Lucinda Creighton (Dublin South East, Fine Gael)

I concur with what Deputies Flanagan and Rabbitte have said. There is some confusion between expert evidence and opinion evidence. I consider it necessary to specify that the garda giving such evidence should not be below the rank of chief superintendent. The provision leaves the section, and therefore the Bill, open to constitutional challenge. If the legislation is referred to the Supreme Court - and I believe it will be - this provision will be struck out, making the legislation entirely redundant.

I am supportive of the Bill. Among others on this side of the House, I called for this legislation last autumn, when the Minister said it was not necessary. I hope it will be robust and will stand up to constitutional scrutiny but I fear the Minister is leaving it open. I hope he will reconsider this aspect of the Bill. Otherwise, it is in danger of becoming redundant.

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