Jonathan O'Brien (Cork North Central, Sinn Fein)

Before I comment on the motion, I refer to the Minister's closing remarks on the previous motion which show a complete lack of understanding and ignorance of the situation that prevailed in the North during the past 30 years. Some of the Minister's comments in regard to "slow learners" and people only embracing the peace process because they were tired of violence are way off the mark. He knows this himself. Those types of comments do not do any justice to those individuals and organisations that took brave and courageous decisions to show leadership in trying to bring about a situation on the island of Ireland where conflict can be resolved through solely democratic and peaceful means. Even by referring to Derry as Londonderry in his speech, the Minister shows the type of mindset he has, as an individual. It is very disappointing. I have never clashed with the Minister on any issues in this House but that closing rant was not fitting for a Minister for Justice and Equality, especially when I consider that the Minister in question has responsibility, under the terms of strand three of the Good Friday Agreement, to bring about the full implementation of that Agreement.

One of the outstanding issues is the normalisation of policing and justice systems on the island of Ireland. I have stated in this House that we must all work together to ensure that those groups which are still engaged in a certain type of activity will be convinced their actions will not not achieve the goals they think they will achieve and that the only way forward on this island is through peaceful and democratic methods. We will work continually to encourage those groups to embrace that belief. However, the Minister's closing remarks on that point were completely overboard and I believed I should say as much to him.

On the motion before the House, some of those who are involved in organised criminal activity have absolutely no regard for law and order or the rights of citizens. Everything must be done to ensure people are given due process when they are brought before the courts. Everyone has the right to be tried by a jury of their peers. We have a responsibility to ensure those who serve on juries can do so in a safe manner, free from intimidation. We will support measures that will allow that. The budget for witness protection, for instance, was decreased a number of years ago. We welcomed the increase of 33% in the witness protection budget in this year's budget. Such measures will ensure we can bring people to court for a fair trial where they can be judged by a jury of their peers. Such measures will prove more effective in the long run than the repressive measures - there is no other way of describing them - contained in the proposal before the House.

It is a sad reflection on any government or state when it has to admit that the ordinary courts are not adequate to deal with individuals who are involved in organised criminal activity. In such circumstances, the state in question has failed to deal with issues like jury intimidation and witness protection. If we are serious about dealing with organised criminal gangs, we need to put resources in place. For instance, we should not be closing rural Garda stations. The Minister will say that is just one aspect of the matter. If we are to be serious, we should ensure financial resources are invested in front-line manpower. If the recruitment embargo has to be lifted to deal with organised criminal gangs, that should be done. I am sure those who are involved in organised criminal activity see the introduction of legislation to ensure they are tried before the Special Criminal Court as an admission of the State's failure to provide protections and safeguards to those who serve on juries. It is the wrong way to go. We will oppose this proposal for that reason. That is not flippantly to disregard the activities of these criminal gangs. We understand they cause misery and hardship and have no regard for law and order. If we examine best international practice, we will see that other countries have found more effective ways of dealing with organised criminal gangs that do not involve institutions like the Special Criminal Court.

See this speech in context