Ivana Bacik (Independent) | Oireachtas source

I thank the Minister of State for acknowledging my role in raising this issue on Committee Stage. It is an important issue and I am glad that the Minister of State has listened to what has been said and that Government amendment No. 18 was drafted in response to the concern I raised. It was certainly an omission from section 17(3) to not have reference in that provision to criminal trials specifically and to the conduct of trials by jury. I am glad that is now there. I will not be pressing my amendment because I accept that what I had hoped would be covered is now covered, albeit not as specifically set out in my amendment. I do, however, think that this provision meets the concern I had. This is clearly an enabling provision, as was mine. We should be cognisant of the fact that in England, the judicial college drew up the English Crown Court compendium under roughly similar statutory enabling powers. This sort of enabling power has been used elsewhere to provide the type of guidance I am seeking. It also serves to meet the concerns many people have about judicial control of criminal trials where prejudicial comments are made.

I also listened carefully to the comments of the Minister of State regarding Senator Ruane's amendment. She will respond herself on that. It is important, however, that within section 17 the judicial studies committee would be providing training and guidance tojudges in respect of unconscious bias. Judges should be informed about the way in which gendered stereotypes, for example, can impact upon the conduct of sex offence trials. I use that again as a specific example. I also refer to the prevalence within society of rape myths built upon these gender stereotypes. These are the sorts of things on which judges must and should be receiving training when they are anticipating conducting trials for sex offences or, indeed, for criminal cases generally. I hope that sort of training will be built into the work of the judicial studies committee in any case. I know the Minister of State has stated that he does not want to be so specific as to address this matter in this section. As I have said, it is up to Senator Ruane as to how she responds. It is important, however, that we raise these issues in the debate. It is also important that what we have said would inform the work of the judicial studies committee as well. I say that because this is part of the very important training that could and should be provided. I can thank the Minister of State again for acknowledging my own role in raising this issue on Committee Stage. I will be supporting Government amendment No. 18 as it meets the concerns I had raised in my amendment No. 17.