Brendan Howlin (Wexford, Labour)
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Question 110: To ask the Tánaiste and Minister for Justice, Equality and Law Reform further to his speech in Limerick on 20 October 2006, his proposals for a review of the criminal justice system; the particular areas that will be examined in the review; the persons by whom the reviews will be undertaken; when it is expected to be completed; if he plans to involve the Law Reform Commission in the review; and if he will make a statement on the matter. [36237/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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In order to further the proposals I made in my recent speech in Limerick concerning the issue of rebalancing criminal justice I have appointed an expert review group to examine and review certain aspects of the criminal law. The terms of reference of the Balance in the Criminal Law Review Group are to examine issues affecting:

the right to silence;

allowing character evidence of an accused;

the exclusionary rule of evidence;

requiring the accused to outline the nature of his defence before or at the commencement of a trial;

re-opening new evidence;

nullifying an acquittal where there is evidence of jury or witness tampering;

"with prejudice" appeals in the case of wrongful acquittal;

extending alibi evidence rules to other analogous situations;

allowing submissions by the prosecution before sentencing;

modifying the rule in relation to hearsay evidence;

and any other proposals regarding criminal law, criminal evidence and criminal procedure that may come to the attention of the Review Group in the course of their examination of those issues. I have requested the Review Group to report back to me by 1 March 2007.

The members of the Review Group are as follows:

Dr. Gerard Hogan, S.C, Law School, Trinity College, Dublin, Chairperson;

Professor David Gwynn Morgan, U.C.C;

Mr. Richard Humphreys, Barrister-at-Law;

Ms Nora Owen, Chairperson of the Justice Group of the Institute of European Affairs and Member of the Commission for the Support of Victims of Crime;

Mr. Barry Donoghue, Deputy Director, Office of the Director of Public Prosecutions;

Ms Caitlín Ní Flaithearthaigh, Advisory Counsel, Office of the Attorney General;

Mr. Tony McDermottroe, Assistant Secretary, Department of Justice, Equality and Law Reform; and

Mr. Ken O'Leary, Assistant Secretary, Department of Justice, Equality and Law Reform.

I consider that the members represent a solid blend of legal, academic and practical expertise and I am confident that their work will be a valuable contribution to what I described in my Limerick speech as a need to sometimes consider and review values and standards in our criminal justice system to ensure that the scales of justice remain balanced and are not tilted unfairly in one direction.

In relation to the involvement of the Law Reform Commission I understand that the Review Group is seeking submissions from interested parties and members of the public to assist it with its deliberations. Advertisements inviting such submissions by 5 January 2007 have already appeared in the press. This approach will afford the Commission an opportunity to present its views should it wish to do so.