Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendment No. 28, in the name of Deputy Johnathan O'Brien, is probably one at which we should look. I can be helpful to the House and regret there are 16 amendments in the one group, but it looks more cumbersome than it actually is.

In response to Deputy Clare Daly, we gave consideration to the points raised on Committee Stage. The difference between us is minimal and I hope that in the circumstances we can agree. The difference between the Opposition amendments in the groups and mine on each of the Acts mentioned is the use of the word "or" or "and" between clauses. In effect, we are dealing with a drafting rather than a policy issue. I am satisfied that the use of the word "or" in the text will more correctly achieves what Deputies Clare Daly and Mick Wallace wish to achieve.

The disjunctive "or" is used to distinguish between the right of a parent, relative or friend, a support worker, or a relative of the accused to remain in court for the hearing. Of course, the power of the court to exclude the public is without prejudice to each of the rights individually, but that does not mean that only one of these persons is permitted to remain in court. It means that each clause refers to a separate and distinct right. If we were to use the word "and", it would imply instead that there was one single right for all of the persons listed to remain in court.

I have no doubt that my amendment actually deals with the point at issue in the amendment tabled by Deputies Clare Daly and Mick Wallace. The Criminal Law (Rape) Act 1981 provides that the power to exclude the public is without prejudice to the right of a parent, relative or friend of the complainant, or where the accused is not of full age, to remain in court. Clearly, this provision does not mean that either the complainant or the accused may have a person with him or her. Even though the word "or" is used, both parties are and will be permitted to have a person remain in court with them. It is my belief the text, as it stands, allows a parent, relative or friend and the support worker to remain in court, which is the point that has been very well made by Clare Deputy Daly. I ask that my amendments be made.

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