Joe Costello (Dublin Central, Labour)

I move amendment No. 22:

In page 5, to delete lines 41 to 48, and substitute the following:

"(c) If the determination under paragraph (b) is that the accused person is fit to be tried, the person shall be sent back by the court of trial to the District Court to enable that court to exercise its functions under the Criminal Procedure Act 1967.".

I tabled this amendment on Committee Stage, and I do not intend to dwell on it. In normal circumstances, when someone comes before the District Court, the case's merits are debated, whereas the only question to be answered regarding someone in this case is whether the person is deemed fit to plead. He or she will be sent forward without any examination of the case's merits, which would be the normal procedure if someone were before the court for another offence. Effectively, we are bypassing one of the major functions of the initial court hearing. It goes straight to a higher court, and here I propose, if the determination under paragraph (b) is that the accused is fit to be tried, that the person be sent back by the court of trial to the District Court to enable it to exercise its functions under the Criminal Procedure Act 1967.

See this speech in context