McAleese warned of legal pitfalls as justice law signed

Opponents of controversial blasphemy and anti-gangland laws warned of pitfalls in the legislation today signed into law by President Mary McAleese.

After convening the Council of State to debate laws for the fifth time in her 12 years in office, the President found the reforms were constitutional.

The decision avoided a Supreme Court ruling for the Government.

But the Irish Council for Civil Liberties warned the State will face legal challenges when prosecutors attempt to use the tough anti-crime laws in court.

Director Mark Kelly said: “The ICCL respectfully notes that the President has chosen to avoid the ’nuclear option’ of referral to the Supreme Court; however, this Act remains riddled with legal pitfalls.

“Any attempt to invoke some of its more contentious provisions, such as secret detention hearings, or the use of uncorroborated Garda evidence to establish facts central to a prosecution, is bound to provoke further legal challenges to its constitutionality.

“The ICCL regrets that our statute book now includes yet another deeply-flawed criminal justice law, which does nothing to improve life for the victims of gangland crime.”

Some 130 of the country’s top lawyers had argued for a re-think on the Criminal Justice Bill as it was rushed through both Houses of the Oireachtas in the weeks before the summer recess. They claimed Ireland would be shamed by it in the eyes of the international community.

It allows for gangland suspects to be tried in the non-jury Special Criminal Court and paves the way for “opinion evidence” from Garda members to be used as part of gangland court cases. Officers will be asked to tell judges their experience of gangs in local areas.

The Defamation Bill, which reforms the State’s outdated libel laws, also became law. It contains a contentious clause on blasphemous libel which opponents complained would open the doors for a wave of lawsuits from religious fundamentalists.

But Justice Minister Dermot Ahern said it was vital the tough new crime laws are adopted to tackle the threat from gangs.

“Make no mistake – the fight against the activities of these gangs is going to be long and has to be waged relentlessly,” he said.

“But I am satisfied that the ability of the gardai to tackle the gangs head on has been greatly improved by these measures. I know that the gardai are determined to use these provisions to the full.

“These measures represent very important changes in our criminal law in favour of ordinary law-abiding people.”

On defamation, Mr Ahern said: “Modernisation of our defamation law is now complete on the enactment of the Bill. I believe the legislation in what is a complex area strikes the right balance in the public interest.”

It was the fifth time since Mrs McAleese took over at Aras an Uachtarain in 1997 that she has called in the Council of State over concerns about proposed laws.

On one occasion, the President – herself a distinguished lawyer – refused to sign the Health (Amendment) Bill into law in 2002 after the Supreme Court found parts of it were unconstitutional.

On two occasions she decided to sign contested Bills after consultation and on another occasion she signed the Bill into law after the Supreme Court ruled it was constitutional.

Bills must be signed by the President after going through both the Dail and Seanad before they become law.

The 22-member Council of State is made up of the most senior serving and former office holders to advise the President on whether a law is constitutional.

It includes Taoiseach Brian Cowen, Tanaiste Mary Coughlan, Chief Justice John L Murray, President of the High Court Richard Johnson and Attorney General Paul Gallagher.

Former President Mary Robinson and five ex-Taoisigh – Liam Cosgrave, Garret Fitzgerald, Albert Reynolds, John Bruton and Bertie Ahern – are automatically members.

Members appointed by the President are Colonel Harvey Bicker, Anastasia Crickley, Mary Davis, Martin Mansergh, Enda Marren, Professor Denis Moloney and Daraine Mulvihill.