Pat Rabbitte (Dublin South West, Labour)

The Minister is asking us to take a lot on faith. It puts us in a difficult position because, given that the Minister is minded to push through the legislation before the recess, nobody wants to a see a section of the Bill undermined in terms of its efficiency on commencement.

The concept described by the Minister is very unusual. We have just passed over the issue of adding "or former garda". I am certain, without having checked the matter, that there is no such precedent anywhere in the criminal law. The Minister stated the garda best able to give evidence as to the existence of a gang and what it is doing is the garda patrolling the streets of a particular neighbourhood and that, as a consequence, we should not persist in dividing the House. We did not do so in respect of the issue pertaining to gardaí who are not below a certain rank. When the Minister was asked to instance the kind of former garda he would call to testify, he referred to the former Assistant Garda Commissioner, Mr. Tony Hickey. Former Assistant Garda Commissioner, Mr. Tony Hickey, is a long way from gardaí on the beat in certain troubled areas.

On the last occasion on which we discussed this Bill, the Minister quoted a document he said he received from the Garda Commissioner. He felt Cabinet confidentiality would prevent him from informing the Opposition of the information therein. The result is that we are in quite difficult circumstances. The Bill is being rushed through and there is no time to hear other evidence and input. I demur from dividing the House on this matter and am willing to take the Minister at his word, although there is a great lack of certainty as to where we are going.

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