The non-jury Special Criminal Court and the Offences Against the State Act are set to be repealed after more than 50 years in existence following the acceptance by the Minister for Justice of the recommendations of an expert review group.
Jim O’Callaghan told Cabinet colleagues this week that the emergency powers, introduced in 1972, had served the State well but an updated approach was needed for the modern security landscape.
The Act established the non-jury court as a counter-terrorism measure. However, following the Belfast Agreement in 1998, and the sharp decline in paramilitary-type offences, the court was used in recent years to try serious gangland cases.
However, the replacement of the legislation will not mean an end to non-jury courts. Mr O’Callaghan said that they remained necessary for certain cases and that had been a recommendation of the Independent Review Group, chaired by Mr Justice Micheal Peart.
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“Trial by jury is an important, though not unqualified, right under our Constitution,” said Mr O’Callaghan. “The review group proposal recognises, and it is clear to me as Minister for Justice, that a non-jury court remains necessary to try serious criminal offences in certain exceptional cases where the ordinary courts are inadequate,” he said.
While the new legislative framework is being developed, the Government agreed at its meeting this week to renew the emergency Act for a further year.
The recommendations of the majority report include the repeal of the Offences Against the State Acts and to re-enact select elements in replacement legislation.
[ Offences Against the State Act: Is it still needed?Opens in new window ]
They also include the establishment of a new non-jury court to try serious criminal offences where the ordinary courts are inadequate to secure the effective administration of justice.
The Offences Against the State Acts are Ireland’s primary counter-terrorism legislation and provide the legislative basis for the non-jury Special Criminal Court. The Independent Review Group recommended the repeal of the Act in its 2023 report and their replacement with a modern legislative framework.
“Given the importance of the Acts over many decades, proposals for reform must be thoroughly considered and approached with the utmost care. This is to ensure we do not do anything to undermine the efforts of the authorities with responsibility for countering terrorism and organised crime,” said the Minister.
Sinn Féin TDs opposed the annual renewal of the emergency powers for many years in the Dáil but in recent years, the party has abstained pending the outcome of the review.
