Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I support amendment No. 28, which has been proposed by the Tánaiste. It is important to recall what the function of a prosecutor in a criminal trial is. The function of a prosecutor here, unlike in America, should not be to adamantly pursue a guilty conviction. His or her function should be to put the evidence fairly before the jury so that it can determine whether the accused is innocent or guilty. My reading of the amendment that has been proposed by the Tánaiste is that it provides that if a prosecutor in a case becomes aware of a record that should be disclosed to the other side in the interests of justice, then it should be disclosed. The alternative is for there to be no statutory requirement for such disclosure. If the prosecution is aware of any evidence that might be to the benefit of the accused in the trial if it were available to the accused, it is important for the prosecution to make that evidence available to the other side and the matter should then be put before the jury.

I have given a great deal of consideration to amendment No. 50 in the name of Deputy Shortall. I am slightly concerned about her proposal that the individual has to be "offered a reasonable opportunity to obtain independent legal advice on the issue of disclosure rights". On balance, I think such a provision would probably confuse the matter. It would ensure that when an individual is asked to sign something with regard to disclosure, a mechanism will have to be put in place to give him or her an opportunity to avail of and receive independent legal advice. If it is the case that he or she signs something under duress, or he or she is pressurised into doing so, he or she should be able to say afterwards that this happened. Ultimately, it is important in any criminal prosecution for all relevant evidence put forward by the complainant relating to the guilt or innocence of the accused to be before the trial. The consequences of these matters for both parties - the complainant and the accused - can be extremely severe.

See this speech in context