Eileen Flynn (Independent) | Oireachtas source

I will not repeat much of what has already been stated. There is a lot in the Acts in question but I will focus on the Special Criminal Court. There is much talk, nationally and internationally, about how we need to protect European values and democracy. If we are serious about protecting and defending democracy, we must scrap the Special Criminal Court. The cornerstone of any democracy lies in its justice system and the cornerstone of such a justice system is the right to a fair trial by a jury of one's peers. The Irish Council for Civil Liberties is one of many organisations to have called for the abolition of the Special Criminal Court. It highlighted many concerns, such as the lack of a jury, the judge serving as both judge and jury, the extensive powers of the Director of Public Prosecutions, DPP, and the claims of privilege by members of the Garda. I do not believe we need two criminal justice systems. For example, if jury intimidation is widespread, there are better ways to address that. The Irish Human Rights and Equality Commission has concerns and wants rid of the Special Criminal Court.

My colleague, Senator Ruane, has spoken passionately in the House in respect of rehabilitation. In many cases, punishment is not the answer. I agree with her in respect of helping people re-integrate back into society. Members must remember that Senator Ruane and I come from two communities that are very different from those of most people in the Houses. We have seen these issues on the ground. Unfortunately, the justice system only works for the few, not for the many. In the context of the justice system, it all depends on the community from which you come.Many people I know from the Traveller community are judged based on the fact that they are from the Traveller community, not on the crime that was committed. Travellers in Ireland make up 1% of the population and yet we make up 10% of the prison population. Traveller women make up at least 15% of all women in prison. In Ireland people from minority groups and indigenous communities are over-represented in prison and we see that all over the world. The 1963 report of the Commission on Itinerancy spoke of our Traveller way of life and way of making a living as a problem within Irish society. For some people, there is no justice in the justice system. We see all over the world the rise of oppressive governments. One of my biggest fears moving forward is about future governments, which could have the power in their hands that would work to their advantage. We need to be very careful moving forward around the Special Criminal Court and how it can impact and oppress people within our society, and be mindful of future governments.