Dermot Ahern (Louth, Fianna Fail)

There should be no confusion about this. There is a complete distinction with regard to opinion evidence given as to the guilt of a person. Such evidence goes to the existence of a gang in a particular area and no more than that. In itself, opinion evidence cannot be used convict anyone. As is normally the case, the prosecution must prove that a person participated in or directed the activities of a gang, thereby committing a criminal offence.

It is not possible for a Government to guarantee that any Bill passed by the Houses is constitutional or otherwise. We are obliged to proceed on the basis of the advice provided by the Attorney General and his experienced staff. The latter examined the legislation line by line, word by word and they are satisfied that it will pass constitutional muster. I thank the Attorney General and his staff for the work they did in this regard.

We are being criticised in respect of elements the Bill does not even contain. That is frustrating. The Bill is easy to read and I am of the view that those who should know better would be aware of the exact nature of its contents. People outside the House are criticising us in respect of matters the Bill does not even contemplate.

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