James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the contributors for their comments. In regard to Senator Gallagher's question on what happens once the review is provided to the Minister, the Minister will consider that review, have a look at the recommendations and any timeline thereafter will depend on the extent of any recommendations made and whether legislation, for example, may be required. I will endeavour to get a timeline for Senator Gallagher.

In regard to Senator Ward's contribution, I agree absolutely on the importance of the jury in the criminal trial system. What we are doing here is necessary in the circumstances to deal with the threat from serious criminal gangs and terrorists, but it is no more than what is necessary in that respect. I hear Senator Martin's concerns in regard to needing evidence and the concern about rubber stamping. The reports have been laid before the Houses. This comes before both Houses for consideration. I am here in this House and the Minister, Deputy McEntee, is in the Dáil. There is no greater place than these Houses for giving that in-depth consideration and being able to look at the matters. Mr. Justice Michael Peart is doing an in-depth review which will look at the current threats, the duty to deliver a fair and effective criminal justice system and our obligations under the Constitution and the ECHR. We will see what Mr. Justice Peart comes back with in regard to his review.

Senator Ó Donnghaile pointed out that Sinn Féin will not oppose the motion. In regard to the tools, neither myself nor the Minister, Deputy McEntee, have been found wanting in terms of passing significant legislation in regard to strengthening the hands of the gardaí and our criminal justice system in the two years we have been here, and in terms of the amount of legislation we are bringing forward. In the budget in October, funding was put in place for an additional 800 gardaí and an additional 400 civilian staff for An Garda Síochána that would free up gardaí from administrative duties and put them on the front line. We are giving very strong tools to An Garda Síochána to deal with the threat. However, what we are doing here is, and remains, necessary and proportionate.

In regard to Senator Flynn’s call for the abolition of the non-jury courts, again I would say that what we are doing is necessary and proportionate. We face a very serious threat from criminal gangs and terrorists, both domestic and international. It is only for those most serious situations that we have the non-jury courts. I agree that rehabilitation is absolutely critical. Our new justice strategy has provided significant additional funding, more than 33%, into youth justice funding to redirect young people who are at risk of, or who are, coming into contact with the criminal justice system. That proves that we very much believe in rehabilitation. However, when dealing with very serious criminal gangs and terrorist organisations which do not believe in the justice system and want to undermine it through threats and intimidation of jurors and witnesses, we say this is necessary for those very special and rare occasions and that it is both necessary and proportionate.

I am grateful to the House for its consideration of these important motions. I thank all the Senators for their contributions, particularly those who supported the motions. As I said, terrorist groups remain a threat to the people on this island. They are opposed to the benefits that have flowed from the peace process and are determined to undermine it. The State must retain in its laws the capacity to defeat them and we have a duty as legislators to ensure that this is so. Likewise the renewal of section 8 of the 2009 Act is an important contribution to the overall framework of measures in tackling organised crime. We are all too well aware of the appalling damage caused by organised crime, in particular the damage caused by the drug trade, on individuals, families and communities. By renewing these important provisions this House is sending a message loud and clear that this State will not tolerate the activities of terrorists and organised crime groups and is committed in its resolve to see them defeated.