Johnny Mythen (Wexford, Sinn Fein) | Oireachtas source

We understand the basis of this Bill stems from a recent High Court judgment in which it was determined that the system of Garda court presenters had no legal basis. Garda court presenters, however, have served as a practical and successful working model across the State for many years. They are an integral part of allowing the State prosecutor to work on far more serious cases at High Court level. We recognise the importance of establishing Garda court presenters on a formal legal basis. This is why we did not oppose a waiver of pre-legislative scrutiny of the Bill by the Joint Committee on Justice. My colleagues, Deputies Kenny and Daly, however, have submitted an amendment concerning rank. We believe the Bill can be strengthened via this amendment to allow the legislation to provide for a stronger and more robust system and, above all, a realignment of trust among the public.

We put forward the case that Garda court presenters should be confined to the rank of sergeant and above. We fear the experience and on-the-ground knowledge held by sergeants and higher ranking officers acting as court presenters could be replaced by inexperienced probationary gardaí. This could leave the courts open to hearing numerous appeals. It would be a retrograde step in the court process and would not serve our court systems well. Considering the rushed nature of this legislation and the waiving of pre-legislative scrutiny, I ask that the Minister of State accept the amendment and the bona fide intentions behind it.

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