Maurice Cummins (Fine Gael)

I move amendment No. 27:

In page 59, before section 55, to insert the following new section:

"55.—The Juries Act 1976 is hereby amended—

(a) in section 6 by the substitution of the following for section 6:

"6.—Subject to the provisions of this Act, every citizen, aged eighteen years or upwards who is resident in a jury district, shall be qualified and liable to serve as a juror for the trial of all or any issues which are for the time being triable with a jury drawn from that jury district, unless he is for the time being ineligible or disqualified for jury service.",

and

(b) in Part II of the First Schedule, by the deletion of the words "and under the age of seventy years" at the end of that part.".

This amendment would update the law as it pertains to the composition of juries. Effectively, it would amend the ages of jurors to bring modern juries in line with a greater proportion of society. The purpose is to remove the current restriction on eligible citizens aged 70 years or older from serving on juries by amending the upper age limit that was imposed by the Juries Act 1976. It also removes the necessity to be listed on the electoral register.

There does not appear to be a convincing rationale to deny older members of society — those aged over 70 years — the right to partake in the public administration of justice as members of a jury panel, especially in light of the changes in life expectancy in Ireland since 1976 and the quality of health enjoyed by persons over 70. It is in this context of possible concerns that may be raised in terms of older jury members that it is important to be aware of two provisions of the 1976 Act.

Persons aged in excess of 65 years will still be eligible to excuse themselves as a matter of right. This is specifically provided for in the First Schedule, Part II, where the Act details a list of categories of persons who were excusable as of right. Currently, this states that persons aged 65 years and upwards and under the age of 70 are excusable. I seek to amend this so that all persons aged 65 years or upwards will be excusable by right. In the event that someone is infirm or suffering from any kind of mental, physical or generic illness, the person is specifically ineligible to serve on a jury.

As part of the list, there is a category of incapable persons. This provides for people who because of insufficient capacity to read, deafness or other permanent infirmity are unfit to serve on a jury. It also disqualifies a person who suffers or has suffered from mental illness or mental disability and on account of that condition is either a resident of a hospital or similar institution or regularly attends for treatment by a medical practitioner.

The Juries Act 1976, initiated in the Seanad the previous year, was important legislation that updated the law on juries in Ireland. It specifically repealed the Juries Act 1927 which had theretofore imposed an age restriction of 65 years and increased it to 70 years. Introduced by the Cosgrave Government, the then Minister for Justice said at the time that the most important changes concerned the persons qualified and liable for jury service and that section 6 of the Act was the most important section as it stated the new rule as to qualification and liability for jury service.

The Juries Act 1976 was a progressive if somewhat overdue Act in so far as it removed the necessity for potential jury members to own land and have property of a certain rateable value. It also removed the facility for women to excuse themselves from service by right and allowed for them to be selected and called for jury service. This may not seem a large move but prior to the enactment of this legislation, women effectively did not serve on juries in Ireland. Prior to 1976, women had to choose to be on a list for selection for jury duty. In the two years between 1972 and 1974, only nine women are recorded as having applied to serve and so become qualified to do so, and of these, only five were called for service and only three actually served.

During its passage through the Oireachtas, the Juries Bill 1975, as it then was, drew praise from all political persuasions and was universally welcomed. This applies equally to the increase in the age limit for those eligible to serve on juries. Indeed, several Members commented on the benefit in terms of the broader representation that would be available on juries. I hope the Minister will consider accepting the amendment.