Seanad debates

Wednesday, 15 June 2016

Offences against the State (Amendment) Act 1998: Motion

 

10:30 am

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I welcome the Minister of State to the House and wish him every success in his new role in the Department of Justice and Equality. I think it is his first occasion in here as Minister of State. I welcome the motions, which have my full support. It is important that we give the necessary support to the gardaí, who are working at the coal face. History has shown that unless that support had been there, it would not have been possible in the years gone by to take criminal proceedings against certain people. The Special Criminal Court has at all times been very effective and very fair. The criminal justice system in this country has always been very balanced. Where there is any threat to a fair trial and a prosecution cannot proceeding because jurors might be intimidated, it is important that the appropriate procedures are put in place. This is the reason two pieces of legislation were passed.

It is also important that there are checks and balances and that they are not abused. This is the reason the provisions come back for review every 12 months. It is extremely important that they receive our full support here today. The Minister and Minister of State do not take this decision lightly. They take it because they have received the advice that in respect of the criminal justice system operating properly, certain elements could not be prosecuted unless these procedures are in place. This is the reason they are bringing forward these motions and why they seek the continuance of section 8 of the Criminal Justice (Amendment) Act 2009 and the appropriate section in the Offences against the State (Amendment) Act 1998.

I also welcome the fact that an extra €55 million has been allocated to the gardaí to give them the necessary back-up support because they cannot operate unless they have sufficient support and expertise to deal with criminal elements in this country. Crime is becoming more sophisticated and a way of sidestepping the gardaí and the judicial process is available to the criminal community. It is important that we have the appropriate procedures for the gardaí and the DPP. Therefore, I support these motions, as does Fine Gael.The checks and balances are there. It comes back for review again in 12 months' time.

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