Seanad debates

Thursday, 14 June 2018

Criminal Justice (Amendment) Act 2009 and Offences against the State (Amendment) Act 1998: Motions

 

10:30 am

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail) | Oireachtas source

I welcome the Minister back to the House. I am speaking on behalf of my colleague, Senator Clifford-Lee. We will support both motions. While I note that the Minister has said that it is necessary for both of these motions to come before the Dáil and Seanad on an annual basis, unfortunately, they seem to be left until the last minute to be brought to the Houses in my experience. However, as the Minister has stated, at the heart of these Acts is the use of the Special Criminal Court. The Special Criminal Court is an important part of the justice infrastructure in this country and is unfortunately absolutely necessary in cases where the threat of violence is undermining the administration of justice. The right to a jury trial and the importance of the presumption of innocence cannot be understated. We do not infringe upon these central tenets of the justice system but the fact remains that there are cases in which the only way justice can be served is through trial by the Special Criminal Court.

I am more convinced than ever before of the need for our Special Criminal Court for reasons already outlined by the Minister. I want to instance one particular case where only a couple of years ago, we had the former leader of Sinn Féin condemning the victim of his friend and good republican, Mr. Thomas "Slab" Murphy. It was interesting to note that during his trial, two of the witnesses who were called by the State, sort of changed their evidence from what they had originally stated to the Garda. In confronting serious criminality, the Garda and the State need to know that they have the force of the Special Criminal Court behind them in such cases. In claiming that it will abolish the Special Criminal Court, it is hard to escape the conclusion that Sinn Féin is putting loyalty to their colleagues and former colleagues ahead of the wider societal need to protect witnesses in certain cases.

The prevalence of gangland crime which has seen more than 500 people in Dublin issued with active warnings by the Garda that their lives are in danger from criminals has brought numbness to the people. When we hear of the latest assassination we nod with dismay but we must acknowledge the brave, diligent and hardworking members of the Garda who are foiling attempts on a weekly basis and undoubtedly saving lives.

While acknowledging this, we also have to remain mindful of the increased threat from international terrorism from which the State cannot be considered immune.

This year we celebrate 20 years since the signing of the Good Friday Agreement, one of the greatest political achievements in the history of this entire Thirty-two Counties but we must never become complacent. As the Minister has rightly said, the greatest domestic threat to our security in this country at present is unfortunately from republican paramilitary, so-called dissident groups. Because of this, the legislation we are discussing is unfortunately necessary and we as a party fully support it.

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