Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Deputies for speaking on and giving appropriate consideration to these motions, but particularly those who have indicated support.

I want to refer again to the question of the Special Criminal Court as it touches on both motions and has been raised by a number of Deputies. Indeed, it raises objections on an annual basis. There are those in this House who have argued that the Special Criminal Court is no longer needed, that its use is unjustified or even that in circumstances it has been partisan. I have to say that I respectfully and firmly disagree.

I reiterate my belief that juries should be used as much as possible. The Constitution guarantees individuals the right to trial by jury for serious offences. However, we are dealing with an unfortunate reality that there are many offences which cannot be properly adjudicated on by a jury because of the threat posed to the State and individual jurors and witnesses. The Special Criminal Court continues to be a necessary response to the threats faced by the State.

I was interested in the points raised by Deputy Sherlock. It is not the role of the Minister for Justice and Equality to form the minds of Members of the Oireachtas. The reason we are debating here is because I see myself as having a duty to inform the Members of the facts but it is reasonable to assume that Members will engage in their own research, consideration and knowledge, the sum total of which will form the views of Members, including the views of Members as to the operation of normal courts and the capacity to administer justice in circumstances.

The reason we are dealing with these motions is to allow for the supremacy of the Legislature, which is as it should be. I do not dictate, I present the facts and the information and Members can make up their minds - that is the essence of debate.

I have said previously, and repeat it for the record, that the judges of the Special Criminal Court have performed courageous public service in presiding without fear or favour over the prosecution of some of the most dangerous terrorists and ruthless criminals in the State. The court has proved its value over the years and continues to do so. These are the facts.

The right to a jury is an extremely important aspect of our criminal justice system but the reality continues to be that there are times and cases in which the only way justice can be served is through the Special Criminal Court. I say to Deputy Mattie McGrath, who has just left the Chamber, these are not emergency laws, they are complementary laws. They are complementary to the general body of criminal law we have here. Over the course of the history of the State, especially during the Troubles on this island, these laws served to protect and safeguard the State from determined efforts to undermine it and its democratic institutions.

Is there anyone in this House who denies that a democratic state is entitled to and must take the measures it considers necessary to protect itself, its institutions, its people and fundamental rights and freedoms and to allow civil society to flourish? I make no apology for defending our laws and the measures we have in place to combat serious crime and terrorism – the people require us to do what we reasonably can to protect them. That is our duty.

Is there anyone in this House who denies that a democratic state is entitled to and must take the measures it considers necessary to protect itself, to protect fundamental rights and freedoms and to allow civil society to flourish?

I make no apology for defending our laws and the measures we have in place to combat serious crime and terrorism – the people require us to do what we reasonably can to protect them. That is our duty.

There has been much consideration of Garda resources during this debate. Members have said they would like further and more comprehensive debate on the criminal justice system. I do not have a difficulty with that. I come in here and answer questions, I go to the committee on a regular basis, I attend the House for Topical Issue debates and for other plenary debates. We had a comprehensive debate on the commission on the future of policing document when it was published last autumn and when its implementation was launched in December. I would be happy to give the House a progress report: I am in the hands of the Business Committee to have any type of debate on the criminal justice system, Garda reform or Garda resources that it or Deputies deem appropriate.

The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. This represents an increase of over 6% over the initial allocation for 2018. Garda ICT was mentioned. It has had a multi-million investment. Deputy Mattie McGrath mentioned the Garda fleet. Some 300 new vehicles are coming on stream this year. Reaching a strength of 15,000 will require continued recruitment on a phased basis over the next three years. This Government is absolutely committed to reaching this goal.

I am again grateful to the Deputies for their positive consideration of this motion and I commend both motions to the House.

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