Alan Shatter (Dublin South, Fine Gael)

In regard to Deputy McGrath's contribution, I agree it is very important we have robust laws that facilitate ensuring that those engaged in organised crime are brought to justice and, indeed, that trials can take place that are free and fair. As I pointed out, although the powers exist under this section to provide for trials in the Special Criminal Court, the Director of Public Prosecutions can make decisions that do not result in such trials coming before the Special Criminal Court but ensure they are ordinary jury trials.

I am afraid Deputy O'Brien is wrong in one respect. It is important we have the witness protection programme and we are doing what we can to ensure it is adequately resourced. Indeed, it has been used very effectively in recent times to provide protection, where necessary. However, a witness protection programme does not give solace to juries. People do not want to serve on juries or feel there is a need for a jury protection programme whereby, if they sit on a jury, they may end up having to take themselves and their family out of this country to be relocated somewhere else for fear of intimidation or threats which may result in the death of a member of their family, as happened to the Collins family as a result of evidence given in a particular trial. We do not need to and should never put jurors in that position. If organised gangs or individuals are prepared to intimidate jurors and if it is not possible to have a trial that is open and free, where jurors can, with an open mind, listen to evidence and make decisions, we need the fallback position of enabling the Special Criminal Court to hear appropriate cases. This is very important. It is the structure we need to keep in place. For those reasons, I commend the motion to the House.

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