Vol. 532 No. 1
303 Mr. Gormley asked the Minister for Justice, Equality and Law Reform his views on observations of the UN Human Rights Committee published in July 2000 to the effect that the jurisdiction of the Special Criminal Court should be brought to an end; and if he will make a statement on the matter. [6646/01]
I should explain that in 1997 the then Government commenced a process of annually reviewing the need for the Special Criminal Court. This Government has continued that process. Every review so far, the most recent being in May 2000, has concluded that there was a continuing need for the Special Criminal Court.
Separate from this, however, the Special Criminal Court is one of the matters under consideration by the committee established by the Government to review the Offences against the State Acts. The committee, which I understand expects to finalise its report and submit it to me in a relatively short time, will no doubt, in any recommendations it may make on the Special Criminal Court, take into account the observations of the UN Human Rights Committee on Ireland's second national report under the International Covenant on Civil and Political Rights.
304 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the way in which the Government intends to respond to the decision of the European Court of Human Rights in the cases of persons (details supplied) in which section 52 of the Offices Against the State Act, 1939, which criminalises the assertion of the right to silence in certain cases was found to be incompatible with the terms of the European Conven tion of Human Rights; and if he will make a statement on the matter. [6647/01]
Section 52 of the Offences against the State Act, 1939, is under examination by the committee established by the Government to review the Offences against the State Acts. The committee, which I understand expects to finalise its report and submit it to me in a relatively short time, will no doubt take into account the findings of the European Court of Human Rights in the cases referred to in any recommendations it may make on section 52.
305 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the basis on which a review of the means test of the civil legal aid scheme is decided, determined or otherwise triggered; if he will consider a process of annual review; and if he will make a statement on the matter. [6708/01]
The means test criteria used to determine financial eligibility under the Civil Legal Aid Act, 1995, is monitored on a continual basis and I am satisfied that this arrangement works satisfactorily. The criteria used at present are being formally reviewed by my Department. This review is being carried out in consultation with the Legal Aid Board.
