Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I refer the Deputy to what I said a moment ago about what might be practical or less than workable in the circumstances. We have to ensure that whatever legislation we pass here can be given practical effect by those who will be engaged by it. Obviously, the victim is of primary concern here but there are, of course, duties that will be placed on the shoulders of members of An Garda Síochána and, in certain circumstances, members of GSOC. The difference between my amendment No. 7 and amendment No. 8 in the names of Deputies Wallace and Daly is the caveat that the victim's preference must be followed only in so far as is practicable.

I am seeking to include the words "in so far as is practicable" in subsection (b) in order to make provision for and account for the likelihood of instances in which a Garda officer or a member of GSOC is not in a position to comply with a request with immediate effect. For example, this might well occur if the victim requests information via email where there might not be a proper and adequate email address or where the address is incorrect or invalid.

A similar situation might occur if the victim requests the information in a foreign language. This information cannot be provided orally but can be provided in a physical or an electronic document. There are some practical circumstances that will arise from time to time that will contravene something occurring with immediate effect. I do not believe the spirit of the legislation or the letter of the legislation is in any way weakened by including the words "in so far as is practicable". Of course, there will be circumstances in which that will be tested. For example, in a subsequent hearing or any subsequent Act, the officer may well have to show that he or she acted with all due haste in the context of the victim's preference, insofar as the circumstances are practicable. I would be concerned that the letter of the law might not be in a position to be valid.

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