Jim Walsh (Fianna Fail)

As the Minister said, we have become a very litigious society. In that regard, any loopholes identified will be exploited. Senator Brian Hayes and others have spoken of innocent victims who get caught up in situations which give rise to their seeking recompense for damages. However, existing legislation provides them with such rights. The more we inhibit the Garda Síochána the greater will be our difficulty in tackling crime.

One has only to read Paul Williams's book or to look at programmes on television to learn of the serious criminals committing heinous crimes who are not being convicted because the evidential barrier cannot be achieved to prosecute them successfully. The more obstacles we put in the way of the law the greater will be our difficulty. I agree with Senator Maurice Hayes that there are other mechanisms for dealing with such complaints. I am coming at this legislation from the point of view of enabling gardaí to be more effective in the fight against crime while at the same time, as provided for, having total regard for human rights. We can go overboard and create obstacles or excuses as to why people are not being successfully prosecuted. The removal of subsection (6) would dilute the effect of the Bill.