David Cullinane (Sinn Fein)

I listened carefully to the Minister's response to my earlier contribution in which he stated that there is no more important right than the right to be protected. While my party supports that sentiment, he is trying to create a false dichotomy as if this issue involved a choice between the rights of a criminal or terrorist, as he put it, and the right of citizens to be protected. That is simply not the case, however. As Senator Byrne noted, a number of Labour Party Members previously opposed these provisions because they shared our concerns, as does the Irish Council for Civil Liberties and many others. Our judicial system must be based on human rights. Is our state of emergency to be perpetuated for ever? Are non-jury courts here to stay?

The evidence demonstrates that the emergency powers in place in this jurisdiction are out of kilter with the systems in many of our European counterparts. Are we to say these problems more prevalent in Ireland and, if so, what kind of message does that send? We must safeguard rights, including the right to a fair trial. This underpins everything I believe in regard to the criminal justice system. I will give no comfort to those who engage in any sort of crime but every citizen has the right to a fair trial.

The Minister referred to Sinn Féin and its response to this motion. He spoke about some of the micro-groups that continue to exist but he knows better than anybody these groups are hostile to everything my party stands for and that we have expended huge efforts on the peace process. We will not have that questioned by any Minister. Sinn Féin's public representatives at the highest levels have received death threats from the individuals to whom the Minister referred. We know at first hand the threat these groups pose but we consider these provisions in the wider context of whether they add value to democracy and the judicial system rather than undermining what should be a fair, independent and human rights based system. This is why we opposed the Offences against the State Act and it is why we will oppose the motion before us. As I presume the Minister will be pressing the motion, I advise the House that we will be calling a vote on it.