Seán Sherlock (Cork East, Labour)

The Minister indicated that the amended definitions are merely a simpler formulation but that they will nonetheless make it easier to charge persons with the offences in question. The Bill does not substantially change the definition of what constitutes a criminal organisation which is contained in the 2006 Act. If it was never deemed practicable to bring the 2006 definition into play and if no convictions were secured on the basis of it, we must ask whether convictions can be secured on the basis of that which is contained in the legislation before the House.

Is there a requirement that sufficient evidence to be provided to allow a judge, of the Special Criminal Court or any other court, to decide to convict someone on the basis of his or her membership of an organisation? This is particularly relevant in view of the fact that the provision in the 2006 Act has not been implemented. Further consideration must be given to this matter. I am of the view that section 3 is not practical. It is so vague that if one were a criminal lawyer of some standing, one could pick holes in it.

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