Barry Ward (Fine Gael) | Oireachtas source

I welcome this amendment. It makes sense, is important and is consistent with instruments that the Minister has brought before the House in relation to the prosecution of sexual offences as well. It is a really important measure. However, I have one question in relation to the proposed section 99(4) and (5). It is really about a circumstance where a person has decided that he or she wishes to cross-examine the other party and the court has decided that it is not appropriate and, therefore, the person must have a legal representative do that. Again, I have no problem with that but I have a question about it. The amendment states that the court "shall appoint a legal representative". Subsection (5) states that the legal representative will be "chosen by the court". I just wonder about the constitutionality of that in terms of the access to justice issues that surround it. Although provision is made in the proposed new section 100 for legal aid, is it not something that is for the decision of the litigant as to who his or her legal representative will be, rather than the court? I am wondering whether the subsection that specifically states that the court will choose the legal representative might create other issues from the point of view of the right of the litigant to choose his or her representative.