Michael McDowell (Dublin South East, Progressive Democrats)

In its review, the majority of the Hederman committee stated the threat posed by paramilitaries or organised crime is sufficient to justify the retention of the Special Criminal Court. There is no advantage for me in organising a second Special Criminal Court. The Supreme Court stated in respect of people charged with serious offences that the fact they are likely to commit further serious offences while on bail does not constitute a ground for denying them bail if they are facing a lengthy period of incarceration prior to their trial. I must deal with that situation.

I fully agree with the Deputy that it seems strange as we move towards comparative improvement in security that trials seem to take longer and the backlog seems to get greater. That seems egregious, but I cannot direct the courts on how they carry out their functions. I cannot tell judges to hurry up and speed up cases. I do not have that function with regard to the criminal justice process. We have an independent Judiciary. All I can do is provide the country with a system which guarantees an early trial for those facing trials in such circumstances.

The Deputy asked me to specify the charges in respect of people whose trials are pending in the Special Criminal Court. I am not in a position to do that. However, the Director of Public Prosecutions conscientiously opts for jury trial whenever he considers that appropriate. I have confidence both in the courts and in the Director of Public Prosecutions not to abuse the Special Criminal Court to deprive somebody of the right to jury trial. The grounds on which a person is tried in the Special Criminal Court are well known.

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