Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I will not hold it against the Cathaoirleach.

I sincerely thank all Senators for their support of this legislation, which is genuinely appreciated. This is the first Bill I have brought through the Houses and I am under no illusion it will always be the case that the legislation will pass as quickly, but I appreciate Senators' support in that regard. I take on board the points that have been made that it is not ideal how quickly this is being passed and that we have bypassed earlier stages. I have asked for that and we are debating the Bill now so it can be enacted before the Dáil and Seanad break later this week. It is being done so the Bill can be enacted as quickly as possible.

Many, if not all, the measures identified in the legislation were highlighted following extensive engagement with the legal profession, the Judiciary, the Attorney General and many others. This was to ensure we can allow them to go about their business in an orderly fashion and that where delays or blockages exist, they can be released. These measures are intended, in both the short and longer term, to help the modernisation of our courts system, and this is something all Senators would agree on and support.

I refer to Senator Ó Donnghaile's amendment and the focus on the sunset clause. There will be many opportunities in the coming weeks and months to address these matters. There will be legislation dealing with miscellaneous provisions in civil and criminal law, as well as the criminal procedure Bill. There will be other opportunities where we will be able to discuss and address many more issues that will undoubtedly need to be raised.

Many, if not all, of these measures are required very quickly because of issues arising resulting from the Covid-19 pandemic. They will also be used in the longer term. For example, I have spoken before about the provisions concerning the remote hearing of civil proceedings. These had already been developed following detailed discussions with the Courts Service, so they have not appeared in recent weeks or even since the onset of Covid-19. The e-filing and statement of truth provisions were highlighted as part of the external Courts Service organisational capability review that was carried out in the context of the Civil Service renewal plan completed in 2018.This is a long-standing request.

The admissibility of business records element is based on the Law Reform Commission recommendations from 2016, as many have mentioned. Video links have been recommended for some time and this part is also welcome, not just for the support such a process could provide during the Covid-19 pandemic but in general. The measures in the section dealing with greater flexibility in times and dates of the District Court have been thought through and there has been significant engagement in the process from the Judiciary and legal profession. Many of those elements have been sought for some time.

I fully understand where the Senator is coming from in asking for the sunset clause but I am sure this is not the only legislation on which I will engage with him. We will cover many areas across the civil and criminal sectors and will have the opportunity to deal with them later.

I will touch on some other matters that have been raised. Senators mentioned concerns about video links. This legislation does not prevent video links being used during a trial as well as before and after but they will not go ahead either before or after unless a strict range of conditions are met and there are safeguards in that respect in the Bill.

A question was raised on the instances in which measures relating to coroners may be introduced. We do not want to talk about the potential of a second wave of the virus or something else coming down the line. However, we cannot allow it to happen that we would be caught unaware. We have seen how in a second our life can change and we need to be able to adapt. This is simply putting in place a measure should a second wave emerge or something else happen that would require additional coroners and support to be put in place. In the Dublin district, as a result of the backlog and a lack of additional support, there are timelines of up to two years before people can get a coroner's report. We do not want that to be replicated anywhere else. These are extremely welcome measures and I thank Senators for their support in this regard.

A number of Senators mentioned the Stardust fire inquest. I join the condolences to the family of Ms. Christine Keegan, who was instrumental in advocating not just for her two daughters but many other victims of Stardust. This is an absolute priority for us as a Government. After the appointment of Dr. Myra Cullinane, senior coroner for Dublin, who will hold the fresh inquest, the challenge that has arisen since the appointment is not a lack of engagement or the provision of services but, unfortunately, the onset of Covid-19. The space identified for use with this inquest was not suitable under the new health restrictions so we are currently engaging with the Office of Public Works to ensure the process can progress as quickly as possible. I can give Senators assurances in that regard.

I thank Senators for their points on admissibility of evidence. As has been mentioned, this will save costs and give both sides a fair hearing, but it will not prevent a person at any stage from challenging this evidence. A presumption of admissibility does not amount to the presumption that records are correct. It is important to say there are a number of safeguards in the provision of this Bill. Most important and in particular, it is open to the court in its own motion to exclude business records evidence in the evidence of justice. I accept some of the points being raised but this at no stage should prevent anybody from questioning records being brought through this process at any stage.

I very much support the potential use of remote hearings for votes on councils if women are on maternity leave. It is something we should look at progressing. There is an ability for Ministers to designate bodies, such as the Workplace Relations Commission, that could come under this piece. It is not intended for use just with the likes of the GAA, which is also important.

We tried to initiate through the July stimulus a package of €5 million to coincide with the passing of this legislation to allow for changes to deal with the backlog in the Courts Service in the coming months.Substantial funding has been allocated to Hammond Lane, which will replace Dolphin House, as has been mentioned. I will take the other points raised, such as that on e-conveyancing, on board. Hopefully, we will be able to include measures in future legislation to help all of us in the development of this important modernisation of our court system.