Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move amendment No. 16:

In page 20, between lines 10 and 11, to insert the following:

23.—(1) Where a court is satisfied in proceedings before it that—

(a) a party appearing before the court in the proceedings, or

(b) counsel or a solicitor appearing before the court in the proceedings on behalf of a party,

is blind or partially sighted and for that reason requires assistance, the court may, at the request of the party, counsel or solicitor concerned and notwithstanding any enactment, statutory instrument made under any enactment or rule of law, authorise another person (in this section referred to as the "assistant") to accompany the party, counsel or solicitor, as the case may be, in the proceedings and provide such assistance subject to such directions as the court may give to the assistant.

(2) The assistant in proceedings referred to in subsection (1)—

(a) shall comply with directions referred to in that subsection given to him or her, and

(b) shall not, by virtue of being the assistant, have any right of audience in the proceedings.".

My attention has been drawn to the difficulties which may arise in a courtroom environment for a lawyer or a party to the proceedings who is blind or visually impaired. Currently, the use by such a lawyer or party to the proceedings of a reader may theoretically — apart from other considerations — be restricted by certain court rules, for example, the in camera rule. The proposed provision will make it abundantly clear that a blind or partially sighted lawyer or a party to the proceedings in need of the assistance of a reader in court has access to one. This proposed amendment emanates from representations made to the Chief Justice.

See this speech in context