McDowell defends use of Special Criminal Court

Minister for Justice Mr McDowell today defended the use of the Special Criminal Court against what he described was "an agenda of evil" determined to bring Northern Ireland to a state of "undeclared civil war".

Unveiling the report by the Committee to Review the Offences Against the State Acts, Mr McDowell said jury courts were fundamental to the values of the constitution but "the safety of the people is the supreme law".

The Minister said the court had to be seen in the context of a paramilitary threat.

Mr McDowell said it was hoped a time would come where jury trial would be the sole means of adjudication.

The report contains a variety of legal opinion but a minority of experts claim there is no reasonable justification for the "continued existence of the Special Criminal Court."

They say the arguments in support of the existence of the court "do not stand up to scrutiny in the light of constitutional values and human rights norms."

They also say that it is unreasonable to claim "in contrast to other common law jurisdictions such as the US, England and Australia, Irish social conditions are so perilous as to warrant dispensing with jury trial".

Mr McDowell said there were a number of divergent views held in the report and he hoped it would initiate a public debate.

However he said it was too soon to come to any conclusions about the future of the Special Criminal Court.

The Government undertook to review all aspects its emergency legislation and the workings of the Special Criminal Court as part of the Belfast Agreement.

Today’s report by the review group is part of that undertaking. The Minister said the report requires careful consideration and that he would bring proposals to the Government in due course.