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LABOUR TDS, INCLUDING Joan Burton, voted against legislation to enhance the powers of the Special Criminal Court seven years ago.
A record of the Dáil vote on Friday, 10 July 2009 shows that several current Labour TDs, including the Tánaiste, voted against the final stages of the Criminal Justice (Amendment) Bill 2009 brought forward by then justice minister Dermot Ahern.
The legislation introduced additional measures specifically aimed at combating organised crime, including allowing the non-jury Special Criminal Court to hear cases involving specific organised crime offences, unless the DPP directed otherwise.
The measures were proposed by the then Fianna Fáil-led government in response to the murder of Limerick businessman Roy Collins in April 2009. Wayne Dundon and Nathan Killeen were later convicted of the murder in the Special Criminal Court.
Labour has been extremely critical of Sinn Féin’s opposition to the three-judge court in recent days following two shootings in north Dublin that have renewed concerns about gangland warfare in the capital.
Responding to the most recent shooting on Monday, Burton said: “Communities must be protected from these brutal criminals who have no interest in the rule of law, only their own selfish interests.”
We need to have adequate procedures in place to deal with gangland criminals, including the Special Criminal Court.
This morning, Burton called on Sinn Féin leader Gerry Adams to apologise to the Irish people, victims of crime and their relatives for supporting abolition of the court.
Despite not opposing the court’s existence, Burton was among the Labour TDs to side with Sinn Féin by voting against the widening of the court’s focus from subversive activities to organised crime, in the final Dáil vote on legislation seven years ago.
Other deputies, who are standing for re-election this month, also voted against the legislation. These included Brendan Howlin, Kathleen Lynch, Jan O’Sullivan, Willie Penrose, Joanna Tuffy, Joe Costello, Ciarán Lynch, Seán Sherlock and Emmet Stagg.
Retiring TDs Eamon Gilmore, Pat Rabbitte, Jack Wall and Ruairí Quinn also opposed the legislation on the final vote.
During the Dáil debate, Costello was among the Labour TDs to call into question the use of non-jury courts. The Dublin Central deputy described jury trial as “a cornerstone of the criminal justice system”.
He said he represented a constituency, Dublin Central, where there was a significant amount of gangland crime, but that there had been no calls from either the local drugs task force or the community policing forum to abolish juries.
Labour’s then-justice spokesperson Pat Rabbitte expressed scepticism about claims that jury intimidation necessitated the use of the court for gang-related crime:
What is special about the Special Criminal Court is that it sits without a jury, and there is one justification only for a non-jury court, that is, where jury members are being intimidated. There is no evidence that jury members are being intimidated.
In response to queries from TheJournal.ie today, a Labour spokesperson insisted that the party did not oppose the principle of the use of the court.
“We firmly believe the Special Criminal Court is absolutely necessary in specific instances, such as the recent shootings,” they said.
The principal argument put forward by our then justice spokesperson, Pat Rabbitte, at the time was that cases should not go automatically to the Special Criminal Court, but could be referred by the DPP if he/she believed intimidation of jurors or witnesses was likely.
However, the party added that “in the intervening period” it has “become absolutely clear” that such a court is needed to deal with organised crime “because of the potential for intimidation of jurors, among other reasons”. They added:
Sinn Fein is blindly refusing to acknowledge this because the court has convicted one of its own, the so-called “good republican”, Thomas Slab Murphy.
Labour also pointed out that it had supported the Bill at second stage in the Dáil as the party had “no opposition to the broad thrust of it”.
The spokesperson said that Labour’s opposition to the final stages of the Bill was because of the ”significant frustration that such an important piece of legislation was being guillotined without extensive debate”.
Fine Gael had also raised frustration with the curtailing of the debate, but supported the passing of the legislation in the final Dáil vote.
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Jaysus, that picture of Joan will give me nightmares tonight!!
That photo reminds me of the doll used in the movie Saw. She just needs a tricycle and a red swirl on each cheek.
She has a voice to match the face.
Jasus Bob I think she looks well in that pic did you see the pic yesterday
Is that pic not one of the Apres Match lads?
