FINE GAEL and Labour are likely to back measures for non-jury trials in gangland crime cases but their justice spokesmen have accused Minister for Justice Dermot Ahern of rushing the legislation through before the summer recess in two weeks’ time.
Sinn Féin, meanwhile, will oppose the Criminal Justice (Amendment) Bill 2009. The Irish Council for Civil Liberties (ICCL) has accused the Minister of showing “a flagrant disregard for Ireland’s international human rights obligations”.
At a press conference in Leinster House, Mr Ahern said the Bill had been approved at a special 45-minute meeting of the Cabinet devoted to the subject yesterday.
“What we are proposing is that the powers that have been available to combat subversive organisations will now be applied to criminal gangs,” he said.
The Bill proposes a new offence of directing a criminal organisation, which will be one of a number of new scheduled offences under the Offences Against the State Act.
“They will be tried in the Special Criminal Court, unless the Director of Public Prosecutions otherwise directs,” he said. Seven-day detention of suspects would also be applicable.
“The Government has been briefed by the Garda Commissioner on the significant increase in the intimidation of jurors and witnesses by criminal gangs,” the Minister said.
Fine Gael justice spokesman Charlie Flanagan said later: “I would be concerned at legislation being rushed through the Dáil in the manner now proposed.
“I have repeatedly indicated that Fine Gael would support legal provisions that will bring an end to gangland killings and reduce the prevalence of organised crime in society. We will be supporting the Bill at second stage and will need an opportunity to tease out certain matters at committee stage.” Mr Flanagan said.
Labour’s justice spokesman Pat Rabbitte said: “It’s no way to make law. All of these measures are complex and important . . . There is an element here of seeking to wrong-foot the Opposition.”
He continued: “This is a significant change in the criminal law. If this Bill makes it more likely that the gangs will be put out of existence, it will have the support of the Labour Party.
“Expecting the Dáil to rubber-stamp legislation that is such a departure from the normal criminal procedure is not really an acceptable way to make law.”
Despite these reservations, he expected Labour would vote for the legislation: “I think that’s probable but that’s an opinion before I have studied the Bill in the way that is necessary.”
Sinn Féin justice spokesman Aengus Ó Snodaigh called for “less laws, more action”.
“Sinn Féin will be opposing any extension of the Special Criminal Court and emergency provisions while other laws exist which we believe can tackle the majority of the problems that the Minister has highlighted,” Mr Ó Snodaigh said.
ICCL director Mark Kelly said: “In a matter of weeks, the United Nations’ top human rights experts will call upon the Minister’s senior officials to justify the continued existence of the Special Criminal Court; in these circumstances, for Dermot Ahern to moot the expansion of the court shows a flagrant disregard for Ireland’s international human rights obligations.
“If we are to effectively tackle gangland crime, gardaí must be placed in a position to fully enforce existing criminal laws, especially in cases where attempts are made to intimidate key witnesses. The emphasis should be upon intelligence-led and community-based policing coupled with improved witness protection.”