Seanad debates
Thursday, 19 February 2015
Workplace Relations Bill 2014: Committee Stage
10:30 am
Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source
If one takes a case against an individual, one arraigns the witnesses and seeks to establish that an offence was committed. The testimony of those witnesses is evidence against a third party. The Senator is saying it is unthinkable that one would have evidence against a third party. If the information was acquired from that individual under some compulsion, the provision provides that if there is compulsion on witnesses they cannot incriminate themselves. That is my understanding of our law. If one compels people to answer a question, they have a right to silence. If they give up their right to silence, having been cautioned, that answer can be used against them. However, if they provide evidence under compulsion, that evidence can be used in a case against somebody else. An accomplice can always provide evidence that can be used to prosecute. It is not my understanding that this is any breach or unusual in the way a case could be conducted.
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