Oh how embarrassing ………. It keeps stacking up…
Hilarious. Isn’t this what labour have done for last 5 years in government. Had hypocritical to the list. The spokesperson said that Labour’s opposition to the final stages of the Bill was because of the ”significant frustration that such an important piece of legislation was being guillotined without extensive debate”.
Add hypocritical.
Pat Rabitte when he was Labours justice spokesman:
“What is special about the Special Criminal Court is that it sits without a jury, and there is one justification only for a non-jury court, that is, where jury members are being intimidated. There is no evidence that jury members are being intimidated.
Papa, yes… lol.
https://www.facebook.com/photo.php?fbid=655637591211030&set=pb.100002943854137.-2207520000.1455128868.&type=3&theater
Hugh loves articles throwing Labour under a bus. (which i have no objection). But one wonders why? Looks like he’s given a Blueshirt mandate to get them dumped and suggest Fine Gael cosy up to Fianna Fail instead. Perish the thought.
I wonder if the Jornal are having an internal competition as to who can attach the most unflattering photo possible to any political story. I don’t disagree, however could we extend it to a reader competition too?
If you really hated Enda Kenny, but the only way to get rid of him was to sleep with JB, would you do it?
Related reading for those interested in the sort of thing
http://johnpilger.com/articles/freeing-julian-assange-the-last-chapter
2009
the year Mary Lou condemned the Vatican abuse cover up
1996 – The year Michael Noonan knew about the foster home abuse in the South East going by his own admission of 20 years.
Love the DDD from the brainless wee footsoldiers.
Ah Yuuuuuccccckkkkk
Spot on & papasmurf, can’t stand her moaning whingy voice. Just like that incompetent minister for transport. I’d stick a sock in their whingy mouths, if I was stuck in a broken lift with them.
Every picture of joan gives me nightmares
She is a horrible looking yoke.
““Communities must be protected from these brutal criminals who have no interest in the rule of law, only their own selfish interests.” say Ms Bruton as she and the cabinet close down garda stations all over the country.
Well this is embarrassing.
Opposed extending the powers of the SCC, not its existence.
Clearly 2 different things.
Still not getting away from the fact that it’s embarrassing though
No, it’s embarrassing.
Not a bit sure they allways change there minds. Collage fees, water , an what about child allowance. ??
Won’t be hearing much from them now on the s.c.c after this article. As the Irish Council for Civil Liberties said in a statement on Monday on Ireland’s international human rights obligation to abolish the Special Criminal Court,
“it noted with regret that the weekend’s appalling attack at the Regency Hotel in Dublin was now being used by some electioneering politicians to buttress their claims that Ireland still needs an emergency court.”
The usual suspects wouldn’t you know.
Filth politics 101 – Never waste a good crisis.
@ dermo: “Opposed extending the powers of the SCC, not its existence. Clearly 2 different things.”
Pat Rabitte, when he was Labours justice spokesman..
What is special about the Special Criminal Court is that it sits without a jury, and there is one justification only for a non-jury court, that is, where jury members are being intimidated. There is no evidence that jury members are being intimidated……
…No evidence has been adduced in today’s debate to indicate intimidation of jurors. I have taken great care to check that fact with a range of practitioners and others who should know. I am in contact with people involved at all stages in the public prosecution system, both in Dublin and throughout the country. They include gardaí, State lawyers and defence lawyers. However, I cannot identify from all those contacts a single case where it is argued that jury members were intimidated or at serious risk of intimidation…..
..The Special Criminal Court is not a sentencing tribunal. It does its business like any other court. The only difference is that there are no jurors. The only justification for that is if juries are being intimidated. We do not have that evidence and the Minister has presented no such evidence…..
…This Bill is about asking the Oireachtas itself, without any relevant information given to it by Government, without any committee hearings or reports, to arrive at a fundamental decision encroaching on basic constitutional rights and violating basic international human rights norms…..”
