Derek McDowell (Labour)

Amendment No. 1 relates to section 5(8)(a) which concerns the preservation of a crime scene. I believe there is value in the arguments made yesterday by Senator Cummins in regard to this subsection. There is a need to ensure that evidence obtained from a crime scene is not rendered inadmissible simply because a garda did not make a written record of the direction from his superintendent that a place be designated as a crime scene as soon as practicable.

Amendment No. 1 qualifies section 5(8)(a) by adding the words, "a failure to record the direction shall not by itself render any evidence inadmissible". This does not give the Garda an out in terms of the formalities but, equally, where through an oversight the direction is for some reason not recorded as soon as practicable, it would not in itself render inadmissible any evidence found at the scene. I commend the amendment to the House.

Senator Cummins will probably see that I have gone more than half-way to meet the point he made and confined the particular provision to admissibility. Whether it would have repercussions for the Garda in terms of exceeding its powers or being liable in damages to owners of commercial premises is a different issue and is not one with which we must be concerned here.