Why we dissented from recommendations of the review group on the Special Criminal Court

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Why we dissented from recommendations of the review group on the Special Criminal Court
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Why we dissented from recommendations of the review group on the Special Criminal Court via IrishTimesOpEd

The doctrinal analysis on which the majority report is largely based has some value. It provides a useful and authoritative basis upon which to deliberate further. While we disagree with our colleagues fundamentally on certain points, we believe that our minority report adds to the choices to be considered by the Oireachtas in replacing the Offences Against the State Acts .

This may have been different had the reports been published by Government even a few more weeks ahead of the renewal debate, but the fact that there was no discernible political demand for earlier publication — apart from that made by non-governmental organisations like ICCL — is an indication of the degree of interest on the part of parliamentarians in the details of the review process and, indeed, in reform of the OASAs themselves.

We found no reason to explain why the PSNI is able to secure convictions for membership offences in Northern Ireland without recourse to belief evidence — while An Garda Síochána continues to insist upon the need for such evidence to be admitted in the South Irish exceptionalism is unexceptional. So-called emergency powers have a nasty habit of becoming permanent everywhere. But we can learn from successful endings of exceptional powers in other jurisdictions too. In the face of police opposition, the UK repealed its controversial counter-terrorist power of suspicionless stop and search. The Independent Reviewer of Terrorism Legislation,: “Sometimes powers appear necessary but it is possible to make do without them after all.

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