Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Tuigim an méid atá ráite agat, a Leas-Chathaoirligh. I will take your advice in regard to the tightness of today's debate.

Senator Ward has broadly outlined my read of this amendment. I spoke to it at an earlier stage regarding the experience of concerns in the North about some of these pre-trial hearings and, in some instances, how they could potentially be used to test witnesses. I broadly support the subsection (2) of the amendment in principle, but the experience and the growing concerns about the reference in the subsection (1) to cross-examining are of concern. The experience points to where that could become problematic. We are sympathetic to the rights of defendants but we are satisfied that they are sufficiently balanced here already. Introducing a specific clause about cross-examination could potentially lead to defence teams testing witnesses and their stories. That proved to be a significant issue of concern during a particularly well known and controversial trial in the North. Arraignment hearings are being abolished in the North due to some of these issues, as they have been allowed to expand too far in practice. We must keep their boundaries very specific in this jurisdiction. While defence teams have a job to do, any type of potential for tactical moves, such as calling a pre-trial hearing to probe witnesses, should be a matter for concern.

I will adhere to the guidance of the Leas-Chathaoirleach. I offer my views respectfully to the proposer of the amendment, but I will have to oppose it.