Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

The Criminal Justice (Amendment) Act is wide open to abuse. It has a corrosive effect on human rights, citizens' rights in particular. As I stated previously, the right to a fair trial is guaranteed under Article 38 of the Constitution and Article 6 of the European Convention on Human Rights. There is a growing consensus that the Special Criminal Court should be done away with. The Irish Council for Civil Liberties and the United Nations Human Rights Committee have both expressed their concern at its continuing existence. As regards the renewal of section 8 of the Criminal Justice (Amendment) Act, it is intended to allow the trial of serious criminals by the unnecessary Special Criminal Court.

I am, to some degree, surprised that the Government is not even a little embarrassed in bringing forward this legislation, particularly given the report published. It states, "While a number of arrests were made under sections 71(a), 72 and 73, no cases have been sent for trial by the Special Criminal Court”. For the second year in a row the provision has been proved to have been of no use whatsoever, yet the Government insists on retaining it as an article of faith. In addition to being blind to the dangers of non-jury trials, it is clear that it is utterly immune to reason or evidence. It is clear that the powers and provisions on the criminal law books are more than sufficient for the purposes the Government suggests. This Act is being retained, despite the poor rate of convictions, merely for trawling and information gathering. This is an abuse of emergency powers ill-fitting a modern democracy.

The Leader of the House had the audacity to call us in Sinn Féin mealy-mouthed. His defence following months of cuts to Garda and support services is mealy-mouthed. That is the real issue.