Dáil Éireann Debate, Tuesday - 14 June 2022
1332. Deputy Alan Kelly asked the Minister for Justice if she is considering bringing in legislation to ensure that An Garda Síochána sergeants and inspectors acting as co-presenters in district and circuit courts can continue to do so. [30076/22]
View answerI can inform the Deputy that on 9 June I received Government approval to bring forward emergency legislation to provide for a continued legal basis for Garda Court Presenters in the District Court.
The Deputy will be aware that Court Presenters are members of An Garda Síochána who specialise in court work in the District Court, prosecuting cases on behalf of the Director of Public Prosecutions. They deal with important procedural matters including evidence of arrest, charge and caution in first appearances in court, remands, bail applications and presenting a summary of evidence in guilty pleas.
The legislation will address a recent High Court ruling on the use of Court Presenters, for which a stay has been granted until the final orders are made on 16 June. The legislation will clearly establish a right for any member of An Garda Síochána to conduct a prosecution, whether or not that member initiated the prosecution.
The issue needs to be addressed by legislative amendment as a matter of urgency to avoid serious disruption to the District Courts throughout the country and the costs of putting in place alternative arrangements, which would increase for each day the legislation is not enacted following the taking effect of the judgment. The Bill has now been published and can be found at data.oireachtas.ie/ie/oireachtas/bill/2022/62/eng/initiated/b6222d.pdf
I welcome the decision of the Justice Committee to grant a waiver of pre-legislative scrutiny, owing to the urgency of the matter and the serious operational and cost implications that would arise if the judgment becomes operative, and I can inform the Deputy that I also intend to seek a motion for early signature of the Bill by the President following the passing of the Bill by the Houses of the Oireachtas.
