Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

In its current form, section 17(3)(c) specifies that the judicial studies committee may provide education and training on matters relevant to the exercise by judges of their functions. In order to guide the committee, examples are given of several areas where training might be appropriate. During our Committee Stage debate, Senator Bacik spoke about using the opportunity provided by section 17 to reference the need to have training for judges who are conducting criminal trials with a jury. Mention was made of model charges to juries.

Having reflected on the matter, I have concluded that an amendment along the lines suggested would be a useful addition to the text.What I am now proposing is a short amendment which simply refers to the conduct of trials by jury in criminal proceedings. I believe that this will be more than adequate to address the various issues that may arise in jury trials, such as trial management, jury management, directing the jury, etc. These were matters adverted to by Senator Bacik on Committee Stage and they are, of course, also itemised in the amendment which she has tabled. I have chosen to deal with this matter the training context set out in section 17(3)(c). I believe that this is the appropriate location for the text I am proposing. It does not, of course, preclude the distribution of relevant materials on this topic under section 17(3)(a). I believe, however, that it is better that that subsection continues to have a general import. I hope Senator Bacik can accept that a broad provision of the kind I am proposing is sufficient to achieve the objective we both share. I hope she will not press her amendment in these circumstances.

I also note amendment No. 19 in the names of Senators Ruane, Higgins and Kelleher dealing with unconscious bias. I will comment briefly. While I understand Senators' concern and why this amendment is being put forward, I am reluctant to include a provision of this kind in the Bill. As a consequence, I am not prepared to accept this amendment. I put that on the record because the fact that a matter is not specified in the indicative list provided does not mean that training regarding that matter is precluded. Matters set out in the subsection are by way of example. I anticipate that what the Senators are asking to be included is already included in the Bill. I do not believe it is appropriate to be putting specific areas into the Bill. The context of the amendment goes more to behavioural characteristics linked to temperament and attitude. We can all agree that it is important to recognise the reality of unconscious bias. I am very reluctant, however, to single out the Judiciary as being the only profession where specific training is needed on this issue. It is also the case that while training is not specifically itemised it is not precluded. I hope the amendment will not be pressed.