Michael McDowell (Independent) | Oireachtas source

I accept that it may be the case that abetting involves being an accessory, although I am not sure about it as it has been years since I have studied the law in that regard. I am not sure about it.

The criteria set out in sections 5(2)(a), (b) and (c) seem perfectly reasonable. In respect of section 5(3), is it envisaged that the Minister will take a generous view of this and extend the provision as widely as possible or it thought that this will only be done in the case of particularly difficult or complicated offences? Senator Ward made the point that a simple assault can be tried on indictment. Even in cases of that nature, it might make sense to sort out the preliminaries. That is probably the lowest grade of trial for an indictable offence that could be imagined - somebody swinging a punch at somebody else or whatever. What is the intention of the Minister and the Department? Is this power to specify offences to applied liberally or will it be only used in cases of exceptional importance? Section 5(3)(b) refers to "any relevant complexities that generally arise in the prosecution of such an offence." I know that is only one of two factors, the other being the nature of the offence concerned. Is there to be an inclusive approach which involves extending this wherever possible or is it be applied narrowly and only in the case of offences which people might see as more difficult to prove?