Brian Lenihan Jnr (Dublin West, Fianna Fail)

While I did not take the Bill on Committee Stage, I had an opportunity to examine the Committee Stage discussion on this issue. I have some sympathy with the point of view expressed in this amendment. The law as it currently stands in regard to the age limit of jurors is that the upper age limit is 70 years with a right of persons aged between 65 and 70 to be excused. The proposed amendment tabled here seeks to have the upper age limit removed in respect of jury service and to take away any right of excusal by reason of age.

The House is no doubt aware that the law on juries is one of the subjects included in the Law Reform Commission's third programme of law reform, a programme designed to run from now until 2014. In other circumstances, I might ask the Deputy to hold off a proposed amendment to an area of the law that was slated for such a review so it could be addressed in that context. However, this Bill already contains some small but important changes to juries legislation, and I am well disposed towards the change now proposed.

I am not, however, well disposed to the proposal that we should take away a right of excusal by reason of age. In my view, when a person attains the age of 65, he or she has given considerable service to the community and should not be required to serve on a jury. However, I accept there is an issue with regard to persons over 70 and whether we should permit them to serve on juries so juries would constitute a representative cross-section of the community — it is a constitutional requirement that a jury be a reasonable cross-section of the community. Of course, when the original Act of 1935 and the subsequent Act of 1976 were enacted, the life expectancy of the individual in the community was not that far beyond 70 years of age. We are now in a very different position.

I am prepared to review this issue. Unfortunately, the conclusions of my review would have to be presented to the other House. Nonetheless, a valid point has been raised by Deputy Rabbitte in his amendment. Rather than accept the tabled amendment at this stage, I would like to take a little further time to reflect on the detail of the proposal, to consult with the Courts Service and to consult with my colleagues in Government because it would be a change of such character that I would have to bring it to them and seek their approval as necessary.

It is the case that the state of Victoria in Australia has done this, although it may be argued that many other common law jurisdictions have not yet done so. However, given the maturity of the country in which we live, it is something we should consider in a serious way. I thank Deputy Rabbitte for tabling the amendment and Deputy O'Shea for moving it. I will give it consideration.

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