Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 397: To ask the Minister for Justice and Equality his plans to repeal sections 21 to 24 of the Criminal Justice (Amendment) Act 2009, concerning secret detention hearings.; and if he will make a statement on the matter. [35572/11]

Alan Shatter (Dublin South, Fine Gael)
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I understand that the Deputy is referring to the procedures introduced by the Criminal Justice (Amendment) Act 2009 whereby judges dealing with applications to extend the detention of suspects may hear particular information from members of the Garda Síochána in the absence of the suspect and legal representatives. The 2009 amendments are intended to protect sensitive information relating to criminal investigations that may be required to be disclosed at 'extension of detention' hearings.

The procedure is subject to judicial supervision and is circumscribed by clear statutory guidelines according to which the judge may only exercise his or her discretion to exclude certain persons where it is in the public interest; the particular evidence must concern steps taken, or to be taken, in the investigation of the detained person's or another person's involvement in the offence concerned, or any other offence; and the nature of the evidence must be such that the giving of it could prejudice in a material way the conduct of the investigation. Having heard the information, the judge may direct that it be re-given in open court if satisfied that to re-give it in this way would not, in fact, prejudice the investigation. I am satisfied, having consulted with the Garda Commissioner, that these amendments continue to have a role to play in the fight against organised crime. Consequently, I have no plans to repeal these provisions.