James Browne (Wexford, Fianna Fail) | Oireachtas source

The issues around opening and closing will be revisited when the amendments to section 12 are discussed and I will address them at that point. It is similar with section 11 around court rules.

In regard to the issue of the Minister being given powers to decide which offences are included, the Bill goes into detail on section 5 as to what the requirements are for the Minister to decide what will and will not be included. I expect there will be consistency in terms of approach when we look at the details under section 5. The Bill sets out in section 5 exactly what the Minister must consider when specifying what the offences will be for the purposes of the Bill and, under section 5(3), specifies other things that must be taken into account. Under section 5(4), such orders will be laid before the Houses and, of course, may be annulled within 21 days by either House, so there is that protection mechanism and it will be for the Houses to look at.

In regard to the broader point on the Bill itself, this has been called for over numerous years by different working groups, practitioners, victims groups and all sorts of other groups, for understandable reasons. I practised as a criminal barrister for a while and was involved in a number of criminal trials, including some quite lengthy ones where there was significant and ongoing disruption. I was always conscious in those trials that not only is it a significant inconvenience for the jury to be brought in and brought out, but it can also be very difficult for either the prosecution or the defence to build up a narrative around that evidence when there are constant interruptions.The jury should have an opportunity to focus on the evidence in a trial, so the overall point of this Bill is very worthy.

I think the Bill will work. It is not going to solve every procedural aspect or issue. I hope and believe that there are enough protections within the Bill. The judges also have their own powers to ensure it is not abused by practitioners for delaying tactics or extensive applications for preliminary trial hearings. I would expect anybody taking a preliminary application would put their best foot forward and deal with as many contentious issues on an application for a preliminary trial hearing so that when the matter did come before trial, it would be ready to be considered by the jury without disruption in so far as possible, although there will always be things that pop up during a trial. I believe the Bill will work but we will keep it under review and serious consideration. There will always be criminal procedure legislation in the future and I understand there will be a criminal procedures (amendment) Bill next year as well. We will certainly keep a close eye on this legislation.

In terms of commencement, the Minister has leeway. She will not commence the legislation until such time as she is satisfied the courts have all of the practicalities in place, including the Judges' rules. She will tick-tack with the Courts Service and the Director of Public Prosecutions, DPP, in that respect so that everything is ready to go when the legislation is commenced.