Criminal Justice Bill - Clarity must be secured

The Garda Representative Association (GRA) has welcomed the latest initiative to face down gangland crime, but it has reservations about the possible constitutionality of the legislation. Since the Dáil passed the Criminal Justice Bill last week, Minister for Justice Dermot Ahern has admitted that there is “an awful lot of confusion” about the use of a garda’s opinion in evidence.

Under the Offences Against the State Act, the Special Criminal Court could accept the opinion of a Garda chief superintendent that an accused was in a terrorist organisation. Under the latest legislation, an ordinary garda could give an opinion about the existence of a criminal gang, and it would be for the court to decide what weight to give to that evidence.

In the first instance that chief superintendent would essentially be voicing the collective opinion of the force, whereas the lone garda would merely be voicing a personal opinion. The GRA fears the court might demand more. Strong misgivings were voiced about the way the legislation was rushed through the Dáil. Most people desire strong action against the criminal gangs, but the latest legislation could become a snare if it is ruled unconstitutional and some criminal goes free.

It is therefore essential that there should be clarity in relation to the constitutionality of the bill. The Irish Examiner hopes the President will secure that clarity by exercising her prerogative in referring the bill to the Supreme Court.