Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I will resist the urge to engage in petty point-scoring because this issue is far too serious. The example cited by my colleague, Senator Wilson, shows just how open to abuse this legislation can be when someone finds themselves in front of a Special Criminal Court on tax-related matters. I wonder how many people from Fianna Fáil who ruined the economy and left so many people devastated and in poverty found themselves in front of Special Criminal Courts.

Nevertheless, the current motion relates to the Special Criminal Court and specifically to particular provisions under the 1998 and 2009 Acts relating to same. In its current incarnation it dates from May 1972 but its roots are to be found in this State's reaction to the Second World War when it claimed that the IRA threatened its existence. The reality is that the Offences against the State Act and the Special Criminal Court are ineffective relics of a conflict era. We are opposed to their use. They have been and are being retained by successive Governments to deal with threats primarily posed by organised criminal gangs. The Special Criminal Court is rooted in the 20th century. In the early years of this century, a different challenge is being faced and a different response is required.There is a need for a comprehensive review of emergency legislation in advance of its renewal next year which would focus on how to modernise the criminal justice system to make it responsive to the needs of this State at this time. The Special Criminal Court in all circumstances is a non-jury court. It has been criticised not by Sinn Féin alone but also by Amnesty International, the Irish Council for Civil Liberties, the former UN High Commissioner for Human Rights, Mary Robinson, and the UN Human Rights Council. Society, of course, has to be protected against the murderous and criminal behaviour of organised criminals. The working class communities these gangsters prey on and murder need protection from them. Were this happening in some of the more affluent suburbs in cities across the State, the response might perhaps be different. Sinn Féin fully supports rigorous and effective measures to remove these gangs from the streets and put them into prison.

In addition to these measures, however, protective measures must be put in place so we should consider the following: creating a specific offence for interfering with jurors; increased penalties for intimidation of jurors; anonymity for jurors and witnesses via screens in courtrooms or, in very particular circumstances, remote location of jurors with video link to the courtroom; restrictions on access to jury lists and abolition of daily roll call of jurors. Sinn Féin would support these provisions. All necessary steps should be taken to ensure the safety of jurors and witnesses. The Government has not even considered these matters.

Outside the legislative framework, the Government needs to get serious about tackling organised crime. We need the full implementation of the Garda Inspectorate report, Changing Policing in Ireland, and its recommendations on serious crime. By its actions, the Government has failed to show it is committed to properly tackling organised crime. Last year, Dublin lost 100 gardaí. Since 2010 it has lost 1,000 gardaí. Regarding these losses, Assistant Commissioner Pat Leahy said we have hit rock bottom when it comes to the recruitment of new personnel. We have seen the redirection of gardaí into specialist units, transfers and the reduction in front-line policing, and there has been a 40% reduction in community policing. This lack of front-line policing has hit the ability of gardaí to understand what is going on in our communities where organised criminals prey on defenceless people. We need further investment in policing and in the communities to help them tackle disadvantage. We need investment in community development, education and employment. This regeneration is essential in those areas where organised crime gangs are recruiting members. This will help towards ending the scourge of serious and organised crime.