Sinn Féin leadership tables motion in support of non-jury courts ahead of Ard Fheis

The move represents a significant u-turn for the party, which has long called for the abolition of the Special Criminal Court

Sinn Féin Party Leader Mary Lou McDonald’s Presidential Address will be broadcast live from 5pm tomorrow. File Picture: Gareth Chaney/Collins Photos

The Sinn Féin leadership has tabled a motion in support of non-jury courts to be voted on in tomorrow's party Ard Fheis.

If the motion is passed, it will see Sinn Féin, if in government, commit to the option for non-jury courts where required "in exceptional circumstances where a normal jury process could not proceed due to fears of intimidation or interference," according to a statement.

The motion was labelled "a significant move by the party leadership" and represents a considerable shift in position. The party had called for the court to be abolished as far back as 2002, and in the 2016 election, pledged to “repeal the Offences Against the State Act”.

Sinn Féin's 2020 manifesto did not call for the court to be wound up and it abstained on a vote to extend the act in June of this year, with Sinn Féin TDs walking out of the chamber.

Party sources said that the current review of the Special Criminal Court has paved the way for a shift in policy, and that the party would accept the recommendations made.

"At the last election we called for a review of emergency powers and the operation of the Special Criminal Court," they said.

"Then-Minister for Justice Charlie Flanagan agreed to this request last year and the review team will report in the Spring of next year. We have made a detailed submission to the review and this is reflected in the motion before the Ard Fheis.

"It makes clear the sort of robust criminal justice system which we believe is required to tackle the scourge of criminal gangs and which a Sinn Féin government would seek to put in place."

The motion, which will be voted on by delegates tomorrow states that Sinn Féin: "Agrees with the Irish Council for Civil Liberties and other human rights bodies that the Special Criminal Court as currently constituted has no place in a modern criminal justice system" and considers the 80-year-old Offences Against the State Act to be an "archaic and outdated legal framework that is incapable of tackling 21st-century serious organised crime".

The motion adds that "exceptional circumstances" must be met and involve independent human rights oversight to protect the integrity of the process and the human rights of any person tried before such a court.

Several human rights organisations - including the United Nations, Amnesty International and the Irish Council on Civil Liberties (ICCL) - have all voiced serious opposition to the court. The UN has repeatedly criticised the practice.

The right to a jury trial is guaranteed in the Irish Constitution.

Sinn Féin will hold their annual Ard Fheis in The Helix in Dublin City University (DCU) tomorrow. The overall theme of the Ard Fheis this year is 'Time for Change', and it "takes place at a time when Sinn Féin are leading change across the island," a statement from the party said.

Join us LIVE on Saturday 30 October from 10am-6pm for the Sinn Féin Ard Fheis 2021 - Time for Change. Tá sé in am don Athrú.@MaryLouMcDonald's Presidential Address will be at 5pm.

Watch the full Ard Fheis LIVE on Facebook, YouTube and Twitter. #ArdFheis21 #Time4Change pic.twitter.com/sI5bGcocmW

— Sinn Féin (@sinnfeinireland) October 28, 2021

Among the motions to be voted on are "to put workers and families first and to deliver real change - to build homes, to address the crisis in our health service, to tackle the cost of living and to start planning for Irish Unity."

The operation of the Ard Fheis will be as close to that of a typical Ard Fheis as possible, according to the party. However, it will be in "full compliance" with public health guidelines, with masks and social distancing in place. The number of delegates in attendance will also be reduced and the event itself will only run for one day rather than two.

Sections will be opened by keynote speakers and delegates will debate the relevant policy motions. In order to comply with Covid-19 regulations, there will be no third-party stalls at the Ard Fheis.

Mary Lou McDonald’s Presidential Address will be broadcast live from 5pm.