Move to open juries to non-Irish welcomed

The Immigrant Council of Ireland has welcomed proposals to reform the current prohibition on non-Irish citizens from jury service.

The ICI said it favoured the recommendation of the Law Reform Commission in a report on jury service that would allow migrants to participate in an important aspect of Irish society.

The LRC has proposed jury panels should be based on the electoral registers for Dáil, local, and European elections to replace the legislation restricting jury service to Irish citizens.

The recommendation, if accepted, would allow other EU citizens and other residents who have a minimum residency of at least five years to sit on juries in Irish courts. It would add an extra 200,000 people to the existing list of those who qualify for jury service.

ICI chief executive Denise Charlton said any step which removed barriers that prevented migrants from participating fully in Irish life was to be welcomed.

“We believe this is important, not just as an equality issue, but it will also benefit the legal system by providing a jury panel which reflects the reality of Ireland today,” said Ms Charlton.

The LRC report addresses a number of issues raised about the current operation of jury service, particularly a widespread belief that jury panels are no longer representative of general society.

Under the Juries Act 1976, only Irish citizens are entitled to participate in jury service, while members of a large group of professions, including doctors, nurses, teachers, and public servants are excused from jury service. In contrast, Irish passport holders living in England are eligible for jury service there.

The LRC recommends that the blanket excusing of many professions should be replaced by legislation which allows individuals to be excused where they can demonstrate “good cause”.

It also proposes that jurors should be able to read, write, and speak English to the extent they can carry out their functions in court proceedings. It suggests such a reminder on language fluency should be issued when people are summoned for jury service.

Recognising the financial burden that jury service can impose on jurors and their employers, the LRC recommends that jurors should be entitled to a modest daily flat rate payment to cover travel and subsistence.

It also urged the Government to examine measures such as tax credits and insurance to alleviate the financial burden that jury service places on small businesses and the self-employed.

In reaction to concerns about the potential for jurors to find information about an accused online, the LRC recommends that juries should get a specific warning not to read about the case online during trials. It proposes that such action by a juror would constitute a criminal offence.

The LRC report, which contains a total of 56 recommendations, was formally launched by Supreme Court judge Adrian Hardiman in Dublin last night.

To address fears about attempts to interfere with jurors, the LRC recommends that the right to inspect the jury panel should be limited to being examined by legal advisers four days before the start of a trial.