Dáil debates

Wednesday, 12 June 2019

Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions

 

6:35 pm

Photo of Thomas PringleThomas Pringle (Donegal, Independent) | Oireachtas source

I reiterate the comments of my colleagues, Deputies O'Sullivan and Wallace, on the Special Criminal Court and the continuation of the provisions of the Offences against the State Act, which has been around since 1940. We have this charade every year of renewing these provisions and the Government brings little information to the House in doing so. I know a document has been laid before the Houses outlining the number of offences under which people have been arrested. There is no need for a special court but we could argue about whether such a need exists to deal with paramilitary crimes. The real danger is how the Garda uses the Offences against the State Act as gardaí may not have any powers of arrest at all but use the Act because it is convenient. The legal practitioners will not challenge the Garda because the idea is if people come before the courts charged under the Offences against the State Act, such persons are guilty anyway. Why should they receive a justice process to which everybody else is entitled? The way this use and abuse occurs is what is wrong with the justice system. It is used and abused to serve the convenience of the Garda and ensure gardaí can do whatever they want. As long as this position persists, we will undermine the justice system across the country.

As Deputies O'Sullivan and Wallace have asked, where is the justification for these powers? I do not see it. We should have a more constructive and lengthy debate on what the Garda is doing. Almost every country in Europe has bigger problems with crime and drug problems but they can deal with them. Why can we not do it? We have a convenience as people can be arrested without any evidence to be held for seven days. Everything is dealt with in a handy manner in the courts. We should oppose this motion and have a more constructive and lengthy debate on the operation of these types of courts.

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