Barry Ward (Fine Gael) | Oireachtas source

I want to be clear, because I mentioned the issue of recklessness earlier. I support the presence of the word "reckless" in this provision. It expands upon and allows for greater scope for prosecutors to identify people who have been involved in offending under this legislation. It is important to note, however, that there is a difference in law between recklessness and a mistake and they cannot be equated.Senator Higgins raised the point that somebody could make a mistake or misspeak and that could be deemed as recklessness. I do not think that would be the case and I think he or she would have a good defence in any subsequent prosecution if he or she simply made a mistake. Recklessness is a function of intention rather than mistake and it deals with a level of disregard for the person. It is when a person claims he or she did not know something but everyone knows he or she should have. When I spoke earlier about recklessness, I suggested that perhaps it should have been included in some of the offences in section 6, for example. I support entirely its retention here. To remove it would tie the hands of prosecutors and make it more difficult for us to achieve prosecution and conviction and that is why it should remain.