Willie O'Dea (Limerick East, Fianna Fail)

The proposed amendments seek to change the text of the Bill to reflect that communications made with the Director of Military Prosecutions or a member of his staff on behalf of another person do not come within the scope of the offence of improper communication with the director. The Bill already provides that communications with the Director of Military Prosecutions made by legal and medical advisers, social workers and family members do not come within the scope of this offence. I do not believe there are any other possibilities that need to be catered for here. In addition, the current provision reflects the position in ordinary criminal legislation, namely, section 6(2)(a) of the Prosecution of Offences Act 1974.

We are providing that the accused person can communicate with the Director of Military Prosecutions. We are also providing that people acting as legal or medical advisers, social workers or members of the person's family who are acting on his or her behalf may also communicate with the director without committing an offence. If I were to accept the amendment as drafted, it would mean that we would extend that immunity to people acting on behalf of such legal or medical advisers, social workers or family members. This would be to go too far and I regret that I cannot accept the amendments.