Seanad debates

Tuesday, 27 May 2008

Civil Law (Miscellaneous Provisions) Bill 2006: Committee Stage

 

4:00 pm

Photo of Alex WhiteAlex White (Labour)

I thank the Minister of State for his response, particularly to amendment No. 22 which deals with what would otherwise have been an anomaly where there would have been differential treatment of coroners juries. In the circumstances of the Minister of State being prepared to accept the amendment we have put forward in that regard, that difficulty has been dealt with. This relates to removing the upper age bar for service on juries, and is a very welcome development. I am happy that the Government has proposed its own amendment. We are pretty much ad idem in terms of how we should proceed in relation to this. I am pleased to note that my party, at a very early stage in this debate, raised the issue of the upper age bar on jury service. While I am not claiming strict ownership of any proposal in this regard, it is fair to say the Labour Party was, if not first, at least very early into the breach in advocating such a change. The age bar offends against the principle of age equality in our society. Very many citizens, 70 and over, are perfectly capable of serving on juries. We have had many practitioners and judges, who were well in excess of 70 and I see no reason members of the public cannot also offer their practical expertise and judgment on juries, which are such a fundamental aspect of the justice system. It is vitally important this change be made. I welcome the fact that we are in agreement across the House on this. I have not heard from Senator Regan, but I believe I know his view and it is that this ought to be effected.

I am open to persuasion on withdrawing amendment No. 21, in circumstances where the Minister of State has assured me that elsewhere in the Juries Act 1976 the question of potential infirmity in respect of jurors is dealt with. I have not had an opportunity to check this, but I am sure that what he tells me is true. In those circumstances, I am prepared to withdraw amendment No. 21, since the fundamental objective of removing the upper age bar for jury service is being effected by these changes.

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