Barry Ward (Fine Gael) | Oireachtas source

My amendment No. 5 from the initial list of amendments, which proposes to delete “erroneously” in page 11, line 19, largely does the same thing that Senator McDowell's amendment proposes to do. The word "erroneously" suggests that before an appeal can be taken there has to be some form of establishment that the evidence was excluded erroneously. It is, of course, a subject of contention by the prosecution. I discussed this with the Minister of State, Deputy Browne, after the last Committee Stage discussion, and what he said to me is probably correct in that it is a matter of interpretation by the Court of Appeal. Notwithstanding the difficulty I have with the way this is drafted, I cannot foresee a situation where an appeal would be refused, or where the prosecution would be declined the opportunity to bring an appeal, merely because it had not in some way satisfied the court in advance of a hearing that the evidence was excluded erroneously. It is a subjective position it takes. I will withdraw my amendment No. 5 on that basis.