Dáil debates

Tuesday, 7 July 2009

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages

 

12:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)

On that point, the Criminal Justice (Surveillance) Bill is already law; it is now an Act. If it were possible to do what the Minister is suggesting under pressure from Deputy O'Donnell one could do it already. It is dubious in the extreme that one could bring home a conviction before three judges on the basis of not producing any witness. It is remotely possible theoretically that a combination of material gathered through covert surveillance and access to the Special Criminal Court with a garda testifying to the existence of a gang would bring home a conviction. However, it is so remote that I suggest, with respect, that it really does not give any comfort to Deputy O'Donnell. If Deputy O'Donnell is seeking to be satisfied that he has participated in a debate today which means witnesses might not have to be produced there is only cold comfort for him. Unfortunately, there is intimidation of witnesses but witnesses will still have to be paraded in the Special Criminal Court and that is the short and the tall of it.

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