Brian Lenihan Jnr (Dublin West, Fianna Fail)

Senator Norris raises a very interesting point. I do not believe we have arrived at the transatlantic position where the judge can say virtually nothing to the jury other than in the form of a direction, which is the position in the United States.

When we use the word "direction", we use it in a broader sense and resting on the principle that matters of law are for the judge and matters of fact are for the jury. Defining that boundary is a difficult exercise and one which judges must attempt to do. The direction refers to the principle that a judge directs the jury as to what the law is. This is an important principle in our legal system and must be reflected in our legislation.