Seanad debates

Tuesday, 28 July 2020

Civil Law and Criminal Law (Miscellaneous Provisions) Bill 2020: Second Stage

 

10:30 am

Photo of Joe O'ReillyJoe O'Reilly (Fine Gael) | Oireachtas source

I congratulate the Minister on her appointment. This is my first chance to do so in a public forum. We are particularly proud of her in the region I come from, as we are near neighbours. I also endorse the remarks of Senator Martin, as echoed by Senator Ardagh, on the Chief Justice. He is a very reforming Chief Justice and it merits recognition here. Senator Martin is my near neighbour in Carrickmacross, and I also congratulate him on his appointment. We know each other a few years now.

There are good aspects to this legislation, including necessary modernising aspects. It is important that it includes the potential to appoint extra coroners and the use of the deputy coroner, as is the case in Dublin, and will be extended across the country. Delayed inquests are particularly painful and difficult families. Families find themselves in a shocking position after untimely bereavements and we should not add to their pain with delay. That is important. There is also the context of additional deaths from Covid. It is a very good legislative change that those appointments are possible and that there can be practical, common sense use of existing personnel. I welcome that dimension.

I welcome remote hearings. It is common sense in the electronic age that there would be that modernisation. Without straying, although much is allowed during Second Stage, everything we have discussed since Covid emphasises the need for implementation of the broadband plan of which I was a great champion in the last Seanad and remain so. We need to implement the broadband plan immediately to facilitate these modernisations, so that civil hearings and so on can be held remotely if necessary or simply witness statements received.

Slightly extraneous to today's debate, I ask the Minister to review the on-the-spot fine system. The more people we can keep out of our courts the better, and we can do so with their use. It is what hurts most and hurts immediately, and should be done, rather than clogging up a court system with petty things. As a general principle, the use of community service and training and extra education should be to the fore in our justice system. Where rehabilitation can be introduced, particularly in cases of addiction, it should be supported. As a new Minister, I ask that she review these areas and stretch the level of on-the-spot fines, community training, and the rehabilitation of those in addition, out to their limit.

It is great that business records can now be introduced electronically. I agree with the principle of the statement of truth. It is much less cumbersome than a traditional affidavit. It will be up to the Courts Service to impress on people the seriousness of what it is doing. Traditional methods were cumbersome and delaying, and it required adjustment, especially when we have the modern technology.

The use of video links is good. It warrants use without prisoners being transferred around, not only in the Covid context but in a practical sense. I am also happy that clubs, societies and various community associations can meet and take votes without necessarily transgressing proper legislative principles.The point made by our Labour Party colleague earlier on e-conveyancing is worth serious consideration. One of the great problems for ordinary consumers here is the cost and speed of conveyancing. I appeal to the new Minister, who will be reforming and is already proactive, to look seriously at that option.

Those are the main points. It is good that we are embracing the IT age with the legislation.

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