David Cullinane (Sinn Fein)

Given that organised crime is a serious issue in the State it is worth reflecting on the damage it does to communities and individuals who are victims. Many of the criminals have no respect for law and order or citizens and citizens' rights. However, that is no excuse for abuse of human rights by the State or draconian legislation. We do not support the renewal of this legislation. The Criminal Justice (Amendment) Act 2009 is wide open to abuse. It is an affirmation that the Special Criminal Court is a normal part of the legal system. I cannot accept that the Special Criminal Court is that - it is a damning indictment of the system that we have an emergency non-jury court which was supposedly set up to deal with a particular emergency, but which has become normal. Is the Government saying we live in a State that is permanently on an emergency setting and, if so, how long does the Minister expect that to continue?

I refer to last year's debate because a number of important contributions were made, one by Senator Bacik who is present. Speaking about section 8 she said that if it is to be retained for a further 12 months then when the Minister comes to the House and it has not been used within that further 12 month period we must take a serious step towards changing the nature of section 8 to ensure we no longer have draconian measures in place unless we can be sure that they are effective in the fight against organised crime. I too note the Minister's report. No convictions have been sent for trial under section 8, yet it is being renewed again. That is outrageous and the party of which I am a member has consistently called for its repeal. It is clear from our perspective that the powers and provisions provided for in the criminal law books are more than sufficient for the purposes the Government suggests. The Minister said a number of investigations have recently been conducted by the Garda. Those investigations can be carried out under the plethora of legislation in place without recourse to this legislation. Given the poor rate of convictions it is our firm view that the legislation is simply being used for trawling and emergency gathering. Clearly, that is an abuse of the legislation and is not for what emergency powers should be used. Certainly, we will not support the motion and, accordingly, will call for a vote.