The Law Society has supported the contention by the Minister for Justice that the legal system is not in crisis because of witness intimidation.
Mr Gerry Griffin, president of the Law Society told the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights that witness intimidation was not a widespread problem and that most trials proceeded in a normal fashion.
"The current systems are good and we should not trick with them until they are shown to be bad. Tricking with them could lead to miscarriages of justice because changes may not be fully thought through in a calm and reasoned atmosphere," he said.
Mr Griffin cautioned against "knee-jerk" legislation or the use of witness statements when witnesses refused to repeat the evidence in court.
People had a right to trial in open court and the accused had a right to face their accusers, he said. Without clear evidence of widespread intimidation, the Law Society believed "no legislation should be countenanced that would restrict that traditional right in any way".
Mr Griffin also said that all Garda interviews with accused persons should be video-taped and preserved for trial "without exception".
He called for the appointment of more judges and support staff, pointing out that eight High Court and Circuit Court judges were currently serving on tribunals and commissions of inquiry.
"Judicial resources are at breaking point," he said.
The director of the Prison Service, Mr Seán Aylward, said he did not believe there was a problem with witness intimidation in prisons. However, he said he would be concerned that an accused person could try to send out messages to deter a potential witness.
"We keep a careful eye on prisoners. Prisoners' telephone calls are monitored and prisoners are told this. We facilitate prisoners making calls to their loved ones, legal teams and so forth, but monitor the non-legal conversations on the telephone," he said.
The recent handcuffing of former assistant Dublin city and county manager George Redmond (79), following his conviction on corruption charges, was also raised by committee members. Deputy Seán Ardagh, committee chairman, asked if it had been planned that the handcuffing would be done in such a public way.Mr Willie Kane, governor of Cloverhill Prison said the handcuffing was an operational matter. "The man in question came into custody, was placed in handcuffs and was removed to the court cells. It is impossible for us to bring prisoners to the court cells in the Four Courts area without passing through public view."
The committee also heard that many sex offenders did not take part in rehabilitation programmes because they would not get a reduction in their sentences.
About 10 to 12 per cent of sex offenders take part in such programmes. Mr Aylward said prisoners could not be compelled to take part in treatment programmes. "One argument sex offenders put to us is that there is nothing in it for them because they do not obtain discounts on their sentences."
He said the public would find it "reprehensible" if sex offenders got major discounts on their sentences by attending such programmes. "This is an extremely difficult matter with which to deal."
The Joint Oireachtas Committee will hear submissions from the Bar Council and the Human Rights Commission this morning as it continues its review of the criminal justice system.
