Michael McNamara (Clare, Independent) | Oireachtas source

I do not necessarily have a problem with the fact that there is a Special Criminal Court. It is provided for in our Constitution so there is nothing that I could do if I had a problem with it. It is not unusual across the world to have a special criminal court or for certain offences to be tried by a non-jury court. What I have a problem with, as has been repeatedly criticised by various forums nationally and internationally, is the fact that a non-scheduled offence can be certified for trial in the Special Criminal Court and that effectively cannot be challenged. That has been criticised by many human rights bodies. The Human Rights Committee has criticised it. A review into it was commissioned by former Attorney General and former member of the Supreme Court, Mr. Justice Hederman, hardly a dangerous revolutionary. They rarely hold such positions. He found that this particular provision was offensive and recommended that it be changed. It was not changed and we are here now for the annual rubber-stamping of the Special Criminal Court and the Offences against the State (Amendment) Act.

This time last year, we were told that another review would be commissioned. In Ireland, if people commission an independent review and do not like what it comes up with, they just commission another independent review. Six months after we were told by the then Minister for Justice and Equality, Deputy Flanagan, that work on the review was ongoing, I asked a parliamentary question of the Minister for Justice, Deputy McEntee. The week I asked the question, it was announced who was going to be involved in this review. I am glad that they are working but I question the delay in putting this review together. I also question why we need a review. There was a review before and a clear report about it. International bodies criticised it. I have a problem with the idea that a non-scheduled offence can be certified for trial in the Special Criminal Court and that cannot be challenged before the courts.

I do not have a problem with certifying a trial. The Garda or the DPP might take the view that the trial of a certain person or the trial of somebody for a certain offence might not be capable of being dealt with by the ordinary courts because of the possibility that justice might be subverted. However, I have a problem with the fact that it cannot be challenged before the courts.

During this year, Lisa Smith, a former member of the Defence Forces was charged with membership of a terrorist organisation, a matter which will be determined by the courts in the ordinary course. However, it was certified for trial in the Special Criminal Court. The idea that ISIS could subvert a trial in the ordinary courts in Ireland is as absurd as the idea that the Monaghan caliphate will be declared at midnight tonight. It beggars belief. The fact that that cannot be challenged before the courts brings the whole process into disrepute. Even at this last minute I urge the Minister to not make a farce of the law in this way because these are serious offences, as Deputy Fitzpatrick said. We are not talking about shoplifting - I am not saying that shoplifting is not a serious matter - but we are talking about very serious offences involving the possibility of the loss of lives. That is all the more reason that justice should be done properly, transparently and openly, and that decisions that a certain type of case be tried before the Special Criminal Court should be reviewable by the courts in accordance with law, as almost every other administrative decision of administrative officers or indeed of Departments is reviewable by the courts. International bodies and, as Deputy Catherine Murphy mentioned, various domestic actors have also called for this to be done.

I hope the Minister will give an assurance that there will not be another year where we are called upon to just blithely rubber-stamp this. Even if she were to give that assurance, based on what her predecessor said last year, I would be slightly sceptical because I expect if this Dáil is in place this time next year, this Dáil will be back being asked to rubber-stamp the existence of the Special Criminal Court and the procedures in place which have been resoundingly criticised nationally and internationally.

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