David Stanton (Cork East, Fine Gael) | Oireachtas source

This is a large and very important group of amendments but the majority are of a technical nature. As all Members know, the Bill was published in December 2016. Two months later, in February 2017, the Criminal Law (Sexual Offences) Act 2017 was enacted. Among the wide-ranging provisions introduced in the Criminal Law (Sexual Offences) Act were changes to the Criminal Evidence Act 1992 which overlapped with changes to that Act that are contained in this Bill. The purpose of most of the amendments in this group is to update the text of the Bill to reflect the changes introduced in the Criminal Law (Sexual Offences) Act 2017. The substance of the changes introduced in that Act and the substance of the amendments in this Bill as passed by Dáil Éireann are retained.

A small number of amendments in this group will make a material change to the provisions concerned. The language relating to the use of screens to prevent a witness seeing an accused while giving evidence is being changed to refer to a screen being placed in an appropriate location in the courtroom rather than the witness giving evidence from behind the screen. This will allow the screen to be placed either in front of the witness or the accused person depending on the layout of the courtroom, thus ensuring the provision is operable in different settings.

Also to ensure the greatest flexibility in the operation of the provision, the requirement that the accused be able to see the witness is being removed by amendment No. 29. The provision contains an "interests of justice" text to ensure that it may not be used if it would unfairly disadvantage the accused.

Amendment No. 31 replaces the new section 14AA which sets out the matters the court has to have regard to in deciding whether a victim should give evidence via a live television link, with the use of a screen or through an intermediary. The amendment will simplify the provision because concerns were raised that the current wording could require the prosecutor to prove elements of the case prior to the special measures being implemented. This is not the intention and would undermine the purpose of the special measures. The wording proposed in the amendment mirrors provisions currently in the Criminal Procedure Act 1967 and will address these concerns.

One final change to the substance of section 29 is made by amendment No. 37. The amendment concerns section 19 of the Criminal Evidence Act which provides that a person with a mental disorder shall be entitled to the same protections as a child under various provisions of the Criminal Evidence Act. It will limit the sections under which a person with a mental disorder is treated as a child to those sections where no additional protections are available to adults. If an adult can avail of a protection on the basis of his or her personal needs and characteristics then an adult with a mental disorder will be treated in the same way as any other adult and the protection will be assessed having regard to his or her personal capacity and needs.