Offences including directing an illegal organisation or withholding information on a crime should be in the “permanent criminal code” and not treated as emergency provisions, the Dáil has heard.
Labour leader Ivana Bacik highlighted offences that are part of legislation debated and renewed annually dealing with terrorism and gangland criminal organisations.
The Dáil will vote on Wednesday night on whether to renew the 1998 Offences Against the State (Amendment) Act and Section 8 of the 2009 Criminal Justice (Amendment) Act.
The Offences Against the State Act was implemented following the 1998 Omagh bombing and curtailed the right to silence, extended a suspect’s detention from 48 to 72 hours and created the crime of being involved in directing an unlawful organisation.
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Section 8 of the Criminal Justice (Amendment) Act 2009 reintroduced the non-jury Special Criminal Court for gangland crime cases.
Ms Bacik said there should be no need for an annual vote on some of the provisions in the Acts. “It is long past time that offences such as directing a criminal organisation or withholding information are seen as emergency provisions, when they should be in the permanent criminal code.”
Minister for Justice Helen McEntee said, however, that “the renewal of these acts is absolutely essential”.
Introducing the debate, she welcomed the lowering of the threat level in Northern Ireland from “severe” to “substantial” but said this still meant “an attack is likely. Regrettably, there remains a real and persistent threat from paramilitary groups.”
Seven of 12 provisions being voted on were not used in the past 12 months but that “does not mean it is redundant or unnecessary. The usage of different sections can vary from year to year,” Ms McEntee said.
The Special Criminal Court aimed to “guard against the possibility of interference with jury trial by ruthless criminal groups who seek to behave as though they are beyond the law” and “that imperative remains” because of “the threat that society and the criminal justice system face from groups who will stop at nothing in pursuit of their criminal activities”.
The Minister added that, following the recommendation of the independent review group, she would be consulting relevant State agencies on the issue of jury reform and the need to improve transparency around the operation of the Special Criminal Court.
Sinn Féin justice spokesman Pa Daly there had been a report from the review group established four years ago “but no consequential actions have been taken”.
He said “there is no legal, operational or moral reason for this to continue”. The Minister is bringing forward outdated measures she knows need improvement, but is not introducing the “sorts of reforms and improvements demanded” and recommended by the expert group the Government itself established.
“It suits the Government to do as little as possible and then blame political opponents for the issues that arise.”
Mr Daly added that “in the meantime, we have another year where communities face the scourge of criminal gangs, and gardaí feel under-resourced and under-appreciated”.
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