Cathal Berry (Kildare South, Independent) | Oireachtas source

I am grateful for the opportunity to contribute to this important debate on the Offences against the State Act and the Criminal Justice Act. I also welcome that we have to renew these special powers at least every 12 months; it is a prudent and sensible way to do business.

We would all prefer if the Special Criminal Court did not exist and if there was no need for it. However, the court has served the State well since its establishment, particularly in the early years when everything hung in the balance. I note the findings of An Garda Síochána and its intelligence assessment of the threats posed by dissident republicans in the North as well as in this jurisdiction. I have taken on board its professional security assessment that the Special Criminal Court should continue for at least 12 months. I commend the Garda on the excellent it is doing. The work gardaí do in preparation for these cases goes unseen. I urge the Government to continue to provide the Garda with the resources it needs to deal with the work at hand.

We are always mindful that the Special Criminal Court hands down severe and significant sentences for crimes committed. We should not lose sight of the fact that it is a good deterrent. It is the only court in this country that serious criminals respect and fear. That is very important from the perspective of deterrence and we should not lose sight of that.

Some Deputies mentioned the concerns of the human rights community, both globally and domestically, in particular the Irish Council for Civil Liberties, the United Nations and Amnesty International. They are right to point to the imperfections in this court system. They are correct that it is not appropriate to have a non-jury trial with just three judges. That is not in the normal course of business for trying ordinary criminals. However, I note, as did Deputy Jim O'Callaghan, that the Constitution gives specific powers to this House to establish special courts where it deems necessary. Based on the security assessment of An Garda Síochána, I also deem it necessary under these circumstances.

I welcome the Minister's update on the ongoing review by Mr. Justice Peart, which is a good thing. We have been talking about this for the past 18 months so I welcome that he intends to submit the report in autumn of this year. I have two quick questions for the Minister. If she does not have the information to hand, we can follow up on the matter. Does the Minister expect to publish Mr. Justice Peart's report once it is submitted or will a number of months be required prior to publication? Will the report be published this side of Christmas or afterwards? Is the Minister aware of any other similar court in the European Union? Does any other European Union country have a special criminal court system? I appreciate that other European countries may not have the same indigenous terrorist threat but they face a greater international terrorist threat. It would be useful in this debate to know if another EU country has set a precedent in this regard.

In summary, I am happy to support the motion. I recognise the importance of maintaining these powers for at least another 12 months. I look forward to the publication of Mr. Justice Peart's report. Perhaps we will have a different discussion on the powers of the Special Criminal Court this time next year.

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