Justice minister seeks to extend laws governing the Special Criminal Court

Heather Humphreys will renew the special counter-terrorism court legislation while the first review of it in two decades continues

Heather Humphreys has said the Special Criminal Court has 'served the State well in tackling organised crime and the subversive threat'. File Picture: Gareth Chaney/Collins

The justice minister is to seek Cabinet approval to renew the laws underpinning the Special Criminal Court.

Heather Humphreys will seek to renew the Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 for a further year. The legislation must be renewed every year and was passed last year when Sinn Féin, in a policy shift, abstained from the vote on the basis that the laws be reviewed.

Peart report imminent

Earlier this year, former High Court and Court of Appeal judge Michael Peart was asked to chair the review of the Special Criminal Court and Ms Humphreys is expected to receive an interim report from his group in the coming weeks. The group is required to outline a timeline for the completion of its work, expected to take more than six months to complete. 

This will be the first review in two decades of the court, which was established as a temporary measure 49 years ago. A yearly review of the laws is committed to in the programme for government.

Court 'seved the State well'

Ms Humphreys has said the acts and the non-jury Special Criminal Court have "served the State well in tackling organised crime and the subversive threat" and that, while the threat of terrorist activity remains, the "continuance in force of the particular provisions of the 1998 Act" is warranted.

The Criminal Justice (Amendment) Act 2009 was enacted in July 2009 to ensure that certain serious organised crime offences are tried in the Special Criminal Court unless the DPP directs otherwise. This directive was made to guard against the intimidation of jurors or potential jurors in particularly serious cases.

Garda Commissioner Drew Harris has said the court provides "an essential service" but said the review "does not concern" him.

The Seanad last year passed the renewal, but Independent senator Mary Alice Higgins said that "the renewal of this Act is not certain" this year.

Cabinet to discuss Louise O'Keeffe report

Cabinet will also discuss a report into the implementation of the findings in the Louise O'Keeffe case. The European Court of Human Rights ruled in 2014 that the Irish State had failed to protect Ms O'Keeffe from sexual abuse while aged nine at Dunderrow National School in Co Cork in 1973. 

The judgment obliged the State to offer redress to people who were similarly abused. However, that scheme was criticised as "an inherent inversion of logic" and reviews of its replacement delayed a number of times.