Oireachtas Joint and Select Committees

Wednesday, 24 November 2021

Joint Oireachtas Committee on Justice, Defence and Equality

Minorities Engaging with the Justice System: Discussion

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

I am sorry I had to leave the meeting due to Senators being called for a vote. I missed some of the points made but I have read the opening statements.

I refer to the just a minute, JAM, card mentioned in the submission from the Courts Service. It can be used by people with certain intellectual or learning disabilities or autism or whatever it might be in circumstances where they just need a moment to formulate their thoughts or say what they need to say to a judge, a garda or whomever it may be. I am a practising barrister who works regularly in the courts. I had never heard of this card before. What has the experience of our guests been? Have they found that system is in place or being used by people who need to use it? Is it effective? Those questions are not directed to any of the witnesses in particular. I do not know if any of them have seen the card or had cause to see it being used in the Courts Service. No response is forthcoming. That is what I was afraid the answer would be.

I refer to attitudes in the courtroom. Some of our guests referred to an understanding of cultural differences, interpretive differences and understanding that certain people have when they are before a court. On the whole, we have a good system. In general, judges are very fair. Notwithstanding that, there are attitudinal problems within some of the officialdom within the Courts Service toward particular groups. For example, I have thought for a long time that there should be specific judicial training in this area. I know that judges meet every year and have conferences and things like that. The committee recently spoke about the need for training for barristers in terms of dealing with vulnerable witnesses in the context of sex offences, for example. Is there a need for training for lawyers, but particularly for gardaí and judges in the context of court cases to understand the perspectives of vulnerable people who come before the courts? How would our guests give effect to that training? I do not know if any of our guests wish to deal with that.

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