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Legislative Reviews

Dáil Éireann Debate, Tuesday - 11 July 2023

Tuesday, 11 July 2023

Questions (502)

Catherine Connolly

Question:

502. Deputy Catherine Connolly asked the Minister for Justice the expected timeline for her substantive response to the Independent Review of the Offences Against the State Acts; the details of the Departments, Government agencies and other bodies her Department is engaging with in the development of the response; and if she will make a statement on the matter. [33952/23]

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Written answers

As the Deputy is aware, I published the majority report and the minority report of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts on 21 June following consideration by Government.

The Acts are Ireland's primary counter-terrorism legislation. They have and continue to serve the State well in tackling subversives and organised crime and fulfil a vital role in our criminal justice system.

Given their importance over many decades any proposals for reform must be thoroughly considered and approached with the utmost care.

There is much to digest in the majority’s package of recommendations and also in the perspective of the minority, and it is important, as I have said, to take the time to consider carefully how best to proceed.

With this in mind, my Department has to date sought the views of the Department of Defence, the Garda Commissioner, the Office of the DPP, the Courts Service and the Irish Human Rights and Equality Commission. My Department is also examining the reports from a variety of perspectives including policy, governance and legislative. The outputs from this consultative and analytical process will inform the preparation of a substantive response to the Review which I am committed to bringing to Government in due course.

In the short term I am taking two other initiatives in response to the work of the Review Group:

In relation to the matter of jury reform, I have asked my officials to see if any measures – short of non-jury trials – can be identified which might in certain cases mitigate the risk of intimidation or other interference.

I also intend, having regard to the concern of the majority and the minority in relation to the limited data available in respect of the operation of the Special Criminal Court and the extent of jury and witness intimidation, to engage with the relevant agencies and offices to identify what improvements can be made in the collection and publication of data relating to these matters to support independent scrutiny and promote public confidence.

I can assure the Deputy that I am fully committed to considering the reports and returning to Government with a response in due course.

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