Fianna Fail MEP Mr Niall Andrews has criticised comments by the Green MEP, Ms Patricia McKenna, questioning the continuation of the non-jury Special Criminal Court. She had been speaking in a debate on a European Parliament report on human rights.
Mr Andrews said neither the Constitution nor the Offences Against the State Act provided that a Special Criminal Court should be established just to hear paramilitary-related cases.
"There are only two aspects in which the Special Criminal Court differs from the ordinary court. Firstly, there is no jury. Secondly, instead of one judge there are three judges.
"In every other respect there is no difference. The same rules of evidence, legal representation, and so on, apply, and of course the decisions of the court are reviewable by the Court of Appeal."
He pointed out that in the Joseph Kavanagh v Irish Government case it was made clear that the DPP is free to give direction, in accordance with the Offences Against the State Act, that a person may be tried in a Special Criminal Court where the DPP is satisfied that the ordinary courts are inadequate to secure the effective administration of justice. As examples of this he instanced murder cases, organised crime, drug trafficking, and/or related hideous crimes.