Michael McDowell (Dublin South East, Progressive Democrats)

Last December, I sought and received Government approval to establish an additional Special Criminal Court with seven members. My reasons for seeking the establishment of a second court are twofold. First, dissident republican groups continue to pose a serious, active threat to the State. I am determined to ensure that persons intent on challenging the legitimacy and authority of the State and charged in relation to criminal offences are brought swiftly to justice. In this context, the speedy resolution of trials before the Special Criminal Court will serve to demonstrate the State's resolve to deal seriously with any activity which is a threat to the State. I am also mindful of the need to avoid any difficulty or challenge arising on the basis that a person has been held on remand for a lengthy period pending trial.

There are five cases before the Special Criminal Court, dates have been assigned in respect of four cases and a date has yet to be assigned in respect of the fifth in which the book of evidence has yet to be served. The earliest date available for a new trial in the Special Criminal Court is October 2005. However, cases coming before the Special Criminal Court can be complex and lengthy and, with only one court available, even one or two extra cases can greatly increase delay.

The Supreme Court, in the case of Colm Maguire and the Director of Public Prosecutions, in a judgment handed down on 30 July 2004, confirmed that on an application for bail, the question of when a trial would take place is an admissible and important consideration and stated that a long-deferred trial might lead to bail being granted where it would otherwise be refused. The law was changed to allow evidence to be adduced against granting bail on the basis that the accused would be likely to avail of liberty to commit further serious offences. The gravamen decision of the Supreme Court was that the particular ground for objecting to bail had to be put to one side if the State was going to incarcerate people for lengthy periods prior to trial owing to the absence of a venue in which to try them. In those circumstances, I was left with a situation whereby people were effectively caught red-handed committing serious offences such as assembling bombs, operating training camps and preparing for major acts of terrorism on this island. The fact they were caught red-handed and appeared to be members of an unlawful organisation could not result in their being kept in custody pending their trial, despite the probability that their release would enable them to commit further serious offences that their organisation was dedicated to carrying out.

See this speech in context