Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I take the Minister's point that if a pretrial hearing occurs, if the defence does not notify the court at that stage of evidence relating to the previous sexual conduct of a victim, witness or anyone else and the trial proceeds, that it is not appropriate for the defence to seek to introduce evidence at that point. We want to see that happening at the pretrial stage. We say that if it does happen, it can only be done to facilitate the expeditious and efficient conduct of proceedings. The discovery of new evidence does not contradict that. I do not think anything would contradict it and, if anything, it would enhance it, bring more certainty and ensure that we get the right result and that people are aware they are not going into the process thinking that at the end of the day the defence can revert to a particular line of questioning without due process allowing for that to happen. This amendment is required to give that little bit of extra security for victims, in particular victims of serious sexual assault, and to ensure that the judge and those involved get a note on the interpretation of the legislation from this House.

It is very clear what the intention is and what is on paper. It states it is to result in the least disruption to the jury and witnesses in the trial of the offence. It does not meant that the court somehow ignores additional or new circumstances, evidence or discoveries that are made. I do not think anyone would interpret it that way, nor should they. Using that as an interpretation or means to block this amendment is unfair and I suggest the Minister reconsiders that.

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