THE EXPERT REVIEW into the future of the Special Criminal Court has been completed and will be published in June.
A group of six experts to review the Offences Against the State Acts – Ireland’s primary counter-terrorism legislation – was established in 2021.
The Offences Against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing in August 1998.
Concerns about legislation, which aims to prevent any potential intimidation of jury members, have been raised over the years.
The legislation has been criticised by Amnesty International, the United Nations and The Irish Council of Civil Liberties.
The Irish Times recently reported that some members of the review group are in favour of abolishing the non-jury court, which is set to create a serious headache for the Government.
It reports that a minority of the group are of the view that the operation of the Special Criminal Court should continue.
Minister Helen McEntee, who is currently on maternity leave, in establishing the review group two years ago, said at the time the Offences Against the State Acts have been a vital component in Ireland’s response “to the anti-democratic and criminal forces that have sought to undermine the integrity of our State through violence and intimidation”.
“I am firmly of the view that the Offences Against the State Acts and Special Criminal Court have served the State well in tackling subversives and organised crime gangs and have long been a necessary part of the State’s arsenal in this regard,” she said.
The legislation, which must voted on every 12 months, is set to come before the Dáil and Seanad before the summer recess.
Minister for Justice Simon Harris today received approval to propose the resolutions to extend the legislation.
A Government spokesperson said Harris considers that there remains “a real and persistent threat from terrorist activity, primarily from so-called ‘dissident’ republican paramilitary groups”.
“The minister is also mindful of the threat from international terrorism from which the State cannot be considered immune. The existence of such threats warrants the continuance in force of the particular provisions of the 1998 Act,” they said, adding that the gardaí “are firmly of the view that the measure should be extended”.
Speaking during the Dáil’s statements on Organised Crime, which was held following the Special Criminal Court judgement on the Regency Hotel shooting, Harris took aim at Sinn Féin and said that they “abscond” on the vote.
While Harris did not mention Sinn Féin by name when making the reference, the party have abstained on recent votes to renew the Special Criminal Court.
“Sadly, there are political parties in this house, some of them as far as being government, but who do abscond when it comes to taking this tough decision on an annual basis,” Harris said.
“They walk out, they abstain. Now is the time for clarity on these matters.
“I think it is absolutely essential that this House, in a few weeks, reaffirms its support for the Special Criminal Court and that people clarify their positions in relation to this.”
Sinn Féin dropped its outright opposition to the non-jury court in late 2021, when it acknowledged that such courts may be needed in “exceptional circumstances”.
However, the party has not yet voted in favour of the Special Criminal Court since dropping its opposition. It had previously voted against the renewal of the court until 2020, when it abstained for the first time.
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