Seanad debates

Tuesday, 27 June 2023

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

 

12:30 pm

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

Ar dtús báire, ba mhaith liom fáilte a chur roimh an Aire Stáit agus mo bhuíochas a ghabháil leis agus leis an tAire Dlí agus Cirt as an tuairisc sin a chur ar fáil dúinn roimh an díospóireacht seo. I will not say I have read the report, but I have had a brief look at it. I agree with what Senator McDowell says, that it is enormous, but it is also very detailed and it gives very careful consideration to the issue at play here. I welcome the report. I also welcome its majority finding.

On behalf of Fine Gael, I support the motion, but I am not 100% committed to it because I think the Special Criminal Court is a necessary evil. As somebody who practices in this area, I greatly value juries. I think they bring something to any process, including defamation processes, as we discussed at the Joint Committee on Justice last week and this week. They are a tremendously important part of the system, but I also recognise that there are certain limited instances where it is not possible or advisable to have a jury, and they are covered by the Special Criminal Court. I do not agree with what Senator McDowell says about scheduled offences. I understand the points he makes but my understanding is that scheduled offences merely limit the provisions of Article 38.3, insofar as they say it cannot be applied to other cases outside the scheduled offences.

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