Call to amend political violence laws

The Law Society of Ireland, the organisation representing solicitors, has called for the repeal of many of the provisions of the Offences Against the State Acts.

In a submission to the Government-appointed Committee to Review the Offences Against the State Acts 1939-1998, which has been seen by The Irish Times, the society points out that the 1939 Act was introduced to deal with politically-related violence.

It adds that the establishment of the Special Criminal Court and subsequent amendments arose from the violence in Northern Ireland. This type of violence has dramatically declined, it says.

The committee to review these Acts was set up under the Belfast Agreement as part of a review of human rights provisions both North and South.

Its chairman is Mr Justice Anthony Hederman, and its members include Prof William Binchy of Trinity College; Dr Gerard Hogan SC; Mr Eamonn Leahy SC; the Assistant Garda Commissioner, Mr Pat O'Toole; and representatives of the Taoiseach and of various Government Departments.

The Law Society points out that the Special Criminal Court is increasingly being used to try crimes that have no connection with paramilitary activities. This is, according to the society, contrary to the intention of the legislation. While not advocating the immediate abolition of the court, it said it should only be used for the purpose for which it was set up, and expressed the fear that its routine use in other cases had led to the steady erosion of the right to trial by jury.

The society believes a number of the provisions of the Acts are in breach of obligations under the European Convention on Human Rights and/or the UN International Covenant on Civil and Political Rights.

It points out that the main 1939 Act was introduced before the drafting of these conventions and of the Universal Declaration of Human Rights in 1948.

"We also feel that most of the powers provided by these Acts are no longer necessary in the changed circumstances of today," it says.

The number appearing in the Special Criminal Court in 1996, the last year for which figures are available, was 14, compared to 228 in 1974.

The society is particularly critical of the 1940 amendment allowing for internment without trial, pointing out that it has not been used since 1959 and its use today would be in breach of the European Convention on Human Rights and the UN Convention on Social and Political Rights.

It calls for the immediate repeal of the Offences Against the State (Amendment) Act, 1940.

The society singles out a number of the sections of the various Acts which it believes are clearly outdated and in breach of international human rights conventions or the Constitution.

The submission includes extensive criticism of section 30 of the Act, which allows a Garda to stop, search, question and detain for 24 hours any person suspected of being involved in an offence.