Seanad debates

Monday, 26 April 2021

Criminal Procedure Bill 2021: Committee Stage

 

10:30 am

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

In response to what Senator McDowell said, I must point out that this is very important legislation which provides a vehicle for all practitioners but probably principally defence practitioners to explore evidential issues before getting to the trial stage. Many of these issues are now resolved at the beginning of a trial after the jury has been empanelled and very often while they are sitting in a windowless room in the Criminal Courts of Justice or in a courtroom somewhere throughout the country. The Bill envisages that instead of doing it then, the process would be refined so that when we get to trial, we actually know what the issues are.

Contrary to what Senator McDowell said, the very last place I would look for guidance on how to properly exercise the criminal justice system is 19th century judges or the United States of America because I think we actually do this quite well in this country. We have a very fair and functional system.

Concerns have been expressed about the commencement. I do not think the commencement provisions outlined in the section 1 are, in any way, extraordinary because they are the same kinds of provisions that we put into most Bills that go through these Houses. I do not know whether it was on Second Stage, but certainly the Minister has indicated publicly that she is already planning discussions with the Courts Service over how this will be implemented. It is anticipated it will be operational either by the end of this legal year or early in the next legal year, certainly by October at the latest.

This legislation has been welcomed by practitioners, victims' groups and people who are engaging on a regular basis with the criminal justice system. It seems eminently sensible to me. I am surprised that, based on section 5(1), the legislation is essentially restricted to those offences that lie at the higher end of the spectrum of indictable offences being those which carry a sentence of imprisonment for life or a maximum term of imprisonment of years or more. That is where it is pitched. That would exclude, for example, common assault, which is the kind of offence where this preliminary trial procedure would be enormously beneficial. I welcome that the section allows the Minister to make regulations to expand that to include more indictable offences which would make sense. I hope and presume she will do that.

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