Maurice Cummins (Fine Gael)

I move amendment No. 4:

In page 21, line 2, to delete "ne bis in idem," and substitute the following:

"ne bis in idem1,".

1autrefois acquit, autrefois convict or double jeopardy.

This is a point I made on Committee Stage. The Minister of State will be aware that "ne bis in idem" is a Latin phrase meaning "not twice for the same". On Committee Stage I made the point that we commonly refer to ne bis in idem as autrefois acquit or autrefois convict depending on the circumstances, and most laymen would know it as double jeopardy. It is a legal principle that has been well established in Irish law for a considerable time.

As far as I am aware, there is no mention anywhere in Irish law of the doctrine of "ne bis in idem", either in statute or in case law, as this comes to us from civil law and yet it appears here in section 25 of the Bill. I assume that this is the case because there is an effort to mimic the terms used in Articles 20 and 89 of the Statute of Rome, and this is not unreasonable. However, I must ask if it is wise for this term to enter our Statute Book out of the blue without any definition of what it means and how it should be applied.

In this respect, a simple footnote in the Bill offering alternative terms for what is effectively the same doctrine would help to place the term, especially since this Bill will operate in a common law jurisdiction. Failing that, as I mentioned on Committee Stage, the Minister needs to make an amendment — I thought such an amendment would be tabled here — to define the term "ne bis in idem" in the Bill.

The Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, mentioned he would look at this amendment, felt it was a good one and stated that if it was necessary to define the term, he would do so in the Bill. I am surprised that such a Government amendment is not forthcoming here and I would be interested to hear what the Minister of State has to say on the matter.