The Irish Council for Civil Liberties (ICCL) has called on the justice minister, Jim O’Callaghan, to clarify whether he plans to hold a referendum after he last month announced his intention to replace the Special Criminal Court.

A review group chaired by retired Court of Appeal judge Mr Justice Michael Peart led to the publication of two rival reports in 2023 after members failed to reach a consensus on the future of the Offences Against the State Acts 1939-1985.

While all members of the group agreed that the Acts should be repealed, four members backed the establishment of a new non-jury court while two suggested non-jury trials could take place where necessary without the need for a standing court.

The government said last month that it had accepted the recommendations of the majority report.

However, ICCL has called for a more “comprehensive response” from the government to both reports.

Executive director Joe O’Brien said: “ICCL’s longstanding position is that the Special Criminal Court should be abolished in the absence of a state of emergency because of its incompatibility with Ireland’s international and constitutional human rights obligations and the serious risks it poses to people’s right to a fair trial and to equality before the law.

“Whether it is possible or appropriate to create a permanent non-jury court without amending the Constitution is a live question and in fact the review group minority report described doing so as ‘constitutionally inappropriate’.

“We are keen to hear from the minister whether he has sought legal advice on this question and, if he has, what that advice says.”

He added: “This is far from the only outstanding question about the government’s plans for the Special Criminal Court.

“When she published the review group reports, the previous minister for justice announced that she would embark on a further consultation with key stakeholders.

“What was the outcome of that further review and does the minister propose to publish any further report arising from this consultation?”

The Department of Justice has been contacted for comment.