Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I agree with that. We should put it in now. I take issue with the Minister of State's point about a citizen's right to a fair trial as if somehow the measure we are proposing or debating on these issues would undermine a citizen's right to a fair trial by having somebody with disabilities on the jury. The precise point of the amendment is to remove the wording which states "have sufficient mental or intellectual capacity" as if it were fixed for all time. We are proposing to insert the words "possess the decision-making capacity to exercise the functions". With our amendment the person on the jury would have to have the decision-making capacity to participate and therefore ensure a fair trial. The concern does not arise in this instance.