Dáil debates

Wednesday, 10 February 2021

Criminal Procedure Bill 2021: Second Stage

 

6:15 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I thank all Deputies for their comments and their support for this Bill. It is clear that there is overwhelming support from all Members for the many reasons we have all touched on. The Bill will ensure that we have more streamlined, efficient and effective criminal proceedings. Particularly in the context of juries and jurors, it will enable us to create a system where they know that when they are called to jury duty they will have a start time and, potentially, a clearer outline of the work they have to do and that they will not be empanelled and sent away. When it comes to vulnerable persons, victims or those going through a particularly difficult time, this Bill will be a huge help in making sure they will know when their trial will start and that there will not be stopping and starting. There are many positives in this. I acknowledge the engagement and assistance of everyone who has contributed to this legislation, in particular the Director of Public Prosecutions and members of the legal profession who have given their insight into this over many years.

Deputy Howlin stated that this should have been a miscellaneous provisions Bill. There are many issues that will be included in miscellaneous provisions Bills we have coming down the line this year. I think we should have a miscellaneous provisions Bill for civil law and criminal law every year but there is an urgency with the legislation before us. It has been more than five years in the making and the requests that have come in date back as far as 2012. For the reasons I have outlined, there is an urgency to this legislation and I did not want to see it delayed any further by having to wait for a miscellaneous provisions Bill.

Deputies raised a number of issues to which they asked me to respond. Deputy Ó Murchú referred to the establishment of a citizens' assembly. Unfortunately, I am not able to give a date for that. Most of the citizens' assemblies have been delayed due to Covid but we hope to get them running as quickly as possible. Proceeds of crime is something I am committed to pursuing. I think money confiscated from criminals should go back into our communities so I would be supportive of that.

Deputy Howlin asked about a post-Covid plan. There is a huge amount of work under way already through the Courts Service to try and work through the backlog that has arisen and the challenges that are being faced because of Covid-19 with the implementation and use of digital technologies. Additional funding has been provided. People are being imaginative and forward-thinking in trying to address these concerns now. Looking beyond that, there is a significant plan within the Courts Service to digitalise it and move it into the 21st century. We fully support that and will provide financial support and other assistance as matters progress.

The family court Bill is a massive piece of work aimed at redesigning and restructuring not just the physical infrastructure of our courts system but the process of family law itself. It is not just looking at the physical structure but the ancillary supports that are required. That is being progressed. The Peter Kelly report, which makes recommendations as to how we can improve the overall civil legal aid system, will help to improve and speed up the process and make it more easily accessible for everybody. There is a massive amount of work under way, including reviews of the number of judges we have and whether it is something we need to expand again to address the workload that exists.

We are looking at the review of juries, how members of juries are picked and how that process happens, particularly in light of Covid. It is something that hopefully will be of benefit not just while we are in the midst of Covid but after Covid, as well.

Deputy Catherine Murphy touched on criminal legal aid. I have committed to reviewing the overall legal aid system this year. That is something that will progress and will involve not just looking at the amount of legal aid but the types of legal aid, those who can access it and when they can do so.

The Deputy also asked about the naming of child victims. Government time will be provided in the Seanad next Tuesday for Senator McDowell's Bill to be introduced. There will be Government amendments to the Bill as it goes through the relevant Stages. I hope it can be before the Dáil in a matter of weeks and implemented as soon as possible because I share the Deputy's and other people's concerns about what has happened since the ruling in the High Court and, subsequently, in the Court of Appeal.

Deputy O'Donoghue mentioned training. Garda training is constantly upgraded and changes over time. Of course, the training gardaí receive today is different to the training their predecessors received many years ago. I assure the Deputy that this matter is constantly under review.

I thank Deputies for their support for the Bill. I look forward to working with them in dealing with the different sections in more detail on Committee Stage.

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