Seanad debates

Monday, 26 April 2021

Criminal Procedure Bill 2021: Committee Stage

 

10:30 am

Photo of Vincent P MartinVincent P Martin (Green Party) | Oireachtas source

It is a well-intended amendment. Like the previous speaker, I would be concerned that the outcome of this would be fewer people entering pleas, thereby clogging up the system and victims suffering in a more prolonged way, all because they will not nail their colours. If this Bill is enacted with Senator Ward's amendment, why would many people not take their chances without nailing their colours? Until now and until this Bill is enacted, the only time you can do that is during the jury trial of the action. You would be giving the right to an accused which would only ever have been given heretofore, until this Bill is enacted, in the trial of an action. Instead, people could try to dismantle parts of a case. The bigger the challenge, cometh the hour, cometh the person. There would be huge issue around admissibility and the accused just hanging back to see how the ball breaks, so to speak. In the interest of public policy and the interests of the complainant or victims, and while I can understand the other argument as well that an accused should see all the documents and know exactly the case he must answer, the advantages outweigh the disadvantages and therefore I hope the Minister of State does not accede to Senator Ward's urgings.

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