The Dáil has been advised that certain offences, such as managing an unlawful organisation or deliberately keeping crime-related information secret, should form part of the enduring criminal legislation, rather than being viewed as urgent measures. Ivana Bacik, leader of the Labour party, underlined offences included in annually reviewed and renewed legislations that tackle terrorism and gang crime.
The Dáil is set to vote to either extend or end the 1998 Offences Against the State (Amendment) Act and the 2009 Criminal Justice (Amendment) Act’s Section 8 on Wednesday evening. The State Offences Act, enacted after the Omagh bombing in 1998, limited the right to remain silent, extended a suspect’s detention period to 72 hours from 48, and made it illegal to involve oneself in leading an illicit organisation.
Introduced in the 2009 Criminal Justice (Amendment) Act, Section 8 reinstated the Special Criminal Court without a jury for cases involving gang crime. Bacik argued against the necessity of an annual vote on certain measures included in these Acts. She stated that it was high time that acts like leading a criminal gang or withholding key information are not viewed as urgent measures and placed permanently in the criminal legislation.
However, Justice Minister Helen McEntee stated that renewing these acts is absolutely crucial. Despite a reduction in the threat level from “severe” to “substantial” in Northern Ireland, she acknowledged the ongoing risk from militant groups. She pointed out that even though seven out of twelve voted provisions weren’t used in the past year, they remain crucial as their application fluctuates yearly.
McEntee further noted the significance of the Special Criminal Court in preventing crime families from manipulating jury trials, given the danger posed by such entities who will stop at nothing for their criminal pursuits. She concluded that she will be seeking advice from suitable state agencies regarding jury reform and enhancing the transparency of the Special Criminal Court’s operations, following the recommendations by an independent review group.
Sinn Féin’s spokesperson on justice, Pa Daly, has stated that despite a report from a review group started four years prior, there has been no consequential follow up. He highlighted that there are no justifiable legal, operational or moral grounds for this continuation. On the matter of the Minister’s plans, he criticised her for implementing outdated measures that are in clear need of updating, whilst failing to initiate vital reforms and enhancements that have been suggested by the government’s own assembled expert team. Daly voiced concerns that this appealed to the government’s perceived strategy of doing the bare minimum and later attributing emerging problems to political adversaries. On the ongoing issue of crime rates, Daly voiced concerns about communities having to deal with the prevalence of criminal gangs for another year as the Gardaí struggles with inadequate resources and lack of recognition.