Charles Flanagan (Laois-Offaly, Fine Gael)

I am talking about the change being made to the old section 70. The Minister said we are changing it in order to simplify the definition. How does the Minister believe that by changing it from a gang of three to where two persons can be acting in concert will simplify matters? Now there is no need to prove there were three members acting in concert but evidence can be given there were two members and there is no need for formal rules or a hierarchical leadership structure for the gang.

How can the Minister satisfy us the changes he has made will make a significant difference or any difference at all considering the failure or unworkable nature of section 70, which has not featured in any prosecution to any extent? Therefore how can he say the changes he is now bringing into this new section 3 will work? Is there similar legislation anywhere in the world that would suggest we should use this new test because it is better? If not, the Minister has not surmounted any hurdle and there is no meaningful improvement in the situation from the original Act.

See this speech in context