Ivana Bacik (Independent)

I thank the Minister for clarifying that the person will be at liberty pending the hearing of an application under section 8. I understood him to state that prior to section 16 being brought into operation, the Director of Public Prosecutions must have already formed a view on the existence of new and compelling evidence. However, that is not clear from the wording of the section.

I do not accept the Minister's contention that I am making a much more general point regarding arrests and so forth, far from it. I am stating this is an exception to the normal procedures under which gardaí form reasonable suspicions, arrest people, etc. That will already have been done in this instance in respect of persons who have been tried and acquitted. We are, therefore, dealing with a very different situation in respect of people who previously were not capable of being rearrested.

It is clear from what the Minister said that a section 16 application would be made prior to those made under either section 8 or 9. I reiterate my contention that this matter is too broadly defined in section 16, particularly in the light of the fact that there is a difficulty in the context of an investigation being carried out by the Garda and the omission of a reference to the Director of Public Prosecutions having already formed a view. There is no provision to the effect that the Director of Public Prosecutions should, prior to a senior member of the Garda making an application to the District Court, have formed a view or that a section 8 application is contemplated. Perhaps it might be useful to table an amendment in this regard and I reserve the right to introduce such an amendment on Report Stage.

I could not frame an amendment to section 16 for discussion on Committee Stage because I was not able to identify the stage at which the application should be made. Now that the Minister has clarified the position, I believe I see a way in which the section might be amended in order to make it somewhat more specific. I will, therefore, reserve my position on the matter until Report Stage.

It is clear that, under section 16(9), there is also a power of arrest in instances where retrial orders are made under section 10. When I first read the Bill, I was not sure whether it was envisaged that this would also apply following the making of a retrial order under section 10. However, section 10(1) includes a power for the court to make conditions or give directions. In such circumstances, the court can provide a warrant for arrest. Section 16 is, therefore, only relevant where somebody has been acquitted and where a retrial order has not been sought or granted. Owing to the fact that the Minister has confirmed this fact, it is all the more important that we ensure there are stringent safeguards in place in respect of the detention period, what is permissible and the necessary mechanisms which must be triggered before a person can be detained by a judge of the District Court under this section.