Paul Bradford (Fine Gael)

I support the amendment which has been presented in a comprehensive, persuasive and compelling fashion by Senator Regan. Senator Bacik stated her concern that the proposal would overturn a tradition and a system that has been in place since the foundation of the State but the legislation, which provides for retrial, is an overturning measure in terms of where we are coming from legislatively. We are asking if we should extend that retrial possibility in a retrospective fashion.

The Minister is putting in place a new law from his Department of Justice, Equality and Law Reform but the question we must ask him to reflect upon and what we must ask ourselves to determine is where justice and natural justice lies in the body of this legislation. As I and I am sure some of my colleagues said either last week or on Second Stage, if the legislation currently proposed is passed and if the provision for retrial is prospective rather than retrospective, we are, possibly for the first time in the history of this State, devising a system of justice which will have two categories of victims and two categories of crime, namely, victims against whom crimes were committed previously and victims against whom crimes may be committed next month, next year or two years from now. That is a dangerous precedent. It is a wrong to claim that in the Ireland of 2010 there can be two different types of victims. That is something to which the Minister must give deep reflection.

We are also putting in place what I would describe as a general amnesty. We are now stating that in unique and exceptional circumstances, and it should be exceptional, unique and thorough and every possible safeguard should be put in place, that the courts and not the Oireachtas, the Minister, the Taoiseach or Members of this House or the other House will be in a position to consider a retrial. We are also putting a limit on the types of cases which can be retried and saying that people who may have committed offences last year, the previous year or two or three years ago, even where new, compelling, exceptionally accurate evidence is available, will be granted an amnesty.

Senator Cummins mentioned a miscarriage of justice. Those are strong words in this Republic because we are aware of cases where Irish people were victims of a gross miscarriage of justice. Time after time this House, this Oireachtas and our Government highlighted such cases and stood on the side of those against whom miscarriages of justice were perpetrated. I recall the Birmingham Six and the Guildford Four cases. Sadly, there have been many other cases. The miscarriage of justice in this respect would be applicable in a different set of circumstances. Victims and families are still suffering, yet we are saying there is no recourse to a retrial.

It is important that the Minister would examine our amendment not just as a political presentation from an Opposition party but as a genuine attempt to make good law and a proper statement on the type of society in which we live. It is not about overturning the Constitution. As a person who is not a constitutional expert I asked the Minister last week to point out to me where in the Constitution is there any section which would deem our proposal to be repugnant. I do not believe there is such a section. As was pointed out by Senator Regan and, I believe, Senator Cummins, Article 15.5 states: "The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission". That is not what we are attempting to do.

We are speaking of the very few exceptional cases of crimes which were criminal matters 12 months ago, two years ago and five years ago. We are not talking about new crimes. We are talking about the opportunity for the courts, in cases where substantial new and almost irrefutable evidence is available, to have the possibility of a retrial with all the necessary checks and balances in place. We are not talking of show trials. If a retrial was to be put in place, obviously the defendant or defendants would have the absolute rights to which they are entitled but I find it difficult to accept that the law as is being proposed would draw a clear line in the sand and create these two categories of victims, families and other sufferers, namely, those cases from 2010 onwards and those people against whom grave crimes would have been committed in recent years.

I appreciate the need for us to examine thoroughly and reflect deeply on this fundamental matter but having read the Minister's contributions and interventions last week on Committee Stage, if he is to be fair he would have to concede that the legal body of opinion presented by Senator Regan in particular shows clearly that there is no constitutional or legal restraint on us. It is simply a question of the type of legislation that we, as a House of the Oireachtas, want to implement.

I look forward to hearing the Minister's response. This amendment and, more importantly, the Minister's response to the amendment, will imprint on his Department and on his tenure in office his absolute thinking in regard to victims, the rights of victims and the willingness of the State and the Judiciary to pursue cases where miscarriages of justice took place.

Moving somewhat from this legislation, in the Minister's clear statements yesterday concerning the possibility of industrial difficulty and chaos in the Garda Síochána he spoke for the entire nation. He pressed the correct buttons, so to speak, and called a spade a spade. He spoke about responsibilities, justice, honour and truth.