Dáil Éireann Debate, Tuesday - 11 July 2023
71. Deputy Paul Murphy asked the Minister for Justice if she is aware of the recent criticisms by two organisations (details supplied) of the human rights abuses inherent in the Offences Against the State Acts and Special Criminal Court; and if she will make a statement on the matter. [34030/23]
View answerI am aware that a number of organisations including those referred to by the Deputy have raised concerns from a human rights perspective in relation to the Offences Against the State Acts and the operation of the Special Criminal Court.
As the Deputy will be aware, I published the majority and the minority reports of the Independent Expert Review Group appointed to examine all aspects of the Acts on 21 June last, following their consideration by Government.
Ireland’s obligations in relation to constitutional and ECHR rights and international law were among the matters that the Review Group was required to take into account alongside the threat posed by domestic and international terrorism and organised crime, and the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State.
It is clear from its reports that the Review Group approached its task with rigour, consulting widely including with organisations with a dedicated human-rights focus. Equally, as is illustrated by the divergence between the Review Group members on what should replace the Acts, particularly in relation to a Special Criminal Court, belief evidence and proscription, these are matters on which individual experts may hold different views. Where precisely the balance should lie as between on the one hand, implementing measures to counter the threats posed by paramilitary and organised crime groups, and on the other, respecting human rights and the rule of law is a complex matter and one that we, in common with other democratic states constantly grapple with.
It is important to say that anyone tried before the Special Criminal Court has the full range of procedural protections available to them, including appeals to the Court of Appeal and the Supreme Court.
I believe that the Offences Against the State Acts have stood the test of time for 80 years and it is important that we take the time to consider carefully how best to proceed. Given the importance of the Acts as the State's primary counter-terrorism legislation over many decades, any proposals for reform must be thoroughly considered and approached with the utmost care. It is, therefore, important that we take the time to consider how best to proceed. With this in mind, my Department has sought the views of relevant Government Departments, the Garda Commissioner, the Office of the DPP, the Courts Service and the Irish Human Rights and Equality Commission on the reports. The outputs from this consultative process will inform the preparation of a substantive response to the Review which I am committed to bringing to Government in due course.
