Sinn Féin to abstain again from voting on Special Criminal Court

Members of the Garda Armed Support Unit outside the Special Criminal Court in Dublin: The court has been in operation on an emergency basis for more than 50 years.

Sinn Féin is due to abstain again on the renewal of the Special Criminal Court, with the party criticising Justice Minister Helen McEntee for bringing the “outdated” measures to the Dáil.

On Tuesday afternoon, the Dáil will debate a motion on renewing the provisions of both the Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009.

These motions provide for the extension of the Special Criminal Court for a further year.

The court has been in operation on an emergency basis for more than 50 years. It previously primarily focused on dealing with terrorism offences. However, in recent years it has shifted to dealing with organised crime prosecutions.

Sinn Féin’s justice spokesperson Pa Daly was critical of the Government’s failure to act on a recent review, saying the existing Special Criminal Court provisions were “outdated” and required improvements.

“With this renewal vote, once again this minister for justice is failing communities, failing the gardaí and failing to act,” Mr Daly said.

She is bringing before the Dáil measures which she knows are outdated, measures which she knows need improved and in doing so is failing to bring forward the sorts of reforms and improvements demanded by the expert panel which the Government itself has established.

Mr Daly accused Ms McEntee of sitting on her hands.

“We will not oppose the renewal but it is clear this is a massive opportunity missed. Rather than debating renewal again, we should be having a full and open debate on new proposals,” Mr Daly said.

“The public knows that these emergency powers are outdated and need to go, and the real question is where is their replacement.”

However, the Department of Justice said Helen McEntee would bring the results of a review into the Offences Against The State Act to Cabinet "in due course".

Ms McEntee last year published both the majority and minority reports of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts and has since been in discussions with bodies including the Garda Commissioner, the Office of the DPP and the Courts Service on the recommendations of that review.

The majority report recommended a new and improved non-jury court should be established to replace the existing Special Criminal Court, with stricter laws governing its use.

A department spokesperson confirmed the examination was now complete and would be brought to Cabinet.

"Consultations by department officials with key stakeholders on the recommendations have concluded and are informing the preparation of a substantive response to the review which the minister expects to bring to Government in due course,” the spokesperson said.