Robbie Gallagher (Fianna Fail) | Oireachtas source

Cuirim fáilte roimh an Aire.

We in Fianna Fáil are happy to support this Bill, which puts in place practical reforms to improve the operation of criminal trials and has been called for for some time. It provides for pretrial hearings, which will significantly enhance the trial process for sexual offences, white collar crimes, organised crime and other complex offences. These fundamental changes will make the process easier and reduce the likelihood of juries being sent away during trials, making the court process faster and more effective. Most importantly, it will make it less likely that victims who have to prepare mentally for a trial will be subject to stressful delays. We tend to overlook the stress and annoyance felt by victims, and the trauma that goes with it, when they are built up for a trial process. Even the experience of walking into a courtroom for the first time can be stressful. Some of our learned colleagues in the Chamber do it on an almost daily basis, but for the ordinary citizen and his or her family, it is a stressful experience. This legislation, when enacted, will go a long way towards minimising that, which is to be welcomed.

The Bill will provide for preliminary trial hearings in Irish law for the first time. These hearings will enhance the operation of criminal trials, benefiting victims, the courts, defendants, witnesses and jury members. There is often too much delay or disruption in trials because issues that should have been dealt with in advance, for example, the admissibility of evidence, are subject to legal argument in the absence of the jury. A practical arrangement to determine the availability of witnesses would help to speed up that process. The Bill will reduce the prospect of a jury being sent away immediately after being sworn in to allow for legal argument or being sent away numerous times during the trial, which can be frustrating for all concerned. The Covid-19 restrictions have had a negative impact on criminal trials, but this Bill will support case management and help to ensure that parties are ready to proceed on the day of the trial. It will also deliver efficiencies, given that certain criminal trials will now have fewer delays.

Several reports over the years, some of which have been mentioned by my colleagues, on making the criminal trial system more efficient, tackling white collar crime and corruption, and increasing protections for vulnerable witnesses in sexual offences cases, have recommended the introduction of pretrial hearings. Delays, postponements and suspensions of the start of a trial and multiple adjournments have considerable negative impacts. The trial process can be a stressful experience and victims may have prepared themselves mentally for the trial to start on a designated day. When a trial is postponed at the last minute or interrupted multiple times for legal argument, it can make a victim's experience all the more difficult. Importantly, the Bill will reduce the impact of numerous delays on victims of serious sexual offences.

Pretrial hearings will also mean that matters that could ultimately lead to the collapse of a trial can be identified before a jury is sworn in, preventing lengthy legal argument mid-trial and helping to ensure that trials start when they are supposed to, thereby delivering significant efficiencies and savings for the court.

The Bill's provisions have been developed in close consultation with the Courts Service and the Director of Public Prosecutions to ensure that they will be workable in practice and achieve the desired outcome. Senator Mullen lamented that it had taken us a long time to reach this point, but I hope that having had all stakeholders involved in the process will help going forward.

The principal purpose of the Criminal Procedure Bill is to provide for the introduction of preliminary trial hearings. Part 2 is its main part and deals with preliminary trial hearings, the principal purpose of which is to deal with certain matters ahead of a trial so as to ensure that all parties are ready to proceed on the day of the trial and to minimise interruptions of an untimely nature while the trial is in train. Part 3 of the Bill deals with the provision of information to juries to assist them with their deliberations. This arises from recommendations of the Law Reform Commission in its report of 2013 on jury service to the effect that section 57 of the Criminal Justice (Theft and Fraud Offences) Act 2001, which concerns the provision of specified documentation to jurors, should be extended to all trials on indictment. Part 4 of the Bill makes various amendments to criminal justice legislation.

As I have said, I very much welcome this legislation and I thank the Minister for bringing it to the House this afternoon. It may be difficult for the Minister to give a definitive answer but when does she hope this legislation will be up and running for the benefit of everybody?