Non-jury court may need referendum – ICCL
The Irish Council for Civil Liberties (ICCL) has warned that Government plans to replace the Special Criminal Court with a permanent non-jury court may require a referendum.
Justice minister Jim O’Callaghan told Cabinet last month that he accepted, in principle, the majority report of the Independent Review Group’s 2023 report on the Offences Against the State Acts.
The minister said that the continued necessity for a non-jury court in certain exceptional cases was recognised by most of the review group and the Government.
‘Live question’
In a statement issued ahead of a Dáil debate on the issue, the ICCL called on the minister to clarify whether he planned to hold a referendum to amend the Constitution before proposing legislation creating a permanent non-jury court.
“Whether it is possible or appropriate to create a permanent non-jury court without amending the Constitution is a live question,” said ICCL executive director Joe O’Brien.
He pointed out that the review group’s minority report had described doing so as “constitutionally inappropriate”.
Consultation
“We are keen to hear from the minister whether he has sought legal advice on this question and, if he has, what that advice says,” added O’Brien.
The ICCL also referred to an announcement from previous minister Helen McEntee that she would consult key stakeholders on the Government’s plans.
It has asked what the outcome of this process was, and if the minister plans to publish any further report arising from this consultation.