Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

I also welcome the chance to speak on the Bill. The importance of the Bill, brief though it may be, cannot be overstated. It seeks to address the findings in Liam Varley v. Ciarán Davitt that there is no legal basis underpinning the system of garda court presenters at District Court level. This effectively means that no garda, other than the prosecuting garda, has the right of audience in respect of a case. Needless to say, an irregularity of this type can have profound consequences in dealing with crime or with similar matters in a timely, effective way. The consequence of this may not just impact on dealing with cases promptly, but can also impact on faith in the system.

We hear much of dissatisfaction with prosecutions. Not addressing this adequately would only add to these concerns. The High Court decision made an immediate impact on District Court cases. We saw postponements in May and June. This, effectively, was a postponement on the delivery of justice. Not addressing this gap in legislation can also result in areas where depleted Garda numbers can be reduced further by requiring a specific member of the force to appear in court. When Garda duties are taken up in court and numbers are shorter on the ground a system that does not allow any garda, other than their prosecuting garda, to have an audience in respect of a case further restricts the ability of our Garda to operate as effectively as they wish on the ground in our communities.

Take Tipperary, for instance. As of the end of last year, we had a total of 398 gardaí. This is down from 411 a year earlier and is only three more than was the case back in 2009. In my view, we must be mindful of time management and of the prompt working of justice. That is why as a party Sinn Féin agreed not to object to the waiver of the pre-legislative scrutiny on the Oireachtas committee on justice without sight of the Bill. However, it now appears that there is a shortcoming in the Bill that would have unintended consequences that could impinge upon the effective prosecution of a case.

As the Bill is worded, it would see probationary gardaí being given the ability to act as court presenters, which would have consequences that are of particular concern. Na Teachtaí Martin Kenny and Daly have submitted an amendment to rectify this and ensure Garda court prosecutors are not below the rank of sergeant.

I appreciate the opportunity to speak on these proposals, which have potential ramifications for every community in my constituency of Tipperary and all across the country. We need legislation that deals effectively with the matters that impact on communities the most. We also need to ensure Garda numbers are sufficient to meet the current needs of communities with as much urgency as possible.

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