asked the Minister for Justice if he will reform the Special Criminal Court in order: (1) to exclude the possibility that persons other than serving judges might serve on it; (2) to grant its members the security of tenure enjoyed by other judges and (3) to subject to judicial review the present unfettered power of the Director of Public Prosecutions to send particular cases to the Special Criminal Court.
Written Answers. - Special Criminal Court.
18.
The changes referred to by the Deputy would require legislation. As has been indicated to the House on a number of occasions in the past I could not, in the context of parliamentary questions, say whether or not I have proposals for legislative changes in particular areas. Such proposals are announced, in the ordinary way, only after Government approval.
I would, however, refer the Deputy to my reply to a similar question on 10 November 1987 in which I indicated that I did not see any need, from a practical point of view, to exclude by legislation the possibility that persons other than serving judges might serve on the Special Criminal Court since only serving judges sit on the court at present and there is no question, so far as I am aware, of any proposal to change that arrangement.
As far as security of tenure is concerned the members of the court have the same security of tenure enjoyed by all judges. As far as the third part of the question is concerned, the power of the DPP to direct that a person charged with an offence which is not a scheduled offence under the Offences Against the State Act can hardly be described as unfettered. That power is subject to the requirement that the DPP must certify that the ordinary courts are in his opinion inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to the trial of the particular accused on the charge in question. The DPP is by law independent in the exercise of his powers and there is no reason to suppose that he takes his decisions otherwise than with absolute impartiality and scrupulous regard for the law. I am not at all convinced that it would be desirable to subject his power to refer cases to the Special Criminal Court to judicial review.