Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I am grateful to the House for its consideration of these motions and thank all Deputies for their contributions, especially those who support the motions. The very real threat to our society that comes from dissident republican paramilitary groups and the brutality of ruthless crime gangs needs an effective and particular response from the criminal justice system. As I mentioned before, these threats are now very interconnected. As legislators we have a duty to support the Garda and the justice system in tackling these threats and also to ensure there is a level of trust between ourselves, members of the public and An Garda Síochána. That is what so much of this is based upon. The Offences against the State Acts have stood the test of time for 80 years. It is important we take the time to consider carefully how best to proceed on foot of the work of the review group. It is imperative we do not do anything to undermine the efforts of the authorities with responsibility for countering paramilitary and criminal groups and protecting communities. Community safety must be at the centre of what we do at all times.

To many Deputies' points, I too believe in jury trials and that they are the cornerstone of our legal system. However, I ask the question I asked last week, namely, would any Member of this House wish themselves or a family member to be asked to be a juror in many of the trials at the Special Criminal Court. I can guess what the answer would be for most in this House. I believe in jury trials, but I believe in keeping people safe and it is important this legislation is here to do that. It is our primary counterterrorism legislation and to move quickly without assessing everything in both these reports would be wrong. To assist with this, I have, as I have said, asked my officials to consult other Departments, the Garda Commissioner, the DPP, the Courts Service and the IHREC. I also intend to take two initiatives before we reach a conclusion on the reports. On juries first of all, I will be working with my officials to identify any measures - looking at what has been recommended previously or anything more short of non-jury trials - that might in certain cases mitigate the risk of intimidation or other types of interference.

I intend, having regard to the concern of the majority and the minority - I believe it is reflected in this House - and having regard to the limited data available on the operation of the Special Criminal Court to the extent of jury and witness intimidation, to engage with An Garda Síochána, with the Office of the Director of Public Prosecutions and with the Courts Service to identify what movements could be made in the collection and publication of data relating to these matters, to support independent scrutiny and to promote public confidence. This is something that is happening across the Courts Service as well. We do not have enough data and we do not have a lot of data. This is why we are modernising our structures. This needs to apply here also.

Regardless of this important work, I repeat again that the threat from terrorist activity remains real. It is persistent. Serious organised crime continues to present a significant challenge. It is absolutely crucial that we have the capacity to be able to deal with it and to respond to it effectively. This is our single most primary counterterrorism legislation. It is important that it is protected and that we do not rush or move to change, redact or impact it in a way that might negatively impact the positive work that has happened because of it over the last number of years. Again, the renewal of these provisions clearly demonstrates that we do not accept the activities of terrorist and organised crime groups and that we are determined to support An Garda Síochána and the criminal justice system in defeating them.

Colleagues asked about their role. Without the shadow of a doubt there will be a role for both Houses in deciding how we move forward. It is important that steps are taken, as I have said, to look at elements of this report in great detail, and whatever recommendations are then made, there would be a role for everybody in this House and moving forward.

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