A small working group should be set up to examine problems in the criminal justice system, according to the Bar Council.
The group could consist of legal practitioners in criminal law, members of the office of the DPP, representatives of the Chief State Solicitors' office, and members of the gardaí, Mr George Birmingham SC, representing the Bar Council, told a meeting of the Joint Oireachtas Committee on Justice yesterday.
The committee was hearing submissions about the criminal justice system in the light of problems with a few recent cases.
Mr Birmingham, one of the most experienced prosecuting barristers in the State, urged caution in considering new legislative measures, stressing the importance of existing constitutional protections against miscarriages of justice.
Referring to the failure of certain witnesses to "swear up" to statements made to gardaí, he said there could be variety of causes.
These included being a friend or relative of the accused, having had unfavourable experiences with the gardaí or criminal justice system, being part of a community which did not enjoy a generally co-operative relationship with the police, or intimidation or the fear of reprisals.
In relation to this last reason, he said there were things that could be done. The witness protection programme, which only exists for use in extreme or exceptional cases, should be placed on a statutory footing under the direction and control of the DPP.
Mr Birmingham said provision already existed for "intimidated witnesses" to give evidence via video link, though this would not address the problem outside the court. Screens could also be used, he said.
He stressed the importance of minimising the time between the investigation of a crime and its coming to court, and this required more court resources, especially judges for the Central Criminal Court.
He also stressed the importance of existing rules of evidence relating to the statements of witnesses in court. It was fundamental that the defence had an opportunity to cross-examine a witness, and that a jury could observe the demeanour of the witness, he said.
Prof William Binchy, on behalf of the Human Rights Commission, said: "A distinguishing feature of law is the generality of its application.
"It is wrong to manipulate law to 'target' individuals, even where those individuals may be suspected of wrongdoing."
Mr Michael Farrell, a solicitor and member of the commission, said poverty and disadvantage provided a fertile breeding ground for crime, and law enforcement measures alone could not eradicate crime.