Joanna Tuffy (Labour)

I move amendment No. 6:

In page 47, before section 51, to insert the following new section:

"51.—Where the Director of Public Prosecutions certifies, pursuant to the Offences against the State Act 1939, that the ordinary courts are inadequate for the trial of an offence, the Director shall, if requested by the Defendant, either give reasons for the making of such a certificate or apply to the Court for the appointment of special counsel to inquire into the adequacy of the reasons for the certificate.".

The purpose of the amendment is to rectify the breach of international law which has been held by the United Nations to exist, given the power of the Director of Public Prosecutions to send offences for trial by the Special Criminal Court without providing reasons. This procedure is condemned by the UN Human Rights Committee in the case of Kavanagh v. Ireland in 2001. I would like the Minister to respond.