James Browne (Wexford, Fianna Fail) | Oireachtas source

Section 12 of the Bill implements a recommendation, as Senator Martin pointed out, from the Law Reform Commission's 2013 report on jury service to the effect that the types of information already available under section 57 of the Criminal Justice (Theft and Fraud Offences) Act 2001 would be extended to other trials on indictment and that a trial judge may order that copies of any or all certain documents can be given to a jury in the form that the judge considers appropriate. That includes a transcript of the opening speeches of counsel, a transcript of the closing speeches of counsel and any other document that, in the opinion of the trial judge, would be of assistance to the jury in its deliberations. That is what is contained in section 57 and has been operational for some time. The Bill proposes to extend this provision.

I have heard the Senator's concerns around this issue. However, it is not automatic and will be a matter for a judge to decide in the circumstances whether the information should be provided to juries. It has been operational under the Criminal Justice (Theft and Fraud Offences) Act 2001. I am not minded to accept the amendment in the circumstances in which it is proposed.