Dáil Éireann Debate, Thursday - 5 November 2015
138. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she will establish a timeframe for the abolition of the non-jury Special Criminal Courts; and if she will make a statement on the matter. [38700/15]
View answerArticle 38 3. (1) of the Constitution allows for the establishment of special courts in accordance with the law in cases where it is considered that the ordinary courts are inadequate to secure the effective administration of justice. Section 38 of the Offences against the State Act 1939 provides for the establishment of Special Criminal Courts. Section 38 of the 1939 Act as amended also provides that the Government may, whenever they consider it necessary or desirable to do so, establish additional Special Criminal Courts as they think fit. It also provides that whenever two or more Special Criminal Courts are in existence the Government may, if and so often as they think fit, reduce the number of such Courts and abolish those existing Courts that appear to be redundant.
The Deputy will be aware that last week the Government appointed seven serving judges to the bench of the second Special Criminal Court that was established by Government Order on 14 December 2004, thereby bringing the second Court into existence.
There is a backlog of cases in the existing Special Criminal Court with delays of approximately twenty months in cases coming to trial. Bearing this in mind, together with the particular types of offences with which the Special Criminal Court is concerned, I sought the necessary Government approval to appoint judges to the second Special Criminal Court, thereby bringing it into existence.
There are certain practical and procedural tasks that need to be undertaken before the second Courts can start hearing cases such as organising courtroom accommodation and chambers for judges as well as drafting of the necessary rules of court and it will also be necessary to appoint a Court Registrar.
I anticipate that when the second Special Criminal Court commences hearing cases there will be a reduction in waiting times for cases awaiting trial. The requirement for two Special Criminal Courts will be kept under review in this context; however I have no plans at present to abolish the Special Criminal Court.
