Charles Flanagan (Laois-Offaly, Fine Gael)

I move amendment No. 4:

In page 9, between lines 27 and 28, to insert the following:

"(3) A person shall not be convicted of an offence under this Act based on the opinion given under this section in the absence of corroborating evidence, which shall not include evidence given to a Court based on section 9 of this Act.".

This amendment relates to opinion evidence. I listened to the Minister, but we are establishing new offences and dealing with what constitutes the existence of a criminal organisation. The Minister stated that no one will be convicted under the opinion evidence, but it will be fundamental in leading to a conviction because it will establish the existence of a criminal organisation or gang. The level of evidence submitted is inextricably linked with the conviction because no conviction will be achieved without the court having established the gang's existence. It is a difficult and too wide-ranging a proposal to depart from the accepted procedure under the Offences Against the State Acts. The Supreme Court has stated that opinion evidence must be corroborated. Amendment No. 4 leaves no doubt as to the need to have corroborating evidence.

The manner and speed with which the Bill is being passed poses a difficulty, as the surveillance legislation has not been given an opportunity to run its course through the courts. In practice, opinion evidence accompanied by the evidence garnered under the surveillance Bill will help ensure that what the Supreme Court has stated will be maintained, that is, the unsoundness of opinion evidence alone. Without amendment No. 4 or a similar confirmation, corroborating evidence would be essential to any opinion evidence and we would be in danger of jeopardising the soundness of the Bill.

The practical effect of the surveillance legislation may be that the process I have outlined will be routine in such cases. The corroboration that ensures opinion evidence on the existence of a criminal gang is acceptable to a court could be achieved under any of the provisions of the surveillance legislation in terms of evidence that can be produced. Will the Minister accept the amendment?

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