First hurdle cleared in passing emergency district court law

Justice Minister Helen McEntee announced on Thursday that the Cabinet had approved the drafting of emergency legislation to allow the current system to continue. Picture: Conor Ó Mearáin

The Government has cleared the first hurdle as it seeks to rush through emergency legislation to prevent a crisis in the prosecution of thousands of cases in the country's district courts.

The High Court has ruled that the current system of “court presenters” — nominated gardaí who prosecute the cases of other gardaí — is illegal.

However, Ms Justice Marguerite Bolger said she would not make the final order until June 16.

Justice Minister Helen McEntee announced on Thursday that the Cabinet had approved the drafting of emergency legislation to allow the current system to continue.

On Friday, the Oireachtas Justice Committee, which has a legislative duty to scrutinise proposed laws, acceded to a request from the minister to forgo its examination.

Speed up process

This will speed up the process as the General Scheme of the Garda Síochána (Amendment) Bill 2022 needs to pass through the Oireachtas and be signed by the President before June 16.

“The committee has granted a waiver of Pre-Legislative Scrutiny given that the courts have been forced into deadlock at local level due to the uncertainty following Judge Bolger’s ruling in the Davitt case," the committee said in a statement.

Ms McEntee said on Thursday: “If remedial legislation is not put in place to allow for the continued use of court presenters, it is expected there would be significant disruption to the operation of the District Courts throughout the country and significant costs involved in putting in place alternative arrangements."

In a statement after the decision by the justice committee, the Department of Justice said it welcomed the waiver.

The minister has published the bill, and expects that the bill will be scheduled in order for it to pass all stages in the Oireachtas next week.

"It is intended that the bill will commence on enactment," it said.

The Commission on the Future of Policing in Ireland recommended in its report, published in September 2018, that a public prosecution system take over the function provided by the gardaí.

The Government set up a high-level review group in September 2020 to examine the matter and make recommendations.

Donncha O’Connell, Professor of Law at NUI Galway and former member of the Policing Commission, said it is “very disappointing” that the minister is legislating against the clear recommendation of the commission.

He said this recommendation was made to end the “undesirable practice” of gardaí prosecuting cases in the District Court.

“Admittedly, this is being done in response to a decision of the High Court that could lead to significant practical problems with District Court cases without such a response, but what is so egregiously disappointing is that the minister gives no indication of short to medium-term reform plans for this area [on which a review group is deliberating] nor any indication of her or the Government’s thinking on the commission’s recommendation," he said.