Paul Bradford (Fine Gael)

There is not a great difference between us. The de facto position is that the presumption is there. Normally if a person stands trial, he or she is considered to be fit to do so. We seek to add certainty. I take the Minister's comments on board but the presumption already exists. The Minister stated the amendment could create difficulties because people might seek to use it as an opt-out clause but, under the legislation, one can only say one is unfit to stand trial if one can prove it. I sought the inclusion of the amendment to provide clarity and certainty but, in a sense, it is there already. I will bow to the Minister's wiser judgment.