Dermot Ahern (Louth, Fianna Fail)

I have nothing further to add, other than to note that in respect of Mr. Justice Fennelly's report, I am starting with the baseline of when the defendant first appeared in the District Court. My Department believes and the Office of the Director of Public Prosecutions concurs strongly that the baseline should be when the decision is made to send forward for trial on indictment. It is only then that the requirement for a book of evidence to be produced kicks in. As the Senator is aware, a District Court judge decides on whether a case can be dealt with in summary fashion or on indictment based on the facts put before him or her in his or her court. Obviously, he or she must then make a judgment about sending someone forward.

To a large extent, the reason the 90-day period was proposed by the working group was based on the assumption that the baseline would be the first appearance. However, in a highly complex case 90 days may not be sufficient, perhaps because the District Court did not make a determination on the issue until well into the 90-day period. Consequently, retaining the starting time for the production of the book of evidence as it is at present, that is, 42 days from the date when the decision is made to send forward for trial is best.

As for representations, the Department obviously will hear representations from Senators, in particular, on the views of outside groups. Nevertheless, this is the Department's best view on the issue, having discussed it with those at the coalface in this respect, that is, with the Office of the Director of Public Prosecutions, in particular, as well as the Courts Service.