©Toni Manifesto
Ireland.
A Jury service that excludes the
poor, the disabled, the low income and the unemployed is a Jury service that
leads to a distortion of our whole legal justice system in Ireland. I was
recently called for Jury Service in a rural area of Ireland. I got a shock to
read in the notes accompanying my Jury Summons that if selected to be a Juror I
would not receive expenses to get to the Court house or on my return home. I
checked my local bus station which is 21 miles away and one mile from the Court
house to inquire as to the return fare to do my patriotic duty as a Juror. I
was quoted two fares of either €9 or €9.70 return per day to the Court House
from where I lived. So to attend Jury Service for two weeks (which the County
Registrar conveyed to those summoned at the sitting, this case would take) I
would need €45 to €50 to attend Jury Service for a week.
It is important that my readers
know why I say the poor, the disabled, the low income and unemployed are
excluded from Jury Service. In the past four years most recipients of Social
Welfare, Job Seekers Allowance and other allowances for Ireland’s vulnerable
electorate have had their income reduced from between 11% and 38.5%. Young unemployed
people in Ireland have had their welfare allowance reduced from €188 weekly to
€100. That’s a 47% reduction in income. Note that I quoted our electorate, not
our residents or our population. Many may think that is a mute point. But if
you are not on the electoral register you cannot be called up for Jury Service.
And it’s not compulsory to be on the electoral register. But it is compulsory
to attend if summoned to a Jury Service. Does this not further undermine the
Justice system?
I would point out a precedent in
another Jurisdiction where the electoral and judicial system was used to
distort representation of the underclass. Margaret Thatcher imposed the poll
tax in the UK. But she deliberately
announced that ALL those on the ELECTORAL register would be charged the poll
tax. There was a 22% drop in registration to vote by young people, old people,
disabled people and poor people. They could not afford to pay. They went off
the electoral register. Emperor Thatcher won the election by a 9% majority.
It is one of the foundations of
our democracy that an accused person should be judged by his peers and that is
the purpose of the Jury Service. The notes I received with my summons also
stated that serving on a jury is often the best way for the citizen to
participate in government. Jury service is a civic duty and an obligation.
Anyone attending Jury service will definitely sustain considerable expenses.
Therefore the 400,000 unemployed people in this country are basically
disqualified on grounds of poverty. What social welfare recipient could afford
to spend €50 a week getting to a local court? Compare the rule of no expenses
to our nearest neighbour in Northern Ireland. Daily allowances for jury service
in the north are as follows: Travel
allowance from your home or work and return of 45 cent per mile. Bus and train
fares paid in full. Meal allowance of €7.50 or €15 if away from home for 10
hours. Financial loss including child care allowance of €40 per day if jury
service is less than 4 hours. €70 daily if service is over 4 hours; if the
trial lasts more than ten days the daily expenses rise to €160 daily. Transport
may include taxi fares in certain cases.
A recent media report on jury
attendance in Dublin highlighted that of three thousand summonses issued only
300 jurors attended. This despite the threat of a €2000 fine for non
attendance. People are not going to go without food to attend jury service no
matter how honourable it may be to serve.
Another interesting point that is
made in the 1976 Juries Act is that the Minister for Justice is entitled to
expenses for the performance of his duties regarding the courts service and
jury service. I bet that’s lavish.
Going back to that basic
foundation I spoke of earlier of the right of an accused to be judged by his
peers. Well we have already ruled out the unemployed. We should also exclude
for low income reasons, those on various disability and illness benefits. But
worrying too is those who will not be seen on a Jury for reasons of
ineligibility, excusal etc. Judges, coroners, the AG and his staff, the DPP and
his staff, barristers and solicitors and their staff, Gardái, prison officers,
probation officers & staff, court service staff, forensic science lab
staff. Also members of the Defence Forces including reserve and army nursing
service, certain convicted persons, those with certain mental and incapacity
conditions.
Persons excusable as of right:
Over 65’s, under 18’s, Principal teachers, full time students, doctors,
dentists, nurses, essential teaching staff, midwives, vets, chemists, priests,
ministers and nuns, TD’s and Senators, Comptroller & Auditor, staff of the
Dail, heads of all government departments and any staff they deem to be
essential, heads of local authorities and staff they deem to be essential,
heads of Irish lights and essential staff, Many naval and aircraft personnel.
Those who are in an advanced stage of pregnancy or are caring for infants and
young children as well as full time carers of the disabled may apply for
excusal.
Another matter of concern is that
of access to transport especially in rural areas. In my case there is one bus
from my home at 8am daily and one bus back at 6pm. Normal jury duty is from
10am to 4.30pm. But the finishing time may be extended which could leave the juror
stranded miles from their home. During that period the court service will
provide one lunch. If you have to have breakfast or an afternoon meal you do
without, even if you are a person requiring a special diet. Asking anyone to do
without food for 10 to 11 hours daily except for lunch is cruel to say the
least. One of the more worrying aspects of those who will not be jurors is the
social distortion this causes in the eventual make up of the jury. After all
those excluded and excused as jurors, as described above, only middle class,
wealthy, property owners, self employed, farmers etc are left to choose from.
An unemployed single pregnant woman who is an accused is unlikely to have her
peers judge her. She is unlikely to get much understanding from an Irish panel
of jurors. Of about 200 people who attended the court I was summoned to, about
one third raised their hands when the registrar asked if there were many self
employed or farmers. I do not believe that an ordinary accused person in the
Republic of Ireland has a good chance of a fair trial as a result of the
anomalies I describe above.
©Toni Manifesto
Ireland Copyright
