Michael McDowell (Dublin South East, Progressive Democrats)

Subsection 3 of the amendment states:

In deciding whether it is in the interests of justice to transfer a trial, the Special Criminal Court may consider any factors it thinks relevant, including—

(a) whether the transfer would be in the interests of the expeditious administration of justice, and

(b) whether the transfer would prejudice the triable person or persons or the prosecution.

All those issues must be considered, including expeditiousness. These are the issues capable of being viewed by the court where they are relevant. To provide otherwise would be to introduce a new mechanism of some kind of consultation and statutory uncertainty while two sets of judges consider a matter in two different locations, which would not be satisfactory and cause delay.

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