Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 8, lines 29 and 30, to delete ", where" in line 29 down to and including line 30 and substitute "direct that he or she shall be arraigned at the commencement of such a hearing, provided the trial court is satisfied to do so is in the interests of justice.".

The O'Malley review recognises that certain crimes can render victims and witnesses vulnerable. In the other jurisdiction, north of the Border, there is a type of preliminary hearing called a committal hearing. Interestingly enough, there were reviews of this recently. With the speeding up of justice in mind, it was recommended that such hearings be abolished. The reports on this side of the Border, however, have recommended that we introduce such hearings to speed up justice. The main issue in the North concerned the cross-examination of victims at a hearing. It was not considered appropriate for this to happen at a committal hearing or preliminary hearing.

What we want to do is ensure that whatever wording we have relaxes the arrangement and that, where possible, people will not be tested in a preliminary hearing, particularly victims or witnesses. We want it to be done in an appropriate way. That is the reason for the wording in our amendment. Deputy Daly may have more to add in respect of that. It is a very small amendment. It is just to try to ensure that victims of crime, in particular, will not find themselves in circumstances in which a preliminary hearing becomes like one part of a double trial in which they must give evidence twice.