Mick Wallace (Wexford, Independent) | Oireachtas source

We are discussing the annual ritual whereby the Government of the day renews archaic and, some would claim, illegal legislation for a further 12 months, irrespective of whether any of the legislation has even been used. No cases have yet come before the Special Criminal Court in accordance with section 8 of the Criminal Justice (Amendment) Act 2009. The mere existence and practices of the court have been repeatedly criticised by the Irish Council for Civil Liberties, Amnesty International and the United Nations Commission on Human Rights. Trial by jury is a human right, the reasoning behind this right being that a jury offers a check against the abuses of unfettered state power.

Earlier this year the High Court ruled to extend further the power of the State while simultaneously undermining citizens' rights as enshrined in the Constitution. Before the ruling, any evidence that was deemed to have been obtained illegally could not be admitted in a prosecution no matter how inadvertent the mistake or no matter how damning the evidence. The law that was struck down served to vindicate the rights of citizens under the Constitution and the law and protect them from any abuse of State power. This was certainly a retrograde step. Friedrich Nietzsche once said:

He who fights with monsters should be careful lest he thereby become a monster. And if thou gaze long into an abyss, the abyss will also gaze into thee.

The powers afforded by this legislation were for times of emergency in a very different Ireland. It is frightening that the State continues to extend these wide-ranging laws year on year with scant justification. They are laws more appropriate to the perversion of justice that characterises the affront to decency and humanity that is Guantanamo Bay.

The Minister has spoken about the need to protect the State from the threat of international terrorism, a threat whose existence, the Minister has previously admitted, is not supported by any evidence. I maintain that the greatest threat to Ireland from international terrorism comes exclusively from our continued support for the US war machine and our effective membership of the coalition of the willing, in the sense that we are allowing millions of US troops and weapons to pass through Shannon Airport on their way to destabilise the Middle East and beyond. An immediate cessation of that policy would be far more effective than the archaic State powers effected by this legislation.

Less than two weeks ago, the UN Committee on Economic, Social and Cultural Rights raised a long list of serious concerns with the Minister of State, Deputy Sherlock. Among more than 60 human rights concerns raised was a major concern that there is no domestic mechanism to hold the State accountable for violations of economic, social and cultural rights. It is concerning that Ireland will not incorporate economic, social and cultural rights in the Constitution. Why does this Government still refuse to make this progressive move? Would it have too many repercussions for regressive laws such as the one we are looking at now?

Without a shadow of a doubt there are many problems in the world, including a great deal of terrorism and violence. However, I believe most independent thinking people would admit that the majority of terrorism in the world today is caused by or starts with those in the US military. I do not think it is possible to contradict that any more. They have caused untold devastation. Let us consider the statistics on the amount of countries they have invaded and bombed. In 2014 alone, special American forces carried out military exercises in 133 countries, that is to say, over two thirds of the countries in the world. This is terrorism. It would be wonderful if our Government ever garnered the courage to decide that we should not allow Shannon to be used by these people.

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