Dáil debates

Tuesday, 7 July 2009

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

 

12:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

I move amendment No. 2a:

In page 9, lines 21 to 23, to delete all words from and including "of" in line 21 down to and including "expertise" in line 23 and substitute the following:

"of—

(a) any member of the Garda Síochána, or

(b) any former member of the Garda Síochána,

who appears to the Court to possess the appropriate expertise (in this section referred to as the "appropriate expert")".

Amendments Nos. 4a, 5a and 5b are consequent to amendment No. 2a. Amendment No. 2a amends section 7 so that evidence as to the existence of a particular criminal organisation may be given by either a member of the Garda Síochána or a former member of the Garda Síochána. The intention of this provision is to ensure that the member of the Garda Síochána with the greatest direct experience and knowledge of a particular organised crime group is the person who will give the evidence to the court. It may be the case that a member with such knowledge will have left the force prior to a hearing. This provision ensures that should such a person be the proper individual to provide the required evidence, then he or she shall be able to do so.

Amendments Nos. 4a, 5a and 5b are consequent to this amendment and substitute the word "appropriate expert" or "expert" for the word "member" where it appears in section 7, recognising that a former member of the Garda Síochána may be providing the evidence.

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