asked the Minister for Justice if the Government or the security forces have on any occasion within the past ten years vetted, screened, or made any investigation into the personal or political records of prospective jurors empanelled for the hearing of any criminal charge.
Ceisteanna—Questions. Oral Answers. - Jurors Records.
3.
The Government have no function in relation to the selection or rejection of prospective jurors. As far as inquiries by the Garda are concerned, the law provides that, in criminal cases, both prosecution and defence are entitled to challenge a specified number of jurors without cause shown and an unspecified number where cause can be shown. It is clear, therefore, that to enable it to exercise its statutory right of challenge, including challenge with showing cause, the prosecution may take steps to inform itself of any matters which it considers relevant to prospective jurors. In practice this means that the prosecution can look to the Garda Síochána for assistance in making inquiries. The precise nature of the inquiries which the Garda may make in particular cases on behalf of the prosecution is a confidential matter and one on which I am not prepared to comment.
Could the Minister give me any indication of the number of occasions on which these kind of inquiries have been made to the Garda?
I am sorry I have not been able to get that information for the Deputy. I accept that it is not incorporated in the answer, nor is there any reference to it in the back-up information I have here. If it is available I will send it to the Deputy but, since there is no mention of it here, I assume it is not available.
Would the Minister not agree that, in a situation in which most criminal charges of a very serious nature are heard by the Special Criminal Court without a jury, this form of investigation cuts at the heart of the jury system as the public understand it to operate?
The law relating to the selection or rejection of jurors was approved and passed by this House as recently as 1976. If the Deputy takes time to reflect on the matter I am sure he will accept that the approach which is embodied in the law is both sensible and necessary if the jury system is to operate fully, fairly and satisfactorily.
Would the Minister not accept that what he has told us this afternoon will create the same kind of public concern as was created in a neighbouring jurisdiction when details about the prior investigation of the criminal records and perhaps other proclivities of prospective jurors were revealed by that administration recently?
I do not accept what the Deputy says. I am quite satisfied with the system as it is. I am quite satisfied with the legislation passed by colleagues of the Deputy who were in Government at the time. This legislation was passed by the other House of the Oireachtas of which the Deputy was a Member and he did not object to it.
Would the Minister agree that, apart from the aspects raised by Deputy Horgan, from his own reply to the question it would appear that the law is heavily weighted in favour of the prosecution? They can avail of the services of the Garda to get background information about jurors who may be challenged by the prosecution. Apparently the same facility is not available to the defendant. While he may have the right to challenge any juror through his legal representatives, he cannot get the same type of background information which is apparently available to the prosecution.
I am satisfied that the system for the selection of jurors at present is fair and just.
That is not the point I am making.
If I accepted the point raised by Deputy Cluskey, I would not be in a position to say what I did say. By saying what I said I am rejecting the implication of Deputy Cluskey's supplementary question.
We are all supposed to be equal before the law. Surely the fact that the prosecution can use the security forces to investigate the background of any juror, personal or political, weighs very heavily against the defence.
I do not accept that.