Cabinet approves emergency legislation to avoid 'serious district courts' disruption 

Helen McEntee: Said that the legislation will allow for the continued use of gardaí as court presenters. Picture: Conor Ó Mearáin

The Cabinet has given its approval for emergency legislation required “as a matter of urgency to avoid serious disruption” to district courts around the country, the Justice Minister has said.

Helen McEntee said that the legislation will allow for the continued use of gardaí as court presenters, and she hopes the Bill can pass through all stages in the Oireachtas by June 16.

Court presenters are gardaí who deal with procedural matters in court on behalf of the DPP, such as evidence of arrest, charge and caution in first appearances at court, as well as remands, bail applications and presenting a summary of evidence in guilty pleas.

The matter arose out of a judgement in a matter by Ms Justice Marguerite Bolger on May 31. In effect, it found that the only parties entitled to prosecute a case are the particular garda who brought the charge against the accused person, or a barrister or solicitor representing the DPP.

This would represent a change to the procedure used in district courts throughout the country. For many years garda inspectors presented cases at the district court. This was changed in recent years to allow for garda sergeants to perform this function of ‘court presenter’. 

Ms Justice Bolger ruled that a garda sergeant acting as a court presenter does not have a 'right of audience' to prosecute a case against a defendant.

The ruling would necessitate prosecuting solicitors or barristers to represent the DPP’s office, and its effect was already felt at Cork District Court last week when every case had to be adjourned.

Ms McEntee said today that the system of garda court presenters is a “well-established one” which enabled the “more efficient use of police resources by reducing the need for individual gardaí to attend court to prosecute every criminal offence they detect”.

She said: “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.” 

The Department of Justice said that the minister sought a waiver of pre-legislative scrutiny from the Justice Committee due to the “urgency of the matter”.

Ms McEntee will also seek a motion for early signature of the Bill by the President following the passing of the bill by the Houses of Oireachtas.

Responding to the move, the Green Party’s Patrick Costello, who was recently suspended from the party after voting against the Government in a Dáil vote, welcomed the measures being proposed but described it as a “sticking plaster” for longer-term issues.

“It is important that the fixing of this emergent issue by government is facilitated, but it also has to be acknowledged that the wider issues in terms of case management won't be fixed without an increase in the overall number of district court judges,” Mr Costello said.