Seanad debates

Wednesday, 2 December 2009

Criminal Procedure Bill 2009: Committee Stage (Resumed)

 

3:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

My previous remarks may perhaps have clarified the purpose of the section which the Senator proposes to oppose. If we were to agree to delete it, we would be faced with a ludicrous situation where the Garda would not be able to put new and compelling evidence discovered by its members to the acquitted person against whom, subject to judicial authorisation, it might wish to bring a charge. That would be complete nonsense because gardaĆ­ would have to be able to confront and question a potential defendant in regard to this new and compelling evidence.

The Senator is entitled to table an amendment on Report Stage and we will deal with it but this is the right way to go. As I said, we did not go down the route of other jurisdictions which have changed the rule in this respect. We are making it subject to judicial authorisation and the detention is only in respect of new and compelling evidence and is subject to a very strict regime and time limit.

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