Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I appreciate that, but I assure colleagues that I will be brief, maybe just not as brief.

I will touch on the amendment I have tabled, which, hopefully, will save us time when we get to that point. The Bill is designed to protect in principle and in law a very important and long-standing function carried out in District Court sittings by members of the Garda, known as Garda court presenters.When a case comes before the District Court, it is handled by a court presenter — for the most part by a local sergeant. The court presenter will detail the offence committed, including details of arrest, charge and caution, and outline the circumstances of the offence. Due to the minor or moderate offences which are prosecuted at District Court level, this is a system that has always allowed for the State prosecutor to focus on more serious cases at a higher court level. This is a well-established system across the State and has been for many years.

On 31 May, the case of Garda Liam Varley v. Ciarán Davitt came before the High Court. The judgment in that case determined that there is no legal basis underpinning the system of Garda court presenters at District Court level. The effect of the decision is that no Garda other than a prosecuting Garda can present a case in court. The ruling ended the ability of Garda court presenters to present and has immediate implications for the system. To restore the legal basis of the Garda court presenters, the Minister for Justice has introduced this emergency legislation.

Due to the emergency nature of this legislation, Sinn Féin did not object to a waiver of pre-legislative scrutiny at the meeting of the justice committee without sight of the Bill. Having since examined the Bill, as the Minister will know from contributions by my colleagues in the Dáil, Sinn Féin submitted an amendment yesterday to ensure that Garda court presenters would not be below the rank of sergeant.

The handling of the Bill so far has unfortunately been somewhat unsatisfactory regarding how to do business, especially regarding the prosecution of those before the courts. While Sinn Féin did not oppose a waiver at pre-legislative stage, it is disappointed that the Bill does not limit Garda court appearances to sergeants or those above that rank. As I have said, we have introduced an amendment in that respect. It is important that the Minister accept the amendment because the unintended consequence of the Bill as it stands is that probationary gardaí will be given the ability to act as court presenters, an outcome we would have serious concerns about. I hope the Minister can accept the amendment and that colleagues can support it. I assure the Minister of our broader support for this Bill and what it is trying to achieve. Sin mo mhéid.