asked the Minister for Justice (a) if he is aware of the recently expressed views of the new Garda Commissioner relative to the investigation of crime and the rules of evidence, (b) if he has considered these views, and (c) the proposals he has for amending the legislation in this respect.
Ceisteanna—Questions. Oral Answers. - Garda Commissioner's Views.
30.
I am aware of the views that were expressed by the Garda Commissioner—then Deputy Commissioner—in relation to the investigation of crime and the rules of evidence. They were put forward some time ago as personal views that were expressed as a contribution to public debate and the question of my agreeing or not agreeing with them does not arise.
As announced by the Taoiseach at the Garda Síochána Training Centre, Templemore on 8 December 1977, an examination of the relevant areas of the criminal code is being carried out with a view to seeing whether—and if so what—changes can and ought to be made, consistent with the preservation of the legitimate rights of all concerned. This examination is being done in my Department and when I have proposals for amending legislation these will be submitted to the Government for consideration and decision in the usual way.
The law of evidence is also one of the matters which is listed for examination under the First Programme of the Law Reform Commission which was published in December 1976.
Does the Minister accept that there is a degree of urgency in this problem in the light of the difficulties before the courts of proving cases against people?
I accept that there is a degree of urgency in this area.
Bearing in mind the urgency of the situation can the Minister give us any indication, other than that the matter is under consideration, as to when we might have some report from his Department and, more importantly, some legislation from his Department?
I would remind the Deputy that if his anxiety had been shown by some of his party colleagues when in Government we might not be in the state in which we are at present. The urgency did not appear until very recently.
(Interruptions.)
(Cavan-Monaghan): Is it proposed to consider as part of this review the right of a person not to make a statement, the right of a person not to give evidence and the question of the onus of proof never shifting from the State? Is is proposed to consider seriously those matters?
These were some of the points raised by the Deputy Commissioner of the Garda Síochána in his statement and these matters are being examined in detail by my Department as a matter of urgency.
(Cavan-Monaghan): In the light of changed circumstances and the sophisticated type of criminal now operating and in the light of the fact that accused persons have available to them legal aid and advice, does the Minister consider that these matters require looking into?
The Deputy will understand that I am not in a position to answer that question while the matter is under examination.
(Cavan-Monaghan): Has the Minister not any views of his own?
The Minister's views and the Government's intentions will be fully implemented when the time comes.
(Cavan-Monaghan): Has the Minister not any views at the moment?
Certainly not at this stage.