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Government accepts OASA reform plans

Justice minister Jim O’Callaghan has told Cabinet that he accepts in principle of the majority recommendations of the Independent Review Group’s 2023 report on the Offences Against the State Acts.

He said that an updated approach was now required to fit the modern security landscape.

The Government has also accepted the need to renew existing security-related legislative provisions while new proposals are being developed.

The majority report recommends the repeal of the Offences Against the State Acts and the re-enactment of selected provisions in replacement legislation.

It also proposes the establishment of a new standing non-jury court to try serious criminal offences where the ordinary courts are deemed inadequate to secure the effective administration of justice.

The Offences Against the State Acts are Ireland’s primary counter-terrorism legislation and underpin the operation of the non-jury Special Criminal Court.

Modern threats

The Independent Review Group, chaired by former Court of Appeal Judge Mr Justice Michael Peart, was established in February 2021 to examine the legislation in the context of modern threats, legal obligations, and human-rights standards.

Minister O’Callaghan stated that, while the acts had served the State well, an updated legislative framework was required.

He said the continued necessity for a non-jury court in certain exceptional cases was recognised by most of the review group and the Government.

'Not an unqualified right'

“Trial by jury is an important, though not unqualified, right under our Constitution.

“The Review Group proposal recognises, and it is clear to me as Minister for Justice, that a non-jury court remains necessary to try serious criminal offences in certain exceptional cases where the ordinary courts are inadequate,” he said.

The minister also announced that he would bring resolutions before the Oireachtas in the coming weeks to renew key provisions of the Offences against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009, which are due to expire on 29 June.

These provisions include measures to combat terrorism and organised crime, and ensure continued support for An Garda Síochána in investigating and prosecuting serious offences.

The Independent Review Group's main recommendations include:

• Repeal of the Offences Against the State Acts, with selected elements to be re-enacted,

• Establishment of a new non-jury court to replace the Special Criminal Court,
• Consideration of consolidating of all legislation dealing with terrorist offences.

The 2009 amendment act put in place legislative measures to tackle organised crime, including scheduled offences.

The minister will bring the required resolutions to the Oireachtas in the coming weeks.

Non-jury courts concern ICCL

The Irish Council for Civil Liberties (ICCL) welcomed the news that the minister intended to repeal the acts, but it said that it was “deeply concerned” about the Government’s plans to retain a permanent non-jury court. 

The organisation described it as “essential” that the Government responded to the recommendations of both reports from the review group – including the “significant” human-rights concerns raised in the minority report. 

“One of the reasons often given for a non-jury court is the risk of jury tampering. Yet there are clear measures that can be taken to protect jurors including anonymous juries, screening juries from public view and using video links to juries in different locations,” the ICCL said. 

“Ireland’s routine reliance on non-jury courts with diminished procedural safeguards makes it an outlier and undermines the credibility of our legal system,” it concluded.