Eugene Regan (Fine Gael)

I move amendment No. 40:

In page 23, before section 19, but in Chapter 3, to insert the following new section:

"CHAPTER 4

Evidence in Criminal Proceedings

19.—In this Chapter—

"Court" includes court-martial;

"Criminal proceedings" includes proceedings before a court-martial and proceedings on appeal;

"Improperly or illegally obtained evidence" means evidence obtained by the Garda Síochána or other law enforcement agency in a manner which breaches an accused's rights in common law or under statutory criminal law or of the Constitution.".

These amendments relate to improperly or illegally obtained evidence. This was the subject of debate in this House when I put forward a Bill to this effect, that is, in regard to the exclusionary rule. In the context of the separation of powers, I do not propose to press these amendments. There is a case before the Supreme Court which was heard approximately ten days ago and these issues are the subject of this court case.

This relates to the constitutional aspect. The Minister had reservations about the Bill proposed and some of which strengthened this Bill in regard to the exclusionary rule. I do not propose to press these amendments in light of the fact the issue is live before the Supreme Court.