We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil
‹ Ceisteanna—Questions. Oral Answers. - Criminal Justice Legislation.

Public evidence in serious crime pleas

Summary

Mac Giolla asks whether courts should be required to hear an outline of evidence when defendants plead guilty to murder or other serious crimes, arguing that public hearings would reduce anxiety and rumours. Noonan says he is considering the matter but will not elaborate because of sub judice proceedings; the Ceann Comhairle enforces the restriction on discussing pending cases.

(Dún Laoghaire): Before the Minister answers the next question, would it be possible to get the sound here improved? People cannot hear what is going on. I notice in regard to Deputy Mac Giolla and other people at the back of the House that it is impossible to hear. Something will have to be done.

2.

Comment on this

asked the Minister for Justice if he will consider amending our criminal justice legislation so that in a case where a person pleads guilty to murder or other serious crimes, the court shall be required to hear an outline of evidence against the accused.

Comment on this

(Limerick East): As in my reply to the previous question, I think it necessary to refer to the fact that this question and answer can hardly but be linked in the public mind with a recent case and, moreover, a case that in certain major respects is still sub judice. Against that background, the only statement I think it appropriate to make is that I am considering the matter.

Comment on this

It is not satisfactory for the Minister to say in regard to that case which has been concluded that the matter is sub judice. Any reference I am making is to cases which have been completely concluded. I am not referring to any possible future cases of any nature and I do not think it satisfactory for the Minister to evade answering by referring to the possibility of other cases which may be sub judice.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

A question, Deputy, please.

Comment on this

Does the Minister not regard it as unsatisfactory that cases should be disposed of without a public hearing of evidence in the case of serious crimes so that public anxiety would be allayed and the public would be aware, as they are entitled to be aware, of what occurred? I am asking again if the Minister considers that amending legislation should be brought in to ensure that in such cases a public hearing of the evidence is required.

Comment on this
Mr. Noonan

(Limerick): As I have already said, I am not prepared to make an extensive statement on this because of the circumstances, but I have said that I am considering the matter.

Comment on this

If I may——

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

I suggest to Deputy Mac Giolla that he will have another opportunity of raising this. He has let his views on the subject be known now and perhaps in some months time he can raise the matter again.

Comment on this

I have just one further supplementary. The Minister could take into consideration the fact that when information is not available rumours become rife and various interpretations can be put on a case by the public which bring the legal court into disrepute. In some cases it may have been considered by members of the public — or rumoured — that cover-ups are taking place.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

The Chair would ask the Deputy to bear in mind that there is a particular delicacy about this case in so far as one leg of it, so to speak, has been disposed of and another part of it stands adjourned for a specified time.

Comment on this

That is a major part of the concern of the public.

Comment on this
Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

Yes, but it is not in order to discuss cases in this House which are pending. That is the sub judice rule. Various views are held about the sub judice rule but I do not think that anybody could complain about the part of it which says that it is not in order to discuss in this House or in public cases which are pending, especially serious criminal cases.

Comment on this

I agree absolutely and I have no intention of doing that. I am merely trying to ensure that the Minister and this House consider whatever steps are necessary to ensure that their legal code and their practices of justice have credibility and the backing of the public.

Comment on this