Seanad debates

Thursday, 11 June 2015

Criminal Justice (Amendment) Act 2009: Motion

 

10:30 am

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire arís. Sinn Féin believes that it is a sad reflection on a government or a state when it has to admit that the courts are unable to deal with individuals who are involved in organised criminal activity. In such circumstances, the state in question has failed to deal with issues like jury intimidation and witness protection. If we are serious about dealing with organised criminal gangs, we need to put more resources in place. For instance, we should not be closing rural Garda stations and reducing the resources available to them. The Minister has said this legislation is just one aspect of the issue. If we are serious about tackling organised crime, however, we must ensure financial resources are invested in front line services and manpower.

I have no doubt people involved in organised criminal activity see the introduction of legislation to ensure they are tried before a special court as an admission of failure. In other words, it means the State has failed to provide protections and safeguards to people who serve on juries. The Special Criminal Court is the wrong way to go. This is not flippantly to disregard the activities of the criminal gangs - far from it - because we understand they cause misery and hardship. We know they destroy whole communities, murder and maim and have no regard for law and order. If we examine best international practice, however, we see that other countries have found more effective ways of dealing with organised criminal gangs that do not involve draconian institutions like the Special Criminal Court. There are better ways of dealing with this issue that do not contravene basic human rights, such as the right to a trial by jury, and which are far more effective in the real and ideological struggle against organised crime. Dá bhrí sin, beimid ag cur i gcoinne an rúin.

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