Michael McDowell (Independent) | Oireachtas source

Section 5 is a provision stating what a relevant offence is, and as is clearly provided for in subsection (1), it means:

(a) an offence specified in an order made under subsection (2),

(b) an offence for which a person of full capacity and not previously convicted may, under, or by virtue of, any enactment or the common law, be sentenced to— (i) imprisonment for life, or

(ii) a maximum term of ... 10 years or more, (c) an offence consisting of aiding, abetting, counselling or procuring the commission of an offence specified in an order made under subsection (2) or an offence to which paragraph (b)applies, or

(d) an offence consisting of conspiring to commit, or inciting the commission of, an offence specified in an order made under subsection (2) or an offence to which paragraph (b) applies.

I wanted to draw this matter to the attention of the Minister of State. Where do we stand with being an accessory after the fact to such an offence? It seems to me that aiding, abetting, counselling or procuring does not automatically include being an accessory after the fact. This may sound slightly arcane but there are cases now, especially when you are dealing with gangland criminality, murders and the like, where you would want to be very clear whether people who are accessories after the fact come within the ambit of subsection (1)(c). Should we consider tweaking the provision to make it clear it includes the offence of being an accessory after the fact?