Clare Daly (Dublin North, United Left)
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108. To ask the Minister for Justice and Equality if she will take on board the criticisms of the United Nations Human Rights Committee with regard to the establishment of a second non-jury Special Criminal Court, and take steps to abolish all forms of the Special Criminal Court, with a view both to compliance with international human rights standards, and to expediting the hearing of cases. [39791/15]

Clare Daly (Dublin North, United Left)
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109. To ask the Minister for Justice and Equality if consideration was given to the abolition of the Special Criminal Court, as a means of dealing with the delays in hearing cases in said court, in the course of discussions regarding the establishment of a second non-jury Special Criminal Court. [39792/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 108 and 109 together.

Article 38 3. (1) of the Constitution allows for the establishment of special courts in accordance with the law in cases where it is considered that the ordinary courts are inadequate to secure the effective administration of justice. Section 38 of the Offences against the State Act 1939 provides for the establishment of Special Criminal Courts. Section 38 of the 1939 Act as amended also provides that the Government may, whenever they consider it necessary or desirable to do so, establish additional Special Criminal Courts as they think fit. It also provides that whenever two or more Special Criminal Courts are in existence the Government may, if and so often as they think fit, reduce the number of such Courts and abolish those existing Courts that appear to be redundant.

There is a backlog of cases in the existing Special Criminal Court with delays of approximately twenty months in cases coming to trial. Bearing this in mind, together with the particular types of offences with which the Special Criminal Court is concerned, I sought the necessary Government approval to appoint judges to the second Special Criminal Court, thereby bringing it into existence.

However it does not necessarily mean that more cases will be referred to the Special Criminal Courts but that cases will be dealt with more quickly. The Deputy will be aware that the decision as to whether a particular case will be prosecuted before the Special Criminal Court is a matter for the Director of Public Prosecutions who is by law independent of the Government.

I anticipate that when the second Special Criminal Court commences hearing cases there will be a reduction in waiting times for cases awaiting trial. The Government considers that there are good reasons for two Special Criminal Courts. However the requirement for two Special Criminal Courts will be kept under review in this context and I have no plans at present to abolish the Special Criminal Court.