Ivana Bacik (Independent)

I raised a valid point of concern in a constructive way, I hope, on a section of the Bill which the Leas-Chathaoirleach called, namely, section 19. This purports to insert a new section 8A into the Amendment of Criminal Justice (Public Order) Act 1994. This section would create an offence of failing to give an explanation to a garda. Will the Minister of State specifically address the concern I have raised? Section 8A(5) states: "It shall be an offence for any person, without lawful authority or reasonable excuse, to fail to comply with a direction given by the member under subparagraph (iii) or (iv) of paragraph (b) of subsection (2).". This is a direction requiring explanation. This raises a concern as there have been cases successfully taken against Ireland on a similar provision. I am sorry we do not have more time to review this and to establish whether I am correct. There is a concern this provision might fall in breach of the European Convention on Human Rights on the same grounds as those in the Heaney and McGuinness judgment and the Quinn judgment. These cases found it was in breach of the convention to make it an offence to fail to answer questions in a broad sense. I may be wrong but I am simply raising a concern.