James Browne (Wexford, Fianna Fail) | Oireachtas source

This is getting into where the burden lies, and the Commission never got into that. We are saying that this means an exemption for humanitarian assistance. Although I do not believe such a situation would realistically happen, if a person ended up being prosecuted and was about to be convicted, because the prosecution met the burden beyond reasonable doubt of the elements of the offence, then the exemption kicks in where he or she would raise the defence. If there is a defence on the balance of probabilities, the exemption kicks in. That is the exemption. The Commission has not stated where the evidential burden should lie or where that balance is. It just said that it believed there should be an exemption. As I said, Ireland is one of just seven countries that brought in an exemption, and we have brought in a very broad exemption.

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