Martin Conway (Fine Gael) | Oireachtas source

I welcome the Minister, Deputy McEntee, to the House. The Criminal Procedure Bill 2021 is progressive legislation in terms of modernising our criminal justice procedures. It is very welcome that, within a year of being in office, the Minister has brought before Members recommendations made in numerous reports over the years, most recently in the O'Malley report. It is appropriate that we look at modernising the way we operate the jury system with legal argument. One could have a jury sworn in but then there is a delay, sometimes for days, while a legal argument takes place and the jury has to wait outside of the courtroom. This can create a negative impression and experience for those serving on a jury.

Jury service is something one does for one's country. People are and should be obliged to do it. I agree we need to fundamentally look at how we go about selecting people to serve on a jury. Between 70% and 80% of people initially selected to serve on a jury ultimately end up not doing so. There must be something wrong with a system in which that happens. People who are excused from serving on a jury for a whole myriad of reasons, many of them very valid, end up being reselected quickly again.There are others who go through life and are never selected to serve on a jury. There is an inconsistency there, which needs to be looked at. I have no doubt that when we enact this Bill - I am very confident that it will be passed by the House - this is a job of work that should be done post implementation.

Having a pretrial engagement and a pretrial hearing in the absence of the jury, to deal with obvious legal argument is a very common sense approach that should, quite frankly, have been done years ago. Then we would be in a situation whereby the obvious hiccups, legal arguments and disagreements will have been ironed out. When a case proceeds to trial, there are unforeseen circumstances and unaccounted for scenarios where legal argument is necessary. We live in a democracy and have a proper legal system where that must be facilitated and has to be permitted. It would be very worthwhile, however, if this type of thing could be ironed out as much as possible at a pretrial hearing.

I agree that the corporate and civil courts have certainly advanced significantly in modernisation. The criminal side is sadly lacking and has a lot of catching up to do. During the past 12 months, we have seen an intent, a determination and a focused energy to bring it into line with best international practice. I do not believe that we should be striving to be on a par with international practice. Ireland should be leading in that regard.

I am glad also that there has been an improvement in the time delays with cases in the Four Courts. That remains a problem. Thankfully, we are seeing that things are being escalated and cases are being dealt with a little bit quicker than previously. That is to be welcomed. We have, however, a large body of work to do in this House to modernise criminal legislation. There is a great deal that needs to be done. It has not at all been victim-centred until recently. It should be victim-centred. It should always be victim-centred. It in no way compromises any justice system to ensure that the feelings and attitude towards victims is centred on them in all proceedings. I could talk and give examples and case studies of experiences that come through my office, but I will leave that for another day. This legislation is important and I hope it gets all-party support.