Cathal Byrne (Fine Gael)

The Minister of State is very welcome to the Chamber. Like my party colleagues, I will speak in support of the motion. I am particularly struck by the comments of some colleagues who spoke about the fact that our Constitution underpins the need for a right to trial by a jury.It also allows, when the framers were framing our Constitution, under Article 38.3, for special courts to be established by law for trial of offences in such cases where it may be determined, in accordance with the law, that the ordinary courts are inadequate to service the effective administration of justice and the preservation of public peace and order. Effectively, having read and reviewed the report from the Minister for justice that was laid before the Oireachtas, the members of An Garda Síochána have again reiterated clearly in it the need for these exceptional measures contained within the Special Criminal Court to be continued for another year. It is right and proper that, in a democracy, we debate these issues and that they are reviewed every 12 months. However, having reflected and taken into account the contribution from the Minister of State and the views of An Garda Síochána about the need for this legislation to be continued, I think it is only right and proper that it is reviewed and continued for another year.

I am specifically drawn by a number of the measures, and I have reviewed the legislation. I want to speak for a moment about some of the specifics that we, by supporting this measure, are equipping An Garda Síochána with in these limited circumstances. Under section 2, we will allow the use of inferences to be drawn from a failure to answer questions about membership of an unlawful organisation. Under section 7, we are criminalising possession of an article, substance or item giving rise to a reasonable suspicion that it is intended for use in connection with or related to terrorism or subversive activities. Under section 14, we are enhancing the powers of An Garda Síochána by allowing a person under investigation for membership of an unlawful organisation or for terrorist activities to be detained for up to 72 hours without charge. The reality here is that these are some of the most serious offences against the Irish people and against the State and these powers are to be utilised in limited circumstances. That is why it is appropriate that, in the report circulated to both Houses of the Oireachtas, the Minister laid out exactly the specific number of times that each of these offences occurred and the provisions of the legislation were actually used. They show that it is in limited circumstances.

However, as the Minister said earlier, it is important that it is ensured that An Garda Síochána, in those limited circumstances, is equipped to meet the challenges of the opponents of peace. Last year, when speaking on the motions on this legislation in the Dáil, the Minister for justice said it is our duty to ensure that those tasked with protecting us from the threat of terrorism, organised crime and ensuring public safety have at their disposal the appropriate measures to do so. In that instance, I place on the record of the House my support for these motions and the continued renewal of these measures for another 12 months. I recognise that the majority of those on the independent review group, in making their conclusion, said that there is an ongoing need for a non-jury court as permitted by the Irish Constitution to try serious criminal offences in certain limited and exceptional circumstances. In that regard, I welcome the fact that the Government has committed to bringing forward legislation in this area and that is in exceptional and limited circumstances.