Vol. 450 No. 6
10 Mr. Kenneally asked the Minister for Justice whether she will introduce legislation with a view to reducing the multiplicity of unnecessary remands and adjournments which take place in the course of a preliminary examination; and if she will make a statement on the matter. [5384/95]
I hope to introduce proposals to address the matters referred to by the Deputy in the context of a Criminal Justice (Miscellaneous Provisions) Bill which is being prepared in my Department at present.
Any proposals which emerge will be announced in the usual way but I can inform the Deputy that among the areas I am examining are extending the periods of remand and allowing remand hearings to take place at a court nearer the prison where the accused is being held.
While welcoming the Minister's reply, would she accept that the Criminal Procedure Act, 1967 is totally out of date, with the absurd practice still obtaining of depositions being written in longhand by a District Court clerk, and that there is a multiplicity of unnecessary remands and adjournments in the course of preliminary examinations, highlighting the need for a streamlining of the relevant procedures?
Yes, there is a pressing need to streamline our court procedures. Since assuming office, I have had a number of meetings with county registrars, members of the Judiciary, the Bar Council and the Incorporated Law Society, all of whom recognise that the pre-trial procedures in place, the unnecessary paper work in advance of court hearings and delays in court hearings are all totally unacceptable. For that reason, I propose to insert provisions in the Criminal Justice (Miscellanaeous Provisions) Bill which will speed up those procedures and ensure the unnecessary attendance of gardaí in courts for many hours and days is eliminated.
While warmly welcoming the initiatives to which the Minister has just referred, would she agree that the delays in our criminal justice system constitute one of the most pervasive and invidious grounds for criticism within the entire criminal justice system, with particular regard to acknowledging the rights of victims awaiting the bringing to justice of those who have seriously harmed them? When will the Minister be in a position to bring forward the important reforms of these preliminary aspects of our criminal justice system?
I am not yet in a position to give the House any time limit since, at last count, there were approximately 20 Bills at various stages of preparation in my Department. The type of changes envisaged will be quite minor but very effective in amending our existing criminal justice system, amendments which have been required and recommended over many years. Within my term of office it would be my hope to endeavour to introduce a criminal justice (miscellaneous provisions) Bill annually to tidy up many such issues left in abeyance far too long. The issues involved may be minor, but they cause long delays in our courts system.
Will the Minister indicate if the issue of a review of the absolute right to silence will be included in such reforms?
In the Programme for Government we indicated we would consider that issue, but I have no proposals in that regard at present.
In that context, will the Minister indicate if her statement to the effect that a referendum will be held on the bail laws, with which I agree, is supported by all parties in Government?
The Deputy has probably not yet committed the Programme for Government to memory but I imagine that in time he, as my opposite number, will know the sections on pages 76, 77 and 78 — in which there is a commitment to examine the position on bail — off by heart. The Deputy will probably be aware from my predecessor, and his colleague, Deputy Geoghegan-Quinn, that the Law Reform Commission is finalising a report on the various legislation on bail. Any changes that I might be moved to make or to which the Government might agree will require a referendum and the people will have a final say on that. This matter is outside the question with which we are dealing.
Without being facetious, I ask the Minister if the Democratic Left Party and Deputy Costello have read the Programme for Government? I put it to the Minister that there is scope for amending the bail laws even within the present constitutional constraints and that it is open to her to introduce conditions such as a curfew or preventing a person going to a specified place, area or town. She could examine those matters while awaiting the report and considering the wording of the proposed referendum.
There is a further question tabled on this matter and I do not wish to deal with it now. I thank the Deputy for his support on this issue.
The Minister has the support of my party in Opposition on the issue also.
I also thank Deputy O'Donnell for her support.
