Brian Lenihan Jnr (Dublin West, Fianna Fail)

This legislation entrusts a grave and fundamental power in the Minister for Justice, Equality and Law Reform. He would be a foolish man if he did not consult with the Garda Síochána or the victim. That is not the issue here. Victims make representations to the Minister for Justice, Equality and Law Reform. The Minister makes the most minute inquiries, particularly in the case of serious offences, with the relevant officers of the Garda Síochána. The difficulty is that the Oireachtas has entrusted this power to the Minister for Justice, Equality and Law Reform. I am sure it is not a power which any Minister for Justice, Equality and Law Reform takes any pleasure in exercising. However, he must make that decision and he is accountable to the other House in the exercise of that decision.

The difficulty with the amendment does not stem from any of those matters but from subsection (3) which states:

The Minister shall not give a direction under this section in respect of a person–

(a) if he is opinion that, for reasons connected with any one or more of the matters referred to in subsection (2), it would not be appropriate to so do.