DATE: 25^th June 2003
TOPIC: Offences Against the State Act

Mr. Cuffe: It is easy for those of us who in some way occupy the middle ground on issues such as this to argue very cogently and strongly for the continuance of the existing legislation under the Offences against the State Act to allow the Special Criminal Court to continue.  However, neither I nor my party takes that view, and we therefore oppose the resolution before the House this evening.

It reminded me of a decision that had to be made some eight or ten years ago when there was a very public and strong debate about whether Sinn Féin should be allowed the use of the public rooms of the Mansion House in Dublin for its Ard-Fheis.  Several of the issues that we are discussing are analogous to the kind of debate and discussion that went on then.  The view against allowing that party to use the round room of the Mansion House was that it was a very public space in this city and that it would send out the wrong signal, particularly to Unionists, to allow Sinn Féin to use those public rooms.  The decision was made at that time not to allow Sinn Féin to use them.  Looking back, my view is that the decision was wrong.  It was easy for those of us living a relatively comfortable existence to deny that group access to the public rooms of the city.

Similarly, today it would be very easy to use the example of Omagh and other atrocities to argue strongly for this legislation to continue.  However, times have moved on, and, as the ICCL points out, the state of emergency is over.  This review obviously has to happen at least annually, but for the Good Friday Agreement to prosper and to bring in the extreme elements on both sides of the violence that has torn apart this island over the last 30 years, we should drop the use of the Offences against the State Act in this instance.  It will send out a strong message to everyone who has an interest in the resolution of the conflict.

I certainly believe that there are - and, possibly, will continue to be - extreme situations where one can provide strong arguments for the continuation of this law.  However, on balance, the perpetuation or continued use of the Special Criminal Court is not the correct message to send out to the various groups and parties and everyone on this island.  I understand the harsh circumstances and examples that have been quoted this evening.  However, in this instance, it is important to move on publicly and meaningfully, sending out the right message to those watching.  I therefore oppose the resolution before the House and the Green Party wishes to state publicly that it does not want to see the use of the Special Criminal Court continue.  We believe that there is a human rights violation in non-jury trials, and we will therefore be opposing the resolution before the House.