Michael McDowell (Dublin South East, Progressive Democrats)

I welcome Deputy Jim O'Keeffe's support. Like him, I know that all lawyers share the view that the sooner we return to jury trial in all our cases, the better. It is an important constitutional right but one which the framers of the 1937 Constitution felt could be compromised if, due to the activities of others, the ordinary courts became inadequate for the proper discharge of criminal justice. It is not an unconstitutional or extra-constitutional power to look to what happens when a subversive and paramilitary threat appears which justifies the establishment of a Special Criminal Court.

Deputy Costello inquired if this is as a result of the backlog of cases and the placing of non-terrorist or subversive type of offences before the Special Criminal Court. All cases in the backlog are considered subversive type offences involving membership of illegal organisations, firearms and the like.

See this speech in context