Pringle calls for abolition of Special Criminal Court, calling it ‘clearly unconstitutional’

By Thomas Pringle
Updated: 29th June 2022

Independent TD for Donegal, Thomas Pringle, said the Special Criminal Court must be abolished, calling it, “clearly unconstitutional”.

Addressing the Dáil today to oppose continuance of certain provisions of both the Offences against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009, Deputy Pringle also called for comprehensive reform of the justice and court systems.

Deputy Pringle said: “I think it’s a farce that we are forced to debate and extend these Acts year after year. It completely undermines the House and it completely undermines our justice system to continuously keep working off emergency legislation on a permanent basis.”

The deputy took issue with other speakers’ remarks on the importance of the Special Criminal Court as a deterrent to certain types of crime, saying, “The Special Criminal Court has been here for 50 years and these crimes are still ongoing, so obviously the court isn’t a deterrent.”

The continued operation of the Special Criminal Court has been widely condemned, he said.

The deputy said: “The Irish Human Rights and Equality Commission has recommended the abolition of the Special Criminal Court due to the significant human rights and equality concerns associated with it and the Offences Against the State Act. They believe the ordinary courts are adequate to secure the effective administration of justice.

“The Irish Council for Civil Liberties also outlined human rights issues as well as constitutional issues in relation to the Offences Against the State Act and the operation of the Special Criminal Court,” and called the right to trial by jury “a fundamental right of every accused person as guaranteed by Article 38.1 of the Constitution,” he said. The Special Criminal Court, however, operates without a jury and is instead composed of three judges.

Deputy Pringle said: “This is clearly unconstitutional and creates a situation of inequality before the law,” adding, “Everyone should have the right to a trial by jury. There is no reason why people who are tried in the Special Criminal Court could not be convicted in ordinary courts.”

He cited the most recent report by the Minister for Justice, which stated that the primary security threat in the State remains the threat from republican paramilitary groups.

Deputy Pringle said: “However, earlier this year the Secretary of State for Northern Ireland himself announced that the Northern Ireland-related terrorism threat level in the North had been lowered. Why then is it necessary to continue extending this legislation year after year?

“There are many ways in which we could properly reform our criminal justice system. Unfortunately, in my time as TD, and a member of the Justice Committee, I have seen no real push or commitment to the type of reform needed in this country.

“We need comprehensive reform of our justice system and court system,” Deputy Pringle said.

He said a Justice Committee meeting earlier this week discussed a bill on data retention that did not define the term “security of the State”. The reason given was that because there was no explanation of the term in the Offences Against the State Act, there would not be one in the data retention bill.

Deputy Pringle said: “The ‘security of the state’ can mean whatever it wants at the time, and so anybody can be brought in before the Special Criminal Court.”