Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Tuffy tabled an amendment on Committee Stage which is similar in terms to this amendment. The Minister noted that it raised an interesting point and said he would consider the matter further. Having reflected on Senator Tuffy's proposed amendment, the Minister is of the view that, as drafted, there is potential in section 3(8) for a court to conclude, without the benefit of a full trial, that there is not reasonable doubt that an accused did the act alleged. It is clear that such a conclusion could be prejudicial to the interests and good name of an accused thereafter or at any future trial. The Minister proposes an amendment using a slightly different formulation from that proposed by Senator Tuffy which will address her concerns and which provides for a penalty in circumstances where the provisions of subsection (9) are breached.