Cathal Berry (Kildare South, Independent) | Oireachtas source

I very much welcome the opportunity to make some brief comments and contribute to this very important debate. I will say at the outset that I am very much in favour of renewing these two really important Acts for another 12 months, namely, the Offences against the State Act 1998 and the Criminal Justice (Amendment) Act 2009. I do so for the following reasons.

First, they are the very best defence we have against organised crime, serious international drug dealing and terrorism. I do not refer just to domestic terrorism, but to international terrorism as well. It is important that the punishments that are handed down by this court are very severe and that they are appropriate because justice must be seen to be done. I do not want to focus just on the punishment aspect because the deterrent factor and component are equally, if not even more, important.

The Special Criminal Court is the only real court in Ireland that hardened criminals respect and fear in equal measure and it must continue for obvious reasons. I agree with the Minister that it is necessary, proportionate and required. It is essential that the gardaí are able to investigate, dismantle and disrupt these organised networks that have done so much damage to this country through years and continue to do so.

I am glad the Minister mentioned the viable improvised explosive device that was recently found in County Louth because it is true they have not gone away. Members of An Garda Síochána who are on the beat every day of the week must have the appropriate legislative backing from this House to can carry out their functions.

I want to mention safeguards. I am satisfied that there are at least some safeguards in place in this legislation, such as the fact it is renewed in this House every year. I do not think it is a matter of rubber stamping in any shape or form. That is very disrespectful to the Members of the Dáil, who are well capable of making up their own minds having read the legislation. Having safeguards from a legislative point of view is very important as is the fact the DPP can direct that certain cases to be heard in normal courts rather than non-jury courts if it finds it appropriate.

Perhaps the greatest reason I support this legislation is because it is recommended by An Garda Síochána and the Commissioner himself. They are the professionals. They are the people on the ground. They know exactly what they are dealing with it. If they see a good reason for it, that is a very important factor we should bear in mind.

I want to finish on the point of the independent review, which I very much welcome. I welcome all the work that was done by all the people who produced it. The key finding for me is the recognition of an ongoing need for non-jury courts in very limited and appropriate circumstances, as well as the fact that this is done in accordance with the Constitution. That is a very important takeaway. I also agree with the Minister that this is a very important report and that the Government should have a substantive response in due course, and we should not rush this. I am not sure if the Minister mentioned this in her opening remarks, but does she have any idea about when that substantive response will be? It will probably not be anytime soon. Perhaps she might address that in her closing remarks. That is all I want to say.

I am in favour of renewing these two vitally important Acts and I very much look forward to the Government’s substantive response to the independent review group.

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