I agree with the Minister that the murder of Roy Collins was a tipping point, but there have been many other tipping points. We have not had to face this horrific gang activity before. Senator O’Donovan said these are tough but necessary measures. They are tough but are they necessary?

I thought the problem with the juries had been solved because the DPP can certify that a case should go to the Central Criminal Court. If that is so why does the Minister need this extra legislation? I thought the Criminal Justice Act 2006 had solved the problem of witnesses who changed their minds after the gardaí had videotaped their evidence. That was a serious matter of witness intimidation.

The Minister said that 700 jurors might be called but only a handful would turn up.

This does not seem to solve that problem, apart from doing away with jurors. That is horrific. We must be able to solve that problem. I did not realise that was happening. I have served only once on a jury. I do not think this provision solves that problem.

The Garda Representative Association, GRA, is concerned about the Bill because it could be open to a legal challenge. It is mainly worried about the Minister’s amendment that would allow any serving or former garda to give opinion evidence in court relating to the existence of a criminal gang. This could be interpreted as an individual opinion, rather than an expert opinion as the Minister claims, and could lead to defendants challenging the legislation. The secretary general of the Garda association, P. J. Stone, said that the GRA was concerned that the onus and responsibility for garda testimony will be placed on all ranks. The rank and file gardaí are often the investigators who produce the files of evidence and it is sufficient for senior ranks to present these to the jury. Will the Minister put my mind at rest about that? I listened carefully to what he said today and support his intention to solve this problem but let us not repeat what the British did when they did away with their courts, and the Birmingham Six and others got an unfair deal. Is there any danger that something like that could happen here too?

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