Thomas Pringle (Donegal, Independent) | Oireachtas source

I thank the Leas-Cheann Comhairle for the opportunity to speak on the Bill. I welcome that the Government took on board my recommendation to ensure this Bill is a stand-alone Bill that addresses one important issue, rather than a Bill that lumps a lot of mostly unrelated issues into one piece of legislation, which the Government has been inclined to do lately with justice Bills. I am surprised that the need for this legislation to amend the Criminal Justice Act 1990 to ensure that mandatory life sentences for murder cannot be imposed on children who have turned 18 years old before sentencing was not foreseen and that the legislation had to be drafted following a recent High Court judgment, but that is the case. There is no doubt that the law, as it currently stands, is unjust. It is not fair that two people the same age when committing a crime would be treated differently if one aged out before their sentencing. Sentencing decisions should be based on the age of the person when they committed the crime and not the age they have become by the time they get to court. This legislation rectifies that. Most legal professionals have supported this view. The High Court found that this differing treatment of child offenders was a breach of Article 40.1 of the Constitution, which requires all citizens to be held equal before the law.

I agree that child offenders should not face trial as adults but I also believe they should not be tried before the Special Criminal Court, child or not, as is the case with the two teenagers charged with the murder in Blanchardstown on Christmas Eve last year. Its existence violates the constitutional requirement for all citizens to be held equal before the law. I have consistently condemned the continued operation of the Special Criminal Court. It completely undermines our justice system and suggests that our ordinary courts are inadequate There is no justification for the existence of the Special Criminal Court, a court which violates people’s right to a fair trial. The Irish Human Rights and Equality Commission and the Irish Council for Civil Liberties have on many occasions called for the abolition of the Special Criminal Court due to the significant human rights and equality concerns associated with it and the Offences Against the State Act.

I again point out that the independent review group’s report on the Offences Against the State Acts, published by the Minister for Justice last June, was unanimous in recommending repeal of the Offences Against the State Acts. The Minister has refused to act on this. Both the majority and minority reports agreed that this legislation should not be renewed and should be repealed. Yet, 15 months have passed and it is clear that the Minister has no intention to do so. It is quite the opposite - just three months ago, the Government again passed legislation to allow for its continuation. Today’s legislation just proves that the Government can bring forward legislation very quickly when it wants to; the High Court decision this legislation is based on was made just three weeks ago. The Government sits on its hands, however, in respect of other important legislation and uses every excuse under the sun to avoid progressing it. The Minister should at the very least allow for another independent review of the Special Criminal Court and the Offences Against the State Acts. I have stated this previously but it is clear that the independent review group faced a significant data deficit when conducting its research last year as there was a lack of adequate empirical evidence or sufficiently extensive comparative analysis. This is completely unacceptable and calls into question the findings of the independent review group as it is clear that it was not given the necessary and relevant information required to make the appropriate recommendations. I again voice my support for this legislation but I also call for another independent review that allows the review group the necessary data and again call for the abolition of the Special Criminal Court.

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