Criminal Procedure Bill 2021: Committee Stage
Seanad Éireann — 2021-04-26
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Barry Ward (FG), Industrial and Commercial Panel

I move amendment No. 3:
In page 8, line 31, after “matters” to insert “ inter alia ”.
The two amendments are linked in terms of the amending of section 2(7). This section sets down what the trial court may assess at a preliminary trial hearing. I have a small concern that it is unduly fettering the discretion of a judge. Amendment No. 3 inserts the words " inter alia " to show that the list provided for in section 2(7) is not exhaustive and to allow the judge to consider other factors he or she thinks might be appropriate.
I have taken a belt-and-braces view of matters in adding a paragraph to state that a judge in such a case might consider such other matters as he or she deems appropriate. I am saying that there is a whole range of issues that could be considered at a preliminary trial hearing. It does not seem to make sense in section 6(7) to reduce that to a definitive and exhaustive list of measures. We should, once again, be trusting in the Judiciary to identify what issues should and can be decided at a preliminary trial hearing and that is why I am suggesting this amendment to subsection (7).

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-04-26/debate/main
Retrieved: 2026-08-14T04:49:12+00:00
Sitting date: 2021-04-26