Fergus O'Dowd (Louth, Fine Gael)
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8. To ask the Tánaiste and Minister for Justice and Equality if he will provide an update on the status of the review of the Special Criminal Court and if he will make a statement on the matter. [25162/23]

Fergus O'Dowd (Louth, Fine Gael)
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Could the Minister provide an update on the status of the review of the Special Criminal Court, which I understand he received this week, after due consideration in his Department? In particular, when does he expect to place the report in the public domain and before the Oireachtas?

Simon Harris (Wicklow, Fine Gael)
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The Offences Against the State Acts constitute our primary counter-terrorism legislation, which has served the State well over many years in tackling the threat posed by subversives and organised crime gangs.

I can confirm that the independent group appointed to review the Offences Against the State Acts, including the Special Criminal Court, has completed its work and I met the chairperson, Mr. Justice Michael Peart, on Thursday, 18 May. I thank Mr. Justice Peart and all the members of the review group for their diligence and commitment over more than two years in conducting this important work.

From my discussion with the chairperson, I know the group approached its task with rigour, commissioning research and analysis and undertaking extensive consultations with State agencies, other experts in this jurisdiction and elsewhere, civil society and the wider public to inform its deliberations. It will obviously take some time to consider the views of the group on this most important of subjects and to develop a full response but in the short term, its outputs will first be brought to Government with a view to publication in June.

The Deputy will be aware that I received approval at Cabinet on Tuesday to move resolutions in both Houses to continue certain provisions of the Offences Against the State Acts and the Criminal Justice Acts. I am satisfied that there remains a real and persistent threat from terrorist activity, in particular from so-called "dissident" republican paramilitary groups based on clear and consistent advice to me from the Garda Commissioner, which warrants the continuance in force of the particular provisions of the Offences against the State (Amendment) Act 1998. Neither, of course, can we ignore the potential threat from international terrorism. No state can afford to be complacent in this regard. The provisions of the Acts constitute an essential part of this country's response to terrorism.

In respect of the Criminal Justice Act 2009, serious organised crime continues to present a significant challenge. While intensive Garda activity aimed at countering these gangs has had considerable successes, much work remains to be done. A provision in section 8 of the 2009 Act, which allows the Special Criminal Court to try certain and serious offences regarding organised crime in order to eliminate the possibility of jury intimidation, also continues to play an important role in the fight against serious and organised crime. It is my intention to publish the review in advance of asking this House and the Upper House to pass the resolution in June.

Fergus O'Dowd (Louth, Fine Gael)
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I welcome the Minister's response and concur entirely with his view that the Special Criminal Court has been a key component of democracy's response to serious intimidation from paramilitaries, drug barons and evil people who would otherwise stalk this land and intimidate jurors. The Special Criminal Court should be used in exceptional circumstances. The fact that there are three judges goes some way towards meeting some of the concerns some people might have but at the end of the day, it did put away the murderers of Veronica Guerin and Garda Jerry McCabe and other serious evil criminals. I understand that there may be different views in this House and that there may be a minority and a majority report before the Minister. That is from reading reports in the media. I welcome the fact that the Minister will give the full light of day to the report very soon. It goes to the heart of how this country deals with this very serious threat in the very exceptional circumstances where it must be used.

Simon Harris (Wicklow, Fine Gael)
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Deputy O'Dowd reminded us of a number of occasions where the Special Criminal Court has served this State well. I believe the Special Criminal Court continues to have an important role to play for the reasons I outlined. I again thank the review group. This is a comprehensive body of work - two years worth of work. There was an opportunity for significant civic society input for submissions. A very esteemed group of people considered these matters in great detail.

It is my intention to bring the review to Government in the first instance in June and that it will be published ahead of the vote in this House on the resolutions to continue to renew. I should also say that this report will take time to digest and to decide the course of action. What is clear and does not require any time is the need to renew the resolutions this June. The clear security advice as Minister for Justice is that there continues to be an important role for the Special Criminal Court to play for all the reasons I outlined such as the continuing threat from dissidents, international terrorism and organised crime gangs. I believe the Special Criminal Court and the offence provisions need to be reviewed in this House next month.

Fergus O'Dowd (Louth, Fine Gael)
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I again welcome the Minister's personal commitment to that. Clearly it will be a matter for the House to vote or abstain on that resolution as some parties may choose to do. I want to affirm my support for the exceptional circumstances in which it must be used and the continuation of that in our armoury as a democracy to fight those who would challenge and intimidate most jurors. I acknowledge the work of the An Garda Síochána in County Louth, particularly in my own town, in dealing with those who perpetrated the most evil crimes of murder, arson and so on and the success of An Garda Síochána with many of these criminals now coming before the courts. I welcome the fact that we will have a full debate in this House and that everybody will have an opportunity to contribute and tell the people of the country where they stand on this issue.

Simon Harris (Wicklow, Fine Gael)
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The people of County Louth know all too well the risks members of An Garda Síochána face. I had the pleasure of meeting the father of Garda Adrian Donohoe at the weekend when we had the memorial day for the 89 members of An Garda Síochána who were murdered in the line of duty and taken from their families and communities. These were attacks on democracy. When the Deputy mentioned County Louth, I wanted to take the opportunity to remember Adrian Donohoe and all 89 members of An Garda Síochána who died in the line of duty and their families and to let them know that this country never forgets. This is why we are duty bound in this Legislature not just to condemn and express sympathy but to make sure we pass laws that actually keep the public safe. I agree with the Deputy that in the exceptional circumstances that it is required with all the safeguards that need to be in place, the court is a very important part of the jigsaw that is our criminal justice system in terms of keeping this country safe from international terrorism and ongoing threats from dissident paramilitary groups.