Clare Daly (Dublin North, Socialist Party)

We all agree that criminal gangs engaged in murder, smuggling, supplying drugs, kidnapping and so on need to be tackled. The Minister has told the House that this curtailment of civil liberties is necessary to achieve that aim, but the first question to be asked is whether that is the case. The legislation has been in place for a number of years, yet it has not impacted on the reality of organised crime positively. Deputies have referred to the serious erosion of civil liberties and rights. In our experience, this and other oppressive legislation introduced under the headline of dealing with subversion and so on has been misused to target ordinary people, protestors, students and Shell to Sea campaigners. I have been on the receiving end of the Criminal Justice (Public Order) Act a few times.

As Deputy Halligan stated, what is at issue is the trial of offences in non-jury courts allegedly to overcome jury intimidation. A departure from the jury system is never justified. It is serious that we allow a weaker standard of evidence to be accepted in cases where the outcome for someone could be 15 years or life in prison. Section 72 is particularly concerning. It contains a broad clause, whereby a Garda superintendent or a garda deemed to have an appropriate level of expertise swears that he or she believes someone is guilty of participating in or contributing to the activities of a criminal organisation which is enough to see that person receive a sentence of 15 years. In the light of the serious miscarriages of justice that have occurred in the State and elsewhere, this provision is a retrograde step.

If the issue really is one of jury intimidation, other measures could be put in place. For example, investment in communities cutting across the scourge of drugs is the way to deal with organised crime, not suppressing liberties.

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