And the kicker…
“What is special about the Special Criminal Court is that it sits without a jury, and there is one justification only for a non-jury court, that is, where jury members are being intimidated. There is no evidence that jury members are being intimidated……
…No evidence has been adduced in today’s debate to indicate intimidation of jurors. I have taken great care to check that fact with a range of practitioners and others who should know. I am in contact with people involved at all stages in the public prosecution system, both in Dublin and throughout the country. They include gardaí, State lawyers and defence lawyers. However, I cannot identify from all those contacts a single case where it is argued that jury members were intimidated or at serious risk of intimidation…..
..The Special Criminal Court is not a sentencing tribunal. It does its business like any other court. The only difference is that there are no jurors. The only justification for that is if juries are being intimidated. We do not have that evidence and the Minister has presented no such evidence…..
…This Bill is about asking the Oireachtas itself, without any relevant information given to it by Government, without any committee hearings or reports, to arrive at a fundamental decision encroaching on basic constitutional rights and violating basic international human rights norms…..”
And the kicker…
“The reason for that is nothing to do with preserving law and order but it has everything to do with populist demagoguery. Both the Constitution and international human rights law require us as legislators to determine in accordance with law, on a factual basis, whether the ordinary courts are adequate to enforce effectively the administration of justice and to preserve public order and peace. If we are satisfied on the evidence that ordinary courts are inadequate, because of jury intimidation or tampering, then we have the option to set up special courts but we must first have the evidence. The right to jury trial is not just a Constitutional right, it is enshrined in international human rights jurisprudence. In that regard, this country must be unique in that we established a human rights commission but once it was established we did not pay a blind bit of attention to it. “
(Ignore the repeated info, pasted twice from clipboard)
@ Diarmuid
” clearly 2 different things ”
not if you’re a SF member desperately seeking deflections
@Diarmuid.. Your splitting hairs.. We both know that they don’t give a sh!t and would jump on either side of the fence to gain some political traction.. Get real here
The used the phrase ” in the intervening period ” Yes in the intervening period they got their noses in the trough and all principals were set aside .
This just goes to show that Labour are full of fair weather politicians…..not a principled TD in the bunch, just a load of pocket stuffers.
To quote *pat rabbite* “Isn’t that what’s said at ELECTION TIME”
Max Wall comes to mind after seeing that photo?
@ james walsh
To quote *pat rabbite* put on the jersey and tog out and we’ll see what you bring to Leinster house
Labours hypocrisy is limitless – unlike their time in office thankfully. Yet more embarrassing revelations for phoney Joanne & her champagne socialist crew to defend – hilarious.
They’re some shower of amateurs
How many pieces of legislation did Burton and her labour liars guillotine through the Dail using there majority to ignore the opposition, two faced liar when it suits
Will Joan now apologize to Mary Lou for demanding Mary Lou apologize, or will she just waffle on about the recovery
Caaaaaan Oiiiiiiiii juuusssssst sssaaaaaayyyy
Jesus Hog… You’ve just done the impossible and got her to a tee through the medium of print…. Don’t do it again though… It’s a bit much… ;-)
As the ICCL have stated, human rights should not be used as a political football.
You are expecting honesty and consistency from a party staring disaster in the face? I presume the party had very good reason to vote against the measures – before they became Tories with red ties.
While cutting Gardaí NUMBERS???
Can ask Labour about the DSP using the 5M4339-Healthcare Support, Code 5N1433 Work Practice as an excuse to get the unemployed to work 37.5 hours a week for 12 weeks just to get their basic dole with nothing extra but if they miss a day it was a cut of 20 euros a day missed as well as a day to be worked then and refusal meant to be thrown off the dole for 9 weeks, a compulsory Momentum program where the DSP forced the unemployed to do it… I believe to play the CSO figures…
http://felixvitae.wordpress.com
And who was head of the DSP???
SF/IRA cut gardai full stop
The bill was brought in in the aftermath of the murder of Shane Geoghegan in 2008. Did labour not think that murder warranted the special criminal court?
Actually, it didn’t and Barry Doyle was convicted by a jury.
@ Anne Marie Devlin
Gerry Adams apology re Jerry Mccabe was made in the aftermath of the murder of Adrian Donoghue
Looking forward to the apology Joan..
iPhone joann flip flopping! Never! Madam tussauds mush plate on her! Ahh!
