Seanad debates

Monday, 26 April 2021

Criminal Procedure Bill 2021: Committee Stage

 

10:30 am

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

I move amendment No. 3:

In page 8, line 31, after “matters” to insert “inter alia”.

The two amendments are linked in terms of the amending of section 2(7). This section sets down what the trial court may assess at a preliminary trial hearing. I have a small concern that it is unduly fettering the discretion of a judge. Amendment No. 3 inserts the words "inter alia" to show that the list provided for in section 2(7) is not exhaustive and to allow the judge to consider other factors he or she thinks might be appropriate.I have taken a belt-and-braces view of matters in adding a paragraph to state that a judge in such a case might consider such other matters as he or she deems appropriate. I am saying that there is a whole range of issues that could be considered at a preliminary trial hearing. It does not seem to make sense in section 6(7) to reduce that to a definitive and exhaustive list of measures. We should, once again, be trusting in the Judiciary to identify what issues should and can be decided at a preliminary trial hearing and that is why I am suggesting this amendment to subsection (7).

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