Michael McDowell (Independent) | Oireachtas source

If I may say so, Senator Ward is too easily persuaded by the Minister of State. An appeal, referred to in this section, shall lie only in certain circumstances. It seems to me that what is really intended is that it shall succeed only if it is established that it is erroneous that it excluded evidence that was reliable, had significant probative value, and when taken with the other evidence could have affected the outcome of the trial. With the greatest respect to the Parliamentary Counsel involved, they are saying that the appeal only lies where it is bound to succeed. I do not follow that. I probably agree with Senator Ward that the Court of Appeal would say that it would be slightly nonsensical to interpret the term "shall only lie" as excluding something, but I believe that it should have been stated that the appeal only lies where that contention is made and then, when the appeal is heard, the Court of Appeal decides whether or not the appeal succeeds. That is the point I make. I will not push it any further.