Court Procedures.

Dáil Éireann Debate, Wednesday - 8 December 2004

Wednesday, 8 December 2004

Ceisteanna (128)

Pat Rabbitte

Ceist:

129 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if he has satisfied himself with the state of the law governing efforts by accused persons to impugn the character of homicide victims in their own defence in murder and manslaughter proceedings and the ability of the prosecution adequately to counter those efforts; if he has further satisfied himself that the prosecution uses its best efforts to protect the character of the deceased in such cases, having regard to the present state of the law; if he has received submissions in this regard, in particular from the families of homicide victims; if he is considering proposals for a change in the applicable law; and if he will make a statement on the matter. [32633/04]

Freagraí scríofa

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The Law Reform Commission is currently examining the law on homicide, including the defences that may be raised. To date, it has published consultation papers on the mental element in murder, October 2001, and on the plea of provocation, October 2003. Further consultation papers on other defences are being prepared.

Following consideration of responses to these consultation papers, the commission intends to prepare a final report on all aspects of the substantive law on homicide. In these circumstances, it is appropriate that I await the commission's final report before undertaking consideration of any changes to the substantive law in this sensitive area. I will, of course, be prepared to take into consideration submissions from the families of homicide victims in the context of any such change in the law.

With regard to procedural issues and the conduct of the prosecution's case, that, of course, is a matter for the Director of Public Prosecutions in any particular instance, having regard to the facts of the case, the available evidence and the issues that he or she considers appropriate and relevant to the case.