Victor Boyhan (Independent) | Oireachtas source

I went through these two amendments the last time the Minister was here. He said he would reflect on the issues and I am sure he has done so. The aim of the amendment is simple: to ensure that, if an accused is prosecuted for an offence under this Act, he or she will have the option to elect for a jury trial. As the Bill stands, if a person or body corporate is prosecuted for any offence under the Act on a summary basis, where the maximum custodial sentence is 12 months, the criminal trial would be heard before a District Court judge. Many people may say that for offences with lesser penalties, this is an efficient way for crime to be prosecuted and the Minister made that point the last time we spoke. My concern, however, is that the public reputation of a person prosecuted under any of these white-collar crime offences could have a lifelong punitive effect, even if the formal legal sanction is on the lower scale.

It is already the case that, in certain theft and fraud offences, an accused can elect to have their trial heard by a jury, even when prosecuted on a summary basis. I cannot see how prosecutions under a corruption Act are any less consequential than theft and fraud offences. When it comes to a person's liberty and ensuring he or she receives a fair trial, we have to be extremely careful that, in our collective desire to ensure no person is above the law, we do not lose sight of due process. I encourage Members to support the amendment.