Eugene Regan (Fine Gael)

I welcome the Minister for Justice, Equality and Law Reform's attendance and his acknowledgement of the problem. He stated that, "a modified rule which would encompass a 'good faith' exception or which would allow the trial judge to weigh the rights of the community at large and that of the victim against the rights of the accused, would continue to ensure that the guaranteed rights of the accused are treated seriously". These are the Bill's sentiments. It is well-grounded and many Senators have referred to the need for legislation.

I take on board the constructive criticism offered in respect of specific provisions of the Bill. However, I would not accept all of that criticism. The Minister proposed that we should wait until this matter is adjudicated upon on the basis of the appeal provisions of the Criminal Justice Act 2006. The report of the balance in the criminal law review group was published in March 2007 and, in that context, I am of the view that we should legislate in respect of this matter. If doubts arise in respect of such legislation, there is a mechanism by which these can be dealt with. However, there is a presumption that legislation passed by the Oireachtas is constitutional. Concerns arose in the past to the effect that legislation relating to the Criminal Assets Bureau might not be valid or that certain other legislative measures might not withstand a constitutional challenge in the Supreme Court. The Bill before the House is well drafted, provides the necessary safeguards and ultimately gives wide discretion to the courts in passing judgment on the admissibility of evidence of the type at issue. On that basis, I will conclude my remarks and propose that the debate on the legislation be adjourned.