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Dáil Éireann debate -
Wednesday, 23 May 2001

Vol. 536 No. 6

Written Answers. - Special Criminal Court Procedure.

Brendan Howlin

Question:

87 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the Government's response to the recent finding of the United Nations Human Rights Committee which found that the State must provide reasons when bringing people for trial before the Special Criminal Court; if the Government now intends to act on the finding; and if he will make a statement on the matter. [14992/01]

I am currently considering the recent view expressed by the United Nations Human Rights Committee that the State had failed to demonstrate that a decision to try an individual before the Special Criminal Court was based upon reasonable and objective grounds, and that this constituted a violation of the right under Article 26 of the International Covenant on Civil and Political Rights to equality before the law and to the equal protection of the law.

This view raises difficult and complex issues, and I will need to carefully consider these in consultation with the Attorney General before I bring to Government proposals for a response to the Human Rights Committee. It is also the case that a committee, chaired by the former Supreme Court Judge, Anthony Hederman, is currently reviewing the Offences against the State Acts, and I will of course take into account any advice I might receive from it on the matter.

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