Lisa McDonald (Fianna Fail)

I welcome the Minister's amendment to the definition of "compelling evidence". The opportunity of a re-trial in the criminal code, as advanced in the Bill, will strengthen our criminal law. The definition makes clear what is required in order for there to be a retrial, which will protect all concerned. The term "probative value of the evidence being adduced" will ensure the State's time is not wasted and that in respect of a conviction the jury will be the final arbiter. This will strengthen the code. I look forward to seeing how this will play out in our criminal law.

These sections of the new procedures for a retrial are based on the opening up of a previous acquittal. These amendments were made, following discussion in both Houses and with the Director of Public Prosecutions, to give more guidance to the DPP and the court in regard to the ordering of a retrial and to a certain extent the raising of the standard of proof in that respect. I believe the Bill is better than originally drafted in that it contains a little more detail and fleshes out the requirement for the DPP and the court, if making an order, to be cognisant of the strong possibility that a conviction must be attained.