Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister for Justice and Equality, Deputy Fitzgerald, to the House. I echo Senator Norris's comments on the appalling atrocity of Omagh. I think it is important we put that on the record and the reason for the implementation of the 1998 Act. I absolutely agree with Senator Norris that these provisions deserve annual scrutiny by Parliament. That is a very important mechanism and safeguard and I would not agree with the idea of making the provisions permanent without having the capacity to come back. I have been here every year since 2008, in various capacities, to speak on this issue. It is really important we review the use of these provisions. They depart from our normal values of due process. I should declare an interest as someone who practised in the Special Criminal Court and operated these provisions as a defence lawyer. They depart from normal principles of due process. Section 3 requires an accused to give notice of an intention to call a person to give evidence on his behalf when charged with membership of an unlawful organisation. Senator Norris rightly referred to section 4 as potentially giving rise to guilt by association because it allows inferences to be drawn from conduct such as associations on the part of the accused concerning evidence of membership of an unlawful organisation, a very serious offence.