I move: That the Dáil agree with the Seanad in the following amendment:—
In Section 5 (1) the words "may by such order give such directions as to costs as they may consider proper" deleted in lines 16-17 and the following words substituted therefor: "shall order that the costs of the appeal and of the new trial of the accused person shall be paid by the State, unless the court shall be of opinion that the necessity for the appeal and the new trial has been caused or contributed to by the defence."
This is the only amendment to this Bill made by the Seanad. As the Bill left this House, if there was a new trial of a prisoner, the question of costs was entirely within the discretion of the court. The Seanad has rather limited the discretion of the court by the insertion of the words:
shall order that the cost of the appeal and of the new trial of the accused person shall be paid by the State, unless the court shall be of opinion that the necessity for the appeal and the new trial has been caused or contributed to by the defence.
This amendment is very much in the interest, so to speak, of the person charged, and I suggest to the House that they should agree to it.