Nothing surprises me anymore with these stooges
No shame in Labour. Caught political point scoring again and lie through their teeth. No morals and the electorate with let them know soon.. The party that forgets about red line issues for convenience and Greed.. Times up Iphony…
I look forward to Brian (Dobbo,idiot) Dobson) &Sharon Ni Beohlain highlighting this important fact tonight on Six One.
Dobbo the RTE house elf.
I think somebody else should probably replace Labour in the TV debates as they’ll likely get wiped out in the election and have no significance. Joan will only spend the whole time trying to get in totally ineffective cheap digs on the opposition anyway.
Muhammad Ali used to call it “rope a dope” I believe.Let them wear themselves out throwing useless punches and then just knock em on their a*ses.
@ Paddy Ryan
Muhammad Ali had a nice finish up
But that was 2009, O’Reilly was promising universal health care which was another vote getter. The sooner we get an independent justice system free from the interference of fly by night politicians the sooner we can have trust in our justice system. The office of the DPP has to be independent, not under the control of a government minister or a Taoiseach more interested in making history by securing a second term. Article 34 and 35 outline a independent courts system because even back then people knew politicians could not be trusted.
Labour has had their time, unfortunately they weren’t brave enough to make the most of it and this election should see them on the scrap heap with previous bit part political parties
It’s more of the same old same old with Labour. They did the very same thing when they got into bed with FG in the 80s. A generation later and a large minority of people donned their selective memory caps and decided to ignore the lessons they said they had learned, and voted for them again. Labour promises are made of pie crusts – meant to be broken. Always have been, always will be.
@ Ann Reddin
who would you vote for ?
Journal, you realise that this image will haunt me forever?
Seriously it’s bad to say it but dear god what an ugly woman.
Labour the party of u turns. So many u turns they don’t know if they are coming on going.
I never realised how beautiful Joan Burton is until now.
Of course they did. Left wing parties are inherently soft of crime
Yet right wing parties like to pick and chose on what kind of crimes and criminals to be prosecuted or to go soft on such as td’s avoiding paying taxes for years, td’s being paid off by rich sponsors looking for favourable state contracts or the awarding of certain licences needed , or criminal bankers who brought a country to its knees.
I guess we’ll never know because Ireland has never had a right wing party until Renua
Labour by name Liebour by nature.
“Special Criminal Courts were re-introduced in the 70s due to the intimidation of jurors” reads the narrative
Half true….
In the early 70s charges of IRA membership in jury courts would often see juries split as there was a great deal of sympathies for the “Northern situation” and it was therefore difficult to get convictions with split juries. The 1966 commemorations were only just passed and there was support for the republican and civil rights position.
The Garda Super indent could declare a person a member of a proscribed organization but could still not guarantee a conviction.
To improve the efficacy of the “Justice System” the SCC and Offences Against the State Act ensured the speedy processing of such cases.
The British Dip lock Court system served a similar function and was likened to a conveyor system which ran from Castlreagh, Crumlin Red and Long Kesh Maze Cellular.
terrifying, if you scan out shes carrying the severed head of a child.
I heard she bathes in virgin blood every night ala Elizabeth Báthory.
Bleeding hearts
Pot, kettle, black.
Can we leave out the personal comments about Joan burton folks? The party itself is car crash stuff..
Why? do we leave out the personal comments about all the others? Why should she be exempt? Because she’s a woman?
What she’s like on the outside is a reflection of what she is like on the inside. She’s an ugly women in every sense.
@ gordon kennedy
if joan burton was never under duress if she was never trapped
then who was Paul Murphy referring to when he shouted WILL WE LET HER GO ?
play the ball not the man.. Said the same thing when disgusting personal comments were made about Mary Lou by the fg trolls on here..
Did you say the same things when similar comments were made about Adams or Rabbitte on their appearance? In fact, every hated politician gets it in the neck.
Yeah… When a SF councillor criticised the IRFU, all people could do was mention his appearance,, nasty stuff.
So what is strange here ! Labour flip flop whatever way the wind is blowing.
They are giving SF stick over the court , hypocrisy at its best
have your say