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Why Change Silence Laws Now?
Read more about: Government, Irish Election, Law, Progressive Democrats 
What has changed since 2003 that requires a reevaluation of the right to silence and the presumption of innocence?
In 2003 the Minister “rejected a proposal from an expert review group to bring in legislation allowing a court to draw inference from an accused’s refusal to provide information while being questioned by the Gardai. The proposal would have been included in the new Criminal Justice Bill giving Gardai additional powers to tackle serious crime.”
Saying “I am more concerned that a trial should be about the facts of the case rather than what a person said or did not say in a police station.”
But then…
And not to forget the boost it has received for it.
So we get kites like that over the weekend where we need to ‘rebalance’ the system in favour of the victim. No one in their right mind disagrees with that proposition, however I have two questions, neither of which I can really answer:
- Is the system weighted against victims of crime? Is a suspect not innocent until proven guilty? If so then we can’t simply make it easier to nail suspects who may be innocent. (Jack M in the comments does seem to answer this bit)
- Is this the best way to rebalance our system, if such rebalancing is needed? I ask this since he ruled it out three years ago but seems to like it now. The timing suggets—to a cynic like myself—that the election may play no small part in the thinking here.
As you mention yourself it isn’t actually about changing the law in McDowell’s case, it is all about ‘talking’ about change it in advance of an election and then leaving it drop afterwards.
You know I find it odd that the meeja don’t pick him up on this more, after all he is musing about this stuff as if he was someone new to the portfolio. Like me getting on top of my brief if appointed suddenly to the ministry of agriculture* He has been minister for 4 years and before that he was AG and he has in practicing law for how long before that! I mean it’s not like he’s not had some time to give these matters some considered thought or been in a position to ‘do’ something like bring forward legislation if he was so inclined. Anyway, he probably needs something to do now that he is no longer Bertie’s watchdog but is instead his Betchya.
*’Is that a cow? what is that stuff coming out from under its tail? Seriously? Hey, what is that man doing attaching those electrodes there for? what do you mean we get milk from there? Aren’t those willies’