Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Tuffy is not on the side of the angels in the case of this amendment in the sense that she would further restrict the defence. Were this amendment to be passed, the Senator would insert the word "believing" rather than "suspecting". She is proposing an amendment to a subsection which provides a defence for a carrier charged with an offence. The subsection would then provide that it shall be a defence to show "that he or she did not know and had no reasonable grounds for believing that the document was invalid". That would put a higher onus on the accused to raise that defence and show that he had a belief, as distinct from a suspicion, that the document was invalid.

I am reluctant to extend the obligation on the carrier to that extent. I understand the point made by the Senator but if the amendment was accepted, it would be more difficult for the carrier to make that defence. Given the large numbers of people that have to be checked under this system, it would make the task of the carrier more difficult if he was required to show a belief, as distinct from a suspicion, in every case. This legislation seeks to ensure that carriers make certain basic elementary checks. However, if the element of belief is imported into the subsection, it will be impracticable for the carrier.