Barry Andrews (Dún Laoghaire, Fianna Fail)

As Deputy D'Arcy mentioned, these amendments are designed to bring about an important change to the law on juries in the State. At present, the maximum age limit for sitting on a jury is 70 years of age. Persons older that this are simply ineligible. People between 65 and 70 years of age can exercise a right to excuse themselves. The maximum age for sitting on a coroner's jury is 65.

These amendments remove the upper age limits for eligibility to sit on a jury. This amendment, when first proposed on Committee Stage, attracted cross-party support. I am grateful to the Labour Party for proposing amendment No. 21 in this group, which removes the upper age limit for coroners' juries, an amendment which the Government supports. We are all agreed these changes are worthwhile, so as to reflect the increasing role and contribution of older people in society and the fact that the mandatory retirement age has been raised. The changing demography of our population shows an increasing age profile as more and more people continue to live longer, healthier lives.

Keeping the right of excuse on age grounds will ensure that any person more than 65 years of age does not lose an existing right and can be excused from service as of right if he or she wishes. The approach serves to make the possibility of jury service available to older people, while at the same time ensuring that the availability does not impose a burden in any individual case.

Amendment No. 22, the bulk of which was in the Bill already as passed by this House, replaces provisions in the Juries Act 1976 dealing with people described at present as "incapable persons". The new language approved already by this House replaces the current rather infelicitous expression with a provision better designed to exclude those for whom, because of inability to read or some enduring infirmity, it is not practicable to sit on a jury. This restatement in amendment No. 22 is necessary for drafting reasons so as to incorporate the necessary provision to abolish the 70 year old age limit.

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