Catherine Pierse

Ms Pierse said: “All of us in this room will be acutely conscious first and foremost of the impact this is having on those whose lives are most directly affected by delays to criminal proceedings: victims, accused persons, witnesses and their families. We hear repeatedly from victims how traumatic it is to arrive to court, sometimes after waiting years to give evidence only to learn that the matter cannot proceed.

“Accused persons have also been compelled to navigate intimidating court proceedings without legal representation.”

Ms Pierse continued: “While the value of defence work may not always be readily apparent to every member of the public, those of us who work within the criminal justice system understand their role to be critical to upholding the rule of law. In an era characterised by intense public commentary, it has never been more important that unpopular individuals, accused of serious offences have access to skilled and independent legal representation.

“Victims too benefit from a professional defence service. The best defence lawyers understand how to challenge evidence rigorously while treating witnesses with respect. Their presence contributes to the fairness, credibility and legitimacy of the entire process.”

Ms Pierse also spoke on the issue of privacy rights, disclosure of counselling records and amendments to section 19A of the Criminal Evidence Act 1992 following Supreme Court decisions in the cases of WC and AM, in which the Supreme Court emphasised that the privacy rights of complainants must be considered alongside the fair trial rights of the accused.

Ms Pierse noted that following the decisions the Office of the Director of Public Prosecutions undertook a “comprehensive review of its approach to the procurement and disclosure of sensitive and private material”. Requests for private material must now be guided by whether the request is necessary and proportionate. An Garda Síochána will no longer be asked to seek information concerning counselling records unless such inquiries arise from a reasonable line of inquiry or can be otherwise justified as necessary.

Ms Pierse concluded her remarks by paying tribute to those who have been involved in Article 40 applications over recent months.

Ms Pierse said: “The constitutional protections afforded to those in State custody are among the most fundamental safeguards in our legal order. The response to Article 40 applications over the past number of months has demonstrated the very best of public service: institutions and individuals working together, often under significant pressure and through vacation in August to ensure that the State meets its constitutional obligations. I want to acknowledge the work of everyone involved.”