Fintan Warfield (Sinn Fein) | Oireachtas source

In 2002, the Hederman review into the Offences Against the State Act was published. It made several key recommendations, including to repeal the existing Offences Against the State Acts and to replace them with one single, consolidated Bill that should contain significant reform of the Acts. The most recent review of the Acts, published just under a year ago, reflected the recommendations of the Hederman review. More than 20 years have passed since the review. Another year has passed since the most recent review, another year since my Sinn Féin colleague stood here and called for an end to the annual charade of this renewal vote. What has changed in this period with respect to the Acts? In a word, nothing. We remain with the legal uncertainty whereby we are called to renew this legislation on an annual basis. There are also underlying issues. This is all the more baffling when we consider that, to quote the most recent review, "Many of the recommendations which follow throughout this report are simply a reiteration of what the Hederman committee recommended in 2002."

The solution is clear. It has been clear for more than 20 years. It is not just Sinn Féin saying it. It is the solution of legal and academic expert analysis. Indeed, on one hand the Government appears to accept the overwhelming weight of all legal and academic analysis in establishing and publishing a review. Yet, it continues to act as though it has no credible, legal alternative to this groundhog day piece of annual theatre. Do we really have no credible legal alternative to this annual piece of theatre?

The approach we take does not make any sense, except of course for Fine Gael trying to bolster a faltering reputation as being a party of law and order. The fact is its record since taking responsibility for the justice portfolio more than 13 years ago belies this reputation. Many categories of crime are up and serious threats are posed to our society by organised crime. There is a retention and recruitment crisis in An Garda Síochána. Courts throughout the State have a huge backlog and have lengthy waits for trials. Inquests and coroners courts are similarly delayed. Prisons do not have the necessary resources, which increases the risks to staff and public safety.

As I said previously, the solution to this annual stage show here is readily available. The report of the review group points the way forward. All courts need to integrate into a single, reformed, modern criminal justice system. Resources must be provided to An Garda Síochána and special provisions for juries, where there is a likelihood of intimidation or tampering, need to be implemented. Evaluations of this risk should be based on statistics and intelligence evaluations and supervised by judges. The majority opinion of the review group backs this very clearly. It also recommends that the current system should not continue. The sole power for deciding on the use of a non-jury court would remain with the DPP, but it is recommended that an oversight mechanism be introduced. We need to see a stronger review of this power, at a minimum. The current system is simply not acceptable.

There are great merits in the views of the majority, and indeed the minority report. We will consider them fully when the enabling legislation is brought forward. Other measures outside the court systems are required also. More experts are needed in the Criminal Assets Bureau to deal with financial crime. The Commission of the Future of Policing in Ireland made several recommendations relating to cybercrime and cybersecurity. These recommendations must be implemented.

Like many of my colleagues, I once again urge the Minister to resist the temptation to hold this political set piece again next year. The report can be completed, the Bill can be moved within that timeline. Sinn Féin is willing to facilitate this in a timely manner. We do not want another charade over a renewal vote.