Government to seek further renewal of laws underpinning Special Criminal Court

Government to seek further renewal of laws underpinning Special Criminal Court

Helen McEntee

Ministers have agreed to a further 12-month renewal of the legislation underpinning the prosecution of terrorism and organised crime offences in the non-jury Special Criminal Court.

The long-term future of the laws are currently being considered by an independent review group headed by Mr Justice Michael Peart, a former judge of the Court of Appeal, which is expected to issue its final report this autumn.

The Irish Human Rights and Equality Commission told the review group last November that the Special Criminal Court should be abolished, as organised crime can be dealt with “without resorting to a parallel criminal justice system that deprives the accused of their right to trial by jury”.

The relevant pieces of legislation are the Offences against the State (Amendment) Act 1998, which made amendments to the Offences against the State Acts 1939 to 1985, and the Criminal Justice (Amendment) Act 2009.

Justice minister Helen McEntee said yesterday: “The renewal of these laws is very important as they provide safeguards against those who would seek to undermine the democratic institutions of the State and are a key element of the State’s armoury in tackling terrorism and organised crime.

“They are used regularly and are considered essential by An Garda Síochána. I am conscious that there remains a real and persistent threat from terrorist activity, from so-called ‘dissident’ republican paramilitary groups and from international terrorism, which remains a stark reminder of the vulnerability of all open democracies.”

She added: “The independent review group are providing a very valuable service in reviewing the operation of these Acts. Their work is continuing and there has been significant engagement with relevant stakeholders, statutory agencies and civil society organisations.

“They submitted an interim report in June of last year and I expect to have their final report in the Autumn. Upon receipt of the report, time will be required to consider any recommendations made by the group.”

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