Rónán Mullen (Independent)

Ba bhreá liom fáilte a chur roimh an Aire Stáit. Tacaím leis an mBille seo. Creidim go féidir linn leasuithe a dhéanamh a bheadh ar leas an phobail ó thaobh riaracháin agus costais a sparáil de.

The Bill makes provision for the following three matters: a custody facility at the new criminal courts of justice complex in the Phoenix Park to be managed by the Irish Prison Service and for similar custody facilities at other courts, the establishment of a combined courts office to enable courts staff to operate in a single administrative office in support of all courts and to facilitate the acceptance of bail recognisance by District Court clerks in relation to persons remanded on bail in the District Court.

The first matter, custody facilities at the courts, deserves further study. Part 2 of the Bill will allow the Prison Service to manage a central holding facility for people in custody and have control over all persons held, including those who have not been committed to prison. The Bill allows for the temporary transfer of custody to a holding area officer only for the purpose of facilitating a court appearance by a person or the holding of a court hearing involving that person. The Prison Service will be responsible for the custody of persons in holding cells in the courts who have until now remained in Garda custody.

This might reduce the Garda's reliance on station bail with the result that more accused persons might be held in custody and brought directly to court. As charging and court appearances might now occur very quickly even in minor offences, this could put unfair pressure on the accused and restrict his or her opportunities for more detailed consultations with legal advisers. From the point of view of ensuring due process, people brought directly to court for summary offences, such as threatening, abusive or insulting behaviour, failing to comply with a direction of a Garda or being drunk and disorderly, may still be in an animated state when brought before the courts. This might result in more unsympathetic judgments than would occur where the same people are sober, washed and contrite. In minor offences, an accused may lack a genuine opportunity to find and persuade character witnesses to testify and gather more impressive damages or poor box contributions. The Minister of State may hold a different view but I raise these issues because I want to see an efficient system which guarantees due process and fair access to justice.

It is not clear to me how the provision for a combined courts office will improve matters. For example, how will a new High Court administrative office change the running of the High Court?

The provision on acceptance of bail recognisance by District Court clerks is phrased in almost exactly the same terms as the amendment to section 22 of the Criminal Procedure Act 1967 made by the Criminal Procedure (Amendment) Act 2007. Why is the same provision considered a necessary part of this Bill?