Dáil vote saves special court but review pledged
THE Dáil has renewed the Offences Against The State Act, after the Justice Minister announced an independent review of the legislation underpinning it.
For the first time in its history, Sinn Féin did not oppose the renewal of the Act that empowers the Special Criminal Court, as its members abstained.
The legislation has allowed trials of republicans and gangland criminals in a three-judge criminal court that has no jury, in order to avoid intimidation of jurors.
Sinn Féin has long been opposed to the non-jury court, because it was initially used to prosecute IRA members, and has previously voted against the legislation. The party’s main objections now, though, are focused on the fact that it is a non-jury court.
Sinn Féin’s decision not to vote against the legislation came after Justice Minister Charlie Flanagan promised that a proposed review of the legislation would be independent.
Sinn Féin said the decision is conditional on an independent review of the laws within a year.
The Dáil voted yesterday to approve the extension of the Offences Against the State and Criminal Justice Acts.
This will renew the mandate of the Special Criminal Court for another 12 months.
Earlier, Minister Flanagan told the Dáil that there is a real and persistent threat from ‘republican paramilitary organisations’ on the island of Ireland.
He said: ‘I know that some members of the House are concerned about the role of the Special Criminal Court in the justice process. However, none of us can be blind to the threat posed to the criminal process by individuals, terrorists and organised criminal groups who seek to subvert the system through intimidation of citizens.
‘I want to make clear that I am not averse to a review of this legislation. Indeed, far from it, as will become clear in the months ahead. Deputies will be aware of the intensive work taking place to implement the recommendations of the Commission on the Future of Policing in Ireland.’
The minister said the ‘fine details of the review can be worked out by the incoming government’.