Alan Shatter (Dublin South, Fine Gael)

The Government is very well aware of its obligations under the UN instruments to which it is a party and which have as their core the protection of fundamental human rights. Those rights are also guaranteed by Bunreacht na hÉireann. Nevertheless the Constitution recognises there are circumstances in which the functioning of the justice system may be undermined unless strong measures are taken to prevent this. Accordingly, the Constitution makes provision for special courts to be established by law in cases where it is determined that the ordinary courts are inadequate to secure the effective administration of justice or the preservation of public peace and order.

The Deputy is well aware the Offences against the State Act 1939 provides for the Special Criminal Court to try certain offences. However, the justice system may be undermined not only by terrorist groups but also by organised criminal groups such as those to which reference was made earlier. The 1939 Act permits the Director of Public Prosecutions to direct that certain cases be sent for trial in the Special Criminal Court. The Criminal Justice (Amendment) Act 2009 has put in place legislative measures to combat organised crime when the effective administration of justice could not otherwise be achieved. Among the measures are those contained in section 8, which provide that certain organised crime offences under Part 7 of the Criminal Justice Act 2006, as amended, are deemed to be scheduled offences under the 1939 Act. In effect, this means the offences in question shall be tried in the Special Criminal Court unless the DPP directs that a person not be send forward for trial by that court.

The Government considers there remains a substantial threat from terrorist activity, in particular from so-called dissident paramilitary groups. In addition, as we have seen from the events of last week, with the murder of four men, organised criminal gangs have a contemptuous disregard for the rule of law and are prepared to take any measures to subvert it. It is against such a background that the provisions of the legislation are maintained. Although it is so far the case that no cases under section 8 have fallen to be tried in the Special Criminal Court, that does not invalidate the reasoning for having such a provision on the Statute Book.

The Deputy also asked about the response to the recent Supreme Court judgment concerning section 29(1) of the Act. I intend to bring proposals to Cabinet shortly to provide for a search power which is in conformity with the decision of the court. Pending that legislation, the Garda Síochána can avail of other statutory powers which allow applications for search warrants to be made to District Court judges in the first instance. My Department is making arrangements to brief the Opposition spokespersons on my proposals in this regard. This is expected to take place tomorrow.

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