Government set to renew Special Criminal Court despite review

Justice Minister Simon Harris cited "the continuing threat from dissidents, international terrorism and organised crime gangs" as reasons for renewing the court for another year

Minister for Justice, Simon Harris confirmed the review has completed its work and that department officials will bring its analysis of the report to the Government, with a view to publishing the review in June.

Justice Minister Simon Harris has said the Government will push to renew laws next month to continue the use of the Special Criminal Court for another year despite publishing an expert review on the future of the non-jury court days beforehand.

The minister confirmed the review has completed its work and that department officials will bring its analysis of the report to the Government, with a view to publishing the review in June. Mr Harris said that this will be done before the Oireachtas votes on renewing provisions in the Offences Against the State Acts and the Criminal Justice Acts.

But he told the Dáil that it was “clear” that the laws underpinning the use of the 'emergency' court should be renewed for another year.

“It is my intention to publish the review in advance of asking this House and the Upper House to pass the resolution in June," Mr Harris said. “I should also say that this report will take time to digest and to decide the course of action. What is clear and does not require any time is the need to renew the resolutions this June.” 

The minister said: “The clear security advice as Minister for Justice is that there continues to be an important role for the Special Criminal Court to play for all the reasons I outlined such as the continuing threat from dissidents, international terrorism and organised crime gangs.

“I believe the Special Criminal Court and the offence provisions need to be reviewed in this House next month.” 

He said he met the review chair, Mr Justice Michael Peart, on May 18 after the committee had completed its work, which had gone on for “more than two years”. 

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The review group, comprising Mr Justice Peart and five other experts drawn from law, legal academia and civil service, began its work in March 2021.

In its interim report published three months later, Mr Justice Peart indicated that a final report should be due by April 2022. There were subsequent statements in the Oireachtas pointing to a due date of September 2022.

Figures published in the Irish Examiner last year showed a five-fold rise in the previous three years in the use of ‘crime gang’ legislation, under which any prosecutions are automatically sent to the SCC, unless the DPP directs otherwise.

The surge in arrests against organised crime groups is in contrast with a sharp reduction in prosecutions, under the Offences Against the State Act, against subversives.