Helen McEntee (Meath East, Fine Gael) | Oireachtas source

We have examined this matter. We are all trying to achieve the same thing. Perhaps I am incorrect but my understanding of the amendment, as it is being set out, is that its effect would be to require a higher test for arraigning a person at the preliminary trial hearing. I do not believe that is necessary in this instance. It is being left up to the court, and it is appropriate that the court can decide whether an individual can be arraigned at the pretrial hearing. If it is just an issue of case management, where somebody does need to be brought forward, a court can decide on that without having to show whether is in the interest of justice.Therefore, the amendment is possibly setting the bar too high.

Regarding the O'Malley review, a key recommendation is to try to deal with some of the challenges and issues that arise in a trial. Regarding Northern Ireland, we have done something different.The procedure in question is to be before the trial so there will be no need for an arraignment in every case. Maybe I am not responding fully to what the Deputies are saying but my reading of the amendment, as it stands, is that it would just be setting a higher bar. It is still very much up to the court to decide what is appropriate. This is a key recommendation in the O'Malley report, among many others.