Michael McNamara (Clare, Independent) | Oireachtas source

It is an extraordinary proposition in law that we are going to legislate to the effect that the Minister can make such a decision. Someone from the American Embassy could call, for example. Is there anyone here wearing a trench coat who I might offend? Perhaps someone from the Russian Embassy, if we are friends again, or the Chinese Embassy might call. Let us be honest that this is really about China. Such a person can visit. The Minister can take information he or she is given into account and give that information to the court to justify a decision but that information is unavailable for the other side to test. If that is the case, it flies in the face of how justice is carried out. Audi alteram partemshould apply. This does not only have civil consequences. A failure to adhere to this notice has criminal consequences. If I am accused of something, I have the right to test the information that supports the accusation. The Minister of State is saying that information given to the High Court will not be provided to the other party to the appeal. If we are seeking to subvert the interference of nefarious states in communications in this State, the way to do it is not to adopt facets of their criminal justice systems. I will use a word that is bandied about but it is positively Kafkaesque that a Minister will give information to a High Court judge to justify a decision but the other side will be unable to test that information, call it a complete load of codswallop and explain why that is the case. The other side will never even see that information. A High Court judge is supposed to act independently of a Minister. We have separation of powers in this State, which has been pretty well respected since the its foundation. A judge is supposed to look at the information but cannot hear the opinion of the other side. In fact, a judge cannot even tell the other side that he or she has the information. The other side cannot even test the Minister's opinion and assertion that the relevant information goes to matters of security. It is an extraordinary proposition that the Minister of State is suggesting this committee should legislate for such a position. The introduction of such a measure in law would have ramifications far beyond the remit of this Bill.

There is a high-profile trial going on at the moment. It was determined appropriate to be heard in the Special Criminal Court. People alleged to be a part of international terrorist networks and who pose a threat to this State have been tried in the past. People are, by and large, entitled to test information against them. As a result of this Bill, nothing is put to a judge to justify the Minister's decision. It is not put to the other side in such a case.