Joe O'Brien

Justice minister Jim O’Callaghan has confirmed that the government has accepted the recommendations of the majority report published by an independent review group in 2023.

It will therefore repeal the Offences Against the State Acts 1939-1985 and replace the Special Criminal Court with a new, standing non-jury court, as recommended by four of the six review group members.

ICCL has urged the government to respond to the recommendations of the minority report, which it says raises significant human rights concerns, as well as to consult widely on its plans.

Executive director Joe O’Brien said: “The Special Criminal Court was introduced in 1972 at a moment of deep crisis for the justice system and the State, with extraordinary levels of violence in Northern Ireland and paramilitary attacks targeting gardaí and judges in this jurisdiction.

“What began as an emergency response has now operated longer in peacetime than it did during the Troubles.

“While it is welcome news that the government intends to repeal the Offences Against the State Acts, which provide for the court, it is essential that they give full consideration to the human rights concerns raised by the minority report and ensure that the right to a fair trial is the cornerstone of any new programme of reform.”

ICCL has previously set out concerns about some of the majority report recommendations, including including retention of the rule that a Garda’s “belief” can form part of the evidence against an accused person, the DPP’s power to direct a case be heard in a non-jury court, and the system by which privileged evidence can be used at trial.