Dáil debates

Tuesday, 14 June 2022

Garda Síochána (Amendment) Bill 2022: Second Stage

 

6:00 pm

Photo of Cathal BerryCathal Berry (Kildare South, Independent) | Oireachtas source

I thank the Minister of State for his opening statement. I very much welcome the opportunity to contribute to the discussion of this Bill. I fully recognise its importance and the urgency associated with it. I take on board as well the points that have been raised by other Deputies. There are two ways of looking at it. First, we would all prefer to not to be here discussing very detailed legislation at short notice with a tight, time-sensitive horizon. The other way of looking at it is that this is probably a good example of two arms of the State, namely, the Judiciary and the Legislature, working in unison but independently to ensure that we have the best law possible.

In general terms I support the Bill. I am supportive of it for five reasons primarily. First, if it is not broke, do not fix it. The current system works well. As the Minister of State alluded to, it is well established. It is well respected, both by victims and by the accused. It is important to bear in mind that the judge, when she made her ruling last week, did not raise any problems with the principle of a court presenter. The issue was with the administrative technicality associated with it. I am glad that this Bill will tie up that administrative technicality.

My second point is that from a law perspective, as a general rule, it is not good to have ambiguity or grey areas. This House should seize any opportunity it has to tie up or to clarify points of law. This is a good example of this and it is a good opportunity to do that. We should grab it with both hands.

The third point is that gardaí do not work as individuals, but as teams. We need to appreciate that. I do not see any difficulty whatsoever with one particular court presenter handing over key information in relation to a case and to allow a second or even a third court presenter to continue with the case, to present it and to prosecute before the courts system.

Fourth, what we are proposing will make the courts system more efficient. All it will do is bring us back to the status quo, to where we were last week. However, it is unreasonable to expect that members of An Garda Síochána should always be inside the courts. This will make the courts system more efficient. In the event that a garda is injured, ill, or if, as we saw only a couple of weeks ago, their house is broken into by criminals, if they are on a course, or if they are annual leave, the court system can continue without an adjournment or without a delay.

Fifth, and most importantly, I am supporting this Bill because I recognise that if it is not passed shortly it will prejudice the outcomes and will delay a number of cases that are already before the courts. In summary, I support the Bill for the reasons that I outlined. I look forward to its passage through the Dáil and to its swift implementation.

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