James Browne (Wexford, Fianna Fail) | Oireachtas source

One of the reasons we have not had prosecutions is that the DPP is of the view that it cannot secure prosecutions. This is because of the almost impossibility of proving material or financial gain in a situation where that has occurred somewhere outside of the State. It is not open to the DPP to run test cases. It has to make decisions on whether or not to prosecute, based on principles and guidelines. One of those guidelines is a defence. We hope that where the DPP believes a defence is available that it will not prosecute. That is one level. The defence obviously is available if the case ends up going to court. However, we would hope that if it were a clear case of humanitarian assistance that that would not happen. Even if we put in a definition, the DPP will still have to make a decision as to whether it believes it came within the definition within this legislation. No matter what way it is done, there will always be a judgment call by the DPP, based on its guidelines and principles, on whether or not to prosecute. What we do have, and all the research we would certainly point in this direction, is that there is an almost impossibility of getting prosecutions against those who are smuggling. That is what we need to get to, and what we are trying to do with this legislation. In the circumstances, the balance is found here within the legislation as we have drafted it.