Seán Power (Kildare South, Fianna Fail)

I understand the importance of cross-examination where appropriate and the need to ensure that this facility is available where necessary. Section 57(4)(c) provides that at a hearing before a committee of inquiry into a registrar's fitness to practice there shall be a full right to cross-examine witnesses.

Section 58(4) expands on this provision by enabling a committee of inquiry to receive evidence given orally, by affidavit, or as otherwise allowed, including by means of a live video link, a video recording, a sound recording or any other mode of transmission. However, it is important to note that a committee may only receive evidence in these ways subject to any rules enforced under section 22 and to the necessity of observing fair procedures. The proposed amendment relates to paragraph (c).

It is important to note that paragraph (c) only comes into operation if rules are made under section 22 which authorises the council to make rules specifying the form in which, and the means by which, evidence of submissions may be received by committees of inquiry. The rules may also specify the conditions subject to which evidence of submissions may be received by means of a live video link, a video recording etc. Therefore, the means by which a committee of inquiry may receive evidence given orally, by affidavit, or as otherwise allowed, including by means of a live video link, a video recording, a sound recording or any other mode of transmission, is subject to the conditions set out in the rules as well as the necessity of observing fair procedures.

Moreover, the paragraph must be read in the context of the Act as a whole, including section 57(4)(c), which provides that there shall be a full right to cross-examine witnesses. Although non-live videos do not allow for immediate cross-examination, evidence given by this means may be sufficient in certain circumstances. It would be in those circumstances that a video recording would be used, not in circumstances that require cross-examination of a witness. In some cases there would not be any requirement for cross-examination with regard to video or sound recording evidence.

My Department sought the view of the Office of the Attorney General in this regard and the advice is reflected here. It is therefore not proposed to accept the Senator's amendment.