Dermot Ahern (Louth, Fianna Fail)

I propose to table another amendment in the Dáil in relation to the Supreme Court case that is being dealt with at the moment. There is some uncertainty about the hearing before the Supreme Court, but in an earlier hearing the court gave an indication that in dealing with what are called hybrid cases, namely, ones that may be tried as summary or indictable offences, the District Court was entitled to refuse jurisdiction if it was of the view that the offence was not a minor one. However, the court appeared to say that there was no procedure to permit the District Court judge thereafter to return the accused for trial on indictment.

I understand there is likely to be a further hearing on the matter very soon. However, if the earlier indications were to prevail, it will be necessary to table an amendment that would clarify the position. It was always understood that where a District Court refused jurisdiction, it had powers to refer for trial on indictment, so we shall be tabling an amendment dependent on what happens in the Supreme Court decision.