Jim O'Keeffe (Cork South West, Fine Gael)

There are some basic principles that must be considered in examining these amendments. First, in an ideal society, the normal rule of law should apply, namely, the process of trial by jury. This should be our objective. Unfortunately, however, we do not live in an ideal society but must contend with subversive elements and those who do not accept the rule of law within the State. In this situation, we must be prepared to ensure that the necessary measures are taken to accord with another basic principle, which is the safety of the public. This involves the establishment and continuation of the Special Criminal Courts.

So long as subversive elements threaten our society, I accept the need for such courts. I aim towards the situation where they will no longer be necessary and where normal jury trials will take place in all cases. However, such an eventuality is dependent on the ending of subversive activity within the State and the acceptance of the rule of law by all political and other organisations.

The second major principle to be considered is the fundamental provision that justice delayed is justice denied. If we must have Special Criminal Courts, there is an obligation on the State to ensure that those who are brought before such courts are dealt with as speedily, fairly and efficiently as possible. This necessitates the provision of trials within a reasonable time. If one Special Criminal Court is found inadequate to deal with cases in reasonable time, another must be established. If that is done, it must be properly underpinned in legislation. I support this amendment that underpins the principles I have outlined. However, I long for the day when there will be no need for Special Criminal Courts. In the meantime, however, we must ensure they operate fairly, efficiently and without undue delay.

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