James Browne (Wexford, Fianna Fail) | Oireachtas source

For my part I welcome amendments from both Government and non-Government Members. It helps to improve legislation, which is hugely welcome. It probably is a departure from times past but it is a welcome departure.

I am not minded to accept the amendment for the reason that what the Senators, with the exception of Sinn Féin, are trying to do is already done in the Bill. I refer to section 6(8)(f), which provides that at a preliminary hearing the court may make "any other order relating to the conduct of the trial of the offence concerned as appears necessary to the court to ensure that due process and the interests of justice are observed". Section 2 clarifies further that ""order", in relation to a court, means a decision that the court is empowered to make under or pursuant to an enactment or the common law, or otherwise". I am satisfied that the court has all the powers it needs to deal with these matters already. Although I agree in principle with the flexibility Senator Ward is attempting to put into the Bill it is already provided for in this Bill.