Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

I will keep my contribution as brief as possible. On behalf of the Fianna Fáil group, I voice our support for the two motions before the Seanad today. Both the Criminal Justice (Amendment) Act 2009 and the Offences against the State (Amendment) Act 1998 require that certain sections of the Acts be renewed by the Oireachtas on an annual basis. Fianna Fáil has consistently supported the renewal of these sections and does so today as it feels that both statutory provisions are necessary. We hope that in the future, the threat of dissident republican activity on this island will no longer be a reality but until then, we must have effective mechanisms to deal with it.

In the aftermath of the shocking act of terror in Orlando, we are reminded of the ever-present threat of international terrorism. Unfortunately, Ireland is not immune to this threat. It is, therefore, not appropriate to remove the powers from An Garda Síochána at this time when there is no evidence that these powers have been abused. Our police force needs to have the ability to act immediately in the face of terrorism.

Section 8 of the 2009 Act allows serious organised gangland crime to be tried by the Special Criminal Court similar to some of the proposals contained in the Offences against the State Act. The operation of drug gangs in Ireland is to the forefront of our minds due to the horrific murder in the Regency Hotel in February 2016 and subsequent murders. Communities are being terrorised and are calling for a tough response from An Garda Síochána.

Opposition to these provisions is mainly based on the fact that these crimes are tried in Special Criminal Court settings without a jury. Unfortunately, some offences cannot be tried by jury as it would jeopardise the safety of jury members. We have a duty to ensure our criminal justice system operates fairly. This system cannot operate if jury members can be intimidated or harmed in any way. Gangland criminals have murdered journalists and innocent members of the public in broad daylight. Intimidating jury members would not be beyond the pale. Witnesses were intimidated during the trial of four members of the Provisional IRA for the killing of Detective Garda Jerry McCabe. This intimidation resulted in the lesser charge of manslaughter being laid against the four accused. If witnesses have been intimidated in the past by dissident republicans, there is a real possibility that jury members will also face intimidation in the future should these provisions not be renewed.

Putting in place the witness protection programme for jury members, which has been suggested in the past, would be completely unworkable. Trial by jury was provided for in Bunreacht na hÉireann to ensure a fair criminal justice system. Due to the nature of the crimes that are the subject of these provisions, trial without jury is required to achieve the same outcome - a fair criminal justice system. Therefore, I support these motions.