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

I thank the Senators for their important contributions to this debate. I note some of the points made. On the point Senator Ward made about the exact wording around no previous hearings, it is only to say that the prosecution or the defence is entitled to a preliminary trial hearing for a relevant offence if there has not been one but it does not preclude it from having a second one. Again, that is something the court would have to decide, if that is suitable or not.

On the second point made by the Senator, and Senator McDowell raised the same point, about the opening statements, this is something we had looked at. Obviously, there was consideration by the Law Reform Commission. It is based on those recommendations that it is included now but I take the point made.

In terms of time for expert witnesses, etc., there is a provision for ten to 28 days. It does not mean it has to be 28 days. There is flexibility for the court again and it is for the judge to decide that it can remain at the ten days.

Senators Mullen and Martin mentioned jury selection. There was quite a lengthy discussion in the Dáil when we discussed the Criminal Procedure Bill. There is a great deal that can be done and be of huge benefit in the jury selection system being modernised. That is something the Department is looking at and I take on board a number of different points raised. The fact that, as Senator Martin rightly pointed out, one in five people takes this up is a clear indication that we need to reform the system for some of the very reasons outlined, and that is something we are looking at.

On the specific point Senator Bacik made about Coco's Law and training, part of supporting a victim's journey, which is the implementation of the O'Malley recommendations, is a clear focus on training not just for members of An Garda Síochána but for the legal profession, the Judiciary and any person who comes into contact with a vulnerable person. Training has been conducted and rolled out to all of An Garda Síochána in the divisional service protective units. Work is currently under way with Detective Chief Superintendent Declan Daly and others to ensure training is rolled out to all members of An Garda Síochána. I expect that will be part of the overall training of this year.

As was said, it is not just about introducing and implementing legislation but it is about making sure the people who are actually enforcing the legislation understand it and know it is there, and that those who need to benefit from it can do so.

Senator Ó Donnghaile made a point about arraigning the accused. Therefore, it is not always needed, perhaps, where one has an initial case management scenario but wherever the court thinks it is appropriate, then obviously this is something that is possible.

In terms of disclosure being complete before a preliminary trial hearing, one of the purposes of a hearing is to deal with disclosures, where needed, so this is not workable but, hopefully, this will be of great help in dealing with difficulties with disclosure.

I thank Senators for their positive responses to this Bill. Senator Mullen suggested we could have included this as part of other legislation, and that we would try to be more effective. This is something that has been discussed not only since the report in 2012 but before that in the 2006 report and for me it was really important that this legislation was introduced for all of the reasons we just outlined, to make sure we have a more efficient and a more effective criminal justice system and for those going through the system, be they defendants, those prosecuting and jurors, that it is a more efficient and a more effective system for them. While this Bill is technical, the changes in it are quite profound. Our courts and those who use and work in them deserve to encounter a system that is modern, efficient and fit for purpose in this day and age. I hope this legislation will go some way towards doing that.

I wish to acknowledge the engagement and assistance of everyone who has contributed to the legislation, in particular I thank the Director of Public Prosecutions, DPP, the members of the legal profession who have given their insights into this problem and the Attorney General who has worked very closely with my Department to find solutions that are practicable and workable in the very complex arena of a criminal trial.

The reforms in the Criminal Procedure Bill are designed to streamline a trial process to ensure the legislation on our Statute Book supports the effect of an efficient running of criminal proceedings. This Bill presents and achieves that aim and I, therefore, commend the Bill to the House.

On the question as to when we hope this Bill will be enacted, we may have Committee and Remaining Stages in the Seanad next Monday but that needs to be fully agreed.Obviously, once that happens, it will go to the President for signing. I will commence it as quickly as possible but it is important that we engage with the Courts Service to make sure the right practices, procedures and measures are put in place to ensure it can be enacted as quickly as possible. We are doing that.