Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Kathleen Lynch, and express support for the renewal of section 8 of the Criminal Justice (Amendment) Act 2009. It is helpful to have this review every year. It is important that the Oireachtas continue to keep these matters under review. As I said in the earlier debate on the Offences against the State (Amendment) Act, I declare an interest, having appeared in the Special Criminal Court in the past to represent defendants. Echoing some of what Senator Trevor Ó Clochartaigh said, we need to ensure there is a balance in the use of this court. Many of us regret that there is a continued need for it. However, it is hard to take lectures from Sinn Féin as a defender of civil rights, particularly in Northern Ireland. The families of Jean McConville, the disappeared and the victims of other IRA atrocities might have a difficulty with that contention.

The Minister of State has given us figures for the numbers of arrests and prosecutions, etc. It is of concern that no cases have yet come before the Special Criminal Court in accordance with section 8 since operation of the Act commenced four years ago.

No case has come before the Special Criminal Court pursuant to section 8 since the Act came into operation four years ago. It is fair to say it is a matter of concern. We must be very clear about it next year if a motion comes before us to continue the relevant sections in force. We will need to query why the sections should remain in force. Having said that, it is a matter of some comfort that the DPP has taken the view using her discretion as an independent officer of the State, that there has been no need to use section 8 to try organised crime offences before the Special Criminal Court. Clearly, she believes the ordinary courts are sufficient to deal with those cases in which she might have considered the exercise of her discretion. It is not that we want section 8 to be utilised but we must keep it under scrutiny and question the rationale behind its continuance in force. That is the role of the Oireachtas and the reason we are here. It is an important function of which we should remain cognisant.