Dan Boyle (Green Party)

I compliment Senator Regan on producing this Bill. As someone who has introduced Bills in both Houses, I recognise that legislation should come from Members on all sides. It is regrettable that the majority of legislation we pass comes from the Government. In drafting this Bill, the Senator has made the case for investigating this area. The Minister indicated the issues arising are being considered on an ongoing basis and he hopes to test the current legislation in this regard. He is prepared also to introduce amending legislation if it becomes necessary to do so.

I would diverge from Senator Regan on the text of the Bill, however. It appears to come from the perspective that if only everyone was on our side, we would get everything right. We took a similar approach with the Lisbon treaty by believing that if we had changed the rules on how the people should have been informed, we would have got the right answer.

Crime is obviously a cause of concern for the public. It is important to address the issue of jurisprudence to ensure society and the rights of the accused are protected. One of the central problems of the Bill is the impression it gives that evidence is proof. Evidence can become proof if it is accepted by a judge and jury, but it is only part of the background story and extenuating circumstances that may be used to prove a point. If a conviction ensues, the evidence is genuine but if the evidence is flawed in terms of how it is obtained or its constitutionality, it undermines the process. There is a need to be careful in how we proceed down this road. We must ensure public concerns are addressed and that the justice system is fair to all our citizens. One of the possible consequences of rushing into legislation like this — although not necessarily this Bill — is to condone sloppy practices in judicial and legal enforcement. That point has been already made by Senator Norris in this debate. On those grounds we must move very slowly.

The idea of common and constitutional law is that it is not created in an instant; it is not reactive. The examples cited relating to our last Minister for Justice, Equality and Law Reform show that we should not legislate on such a basis. I was a Member of a Dáil that saw significant pieces of legislation being presented in draft form which were dissimilar in form and content from what was eventually agreed by both Houses of the Oireachtas. It was legislation on the hoof that we could be coming back to time and again.