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

On Deputy Jim O’Callaghan’s point about those of us opposed to the motions before the House, we do not stand alone in our opposition. The United Nations Human Rights Committee has also expressed its opposition to the ongoing use of the Special Criminal Court, outlining many reasons why it considers it is unnecessary, as well as many other civil liberties groups outside of the Chamber.

It must be made clear that those responsible for the recent killings in the ongoing feud in Dublin or anyone involved in organised criminality must be brought to justice and face the courts. If they are found guilty, then they must face the sentences handed down to them. Both the Minister and Deputy Jim O’Callaghan spoke about improved and increased resources to An Garda Síochána to help combat organised crime. It should be noted, however, that in recent years it was the Fianna Fáil Party which actually closed Templemore College and stopped recruitment of members to the force, a measure continued by the previous Government. While we welcome the recent announcements of increased investment in tackling crime, it has to go beyond investing in armed response units. If one wants long-term solutions to deal with organised criminality, we need to prevent our young people from going down that path in life. We need to invest in programmes with a proven track record of working, such as the youth and juvenile diversion programmes. These are areas where we need increased investment.

I know all too well the scourge of drugs in communities, as I come from one which, for many years, has had a drug problem like many others. One common element in all of these communities is that the legislation we are being asked to extend tonight for a further 12 months does not have the effect of ending criminality in our communities. It has not worked, although it has been in existence for the past 20 years. We must look at international best practice and what actually does work. As I have said previously, what does work is increased investment at grassroots level in programmes which divert young people from straying down the path of criminality. This legislation has failed and will continue to fail in this regard.

On the point about jury intimidation, several years ago, the Keane murder case in Limerick had to be abandoned because the authorities could not get people to serve on the jury. Rather than having the trial in a non-jury court, it was transferred to Dublin, where a jury was sworn in and those individuals who are involved in the murder in question were convicted. It has been proved that juries can convict people involved in the highest levels of criminality.

In regard to witness intimidation, there are many models used in other countries throughout the world to protect witnesses. The system we have in place to protect witnesses is not adequate and we need to improve it.

We are certainly opposed to criminality, and we will support any measures which we feel will work towards ending criminality. However, in our opinion, the motions we are being asked to extend today will not do that. As I said at the outset, we are not alone in our opinion, given that the UN Human Rights Committee, Amnesty International and many other groups have stated this issue needs to be dealt with by this State. There are also obligations under the Good Friday Agreement to address the issue of the Special Criminal Court. As a co-guarantor of that Agreement, we cannot allow the Minister to forget that.

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