Dáil debates
Tuesday, 27 June 2023
Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions
6:55 pm
Michael Collins (Cork South West, Independent) | Oireachtas source
We support the motion before us, as we have done on each previous occasion it has been before us. On the whole, the Special Criminal Court has been an effective tool against subversive elements and, in recent years, against organised criminal gangs. For this reason, it is worth retaining. However, the case for its retention is far from unanswerable. We need to be clear that the ultimate aim of the Oireachtas is for there to be a time where the shutters can be brought down on the Special Criminal Court. To believe it should exist permanently would be to admit that jury courts are incapable of operating effectively, and that would be completely wrong.
There is a lot of hypocrisy and posturing around the issue. I do not for one moment accept the position of the Sinn Féin Party on the existence of the Special Criminal Court, even if it appears to have moderated that position in recent years. Equally, we do not buy into the absolute position of many in the Fianna Fáil and Fine Gael parties. For example, many will acknowledge there are many within Fine Gael who have a more absolute position in favour of the Special Criminal Court and who seem to view its existence as some kind of an essential for a society that values law and order, as if the court has a thin blue line standing between ourselves and chaos and disorder. In their eyes, any criticism of the court's existence is seen as being somehow soft on criminal gangs and subversive organisations, which is simply not the case. There are many legitimate criticisms to be made of the existence of the Special Criminal Court. The right to trial by jury of one's peers has existed since Greek and Roman times and it should not be lightly cast aside without acknowledging just how serious a step that would always be.
We should not pretend the Special Criminal Court is somehow an ideal forum that produces the right results every time and is free of external influences and interference. We are talking about justice. I think of my parish, where there is a lady dead since 1996 and there has been no justice seen. I refer to Sophie Toscan du Plantier. A murderer walks free. The Garda is talking about a review and the case goes on and on. I plead with the Minister to intervene with the Garda to speed up the results of the review of the case that is going on and, I hope, bring someone to justice for this horrendous crime. Her family have suffered so much since 1996. How can anyone think any family could go without finding justice in this country for the murder of a woman who was a mother, a wife to a person who has passed away and a daughter? This needs to be expedited as quickly as possible.
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