Vol. 432 No. 5
7 Mr. Rabbitte asked the Minister for Justice the progress, if any, which has been made to date in implementing the recommendations of the Martin Committee which reported in March 1990; and if she will make a statement on the matter.
The recommendations of the Martin Committee fall into two parts. The first relates to the desirability of a procedure whereby convictions can be reviewed following the exhaustion of normal appeal procedures where there is an allegation of miscarriage of justice. Legislation enabling the review of such convictions, where new evidence emerges, is being drafted and I expect to circulate it shortly.
The second relates to the video recording of questioning of suspects by the Garda Síochána. In this regard I have set up a steering committee for the introduction of audio and audio-video recording of Garda questioning of suspects on a pilot basis in selected Garda stations.
The steering committee is chaired by Mr. Justice Esmond Smyth and the Garda Síochána, the Attorney General, the Director of Public Prosecutions, the Bar Council, the Incorporated Law Society and the Department of Justice are represented on it. It will make recommendations to me on the necessary features of a pilot scheme. When I have agreed the features of the pilot scheme the committee will arrange for the stringent monitoring and assessment of it over a period. The committee will also submit for my consideration a report on the outcome of such assessment.
May I ask the Minister if she recalls the long awaited decision in the case that has become known as the Tallaght Two where the Government, while not disposing of this matter, held out the prospect of some satisfactory remedy through the Miscarriages of Justice Bill? Is it not unacceptable that those two young people would be left waiting when there is no prospect at the end of this Dáil session of that Bill being introduced and that more than two years after the Martin Committee findings this particular aspect for an appeal system in cases of suspected miscarriages of justice has not yet been put in place?
It is not true to say that these two young people will be left waiting. I made a statement on behalf of the Government at that time, which I stand over, that this legislation will be introduced. I can assure the Deputy that I have worked harder than most to introduce it in this Dáil session. Hopefully, it will be published during the summer recess and will be before the House in the autumn session. I am sure I will have the support of Deputy Rabbitte to get this Bill through the House as quickly as possible. When the legislation is enacted those two young people, along with anyone else who alleges a miscarriage of justice, will have the opportunity of an appeal procedure.
Can I assume that because it is only a steering committee which will examine the recording of evidence in Garda stations, the Minister is not accepting the Martin Committee's findings in that regard? Can I ask the Minister also if in relation to the forthcoming legislation a provision will be included to allow the courts to review compensation payments where wrongful convictions have occurred?
That is an extension of the question.
Of course, I am accepting the report of the Martin Committee. The reason the steering committee was set up was to make the practical arrangements necessary for the introduction of the system. As I said, the committee is made up of the various people who will be required to deal with this system when it is introduced. They will be putting forward their proposals shortly and I hope to be in a position to implement those as soon as possible.
Would the Deputy remind me of her second question?
The courts to review compensation.
That matter is under continuous review by the Department. I do not have a definitive reply for the Deputy at this moment.
One area which requires to be put on a statutory basis is the courts. The State should not have to rely on the payment of ex-gratia payments on a statutory basis. The courts should decide on the levels of compensation.
That point will be taken into account.
May I ask the Minister if she, her Department, the Attorney General or the Government have made any response to the pleas from the families of the two young people concerned who still await the disposal of their case? Has the Minister given them any assurance that the matter will proceed as quickly as possible? I accept she may well have scheduling problems in the Dáil but has there been any communication with the families concerned?
At the time when the decision of the Government was announced by me I made it quite clear that I was pushing ahead with the preparation of the legislation. Unfortunately, I have been unable to introduce it in the Dáil this session, but it will definitely be introduced in the next session. The families concerned would be very much aware of that position. If they are not, I can assure the Deputy they will be made so aware.
