Harte-Hughes, Aaron C. (2025) Security through obscurity? A critical analysis of the Irish witness security programme through the lens of legitimacy. PhD thesis, National University of Ireland Maynooth.
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Abstract
Serious and organised crime is borderless and invasive, constantly seeking to identify and
exploit vulnerabilities in our societies, economies, and laws. Witness protection programmes are one of the most effective means of securing convictions against otherwise untouchable senior-ranking individuals involved in organised crime. Nonetheless, such schemes, intended
to circumvent the criminal code of omertà (silence), are inherently controversial, balancing a
broad range of often competing rights and interests and posing significant moral hazards for
the criminal justice system. Consequently, the contemporary witness protection model advocates the legitimisation of these types of schemes, underscoring the imperative to ensure accountability and transparency that conforms with the special security requirements of such
programmes.
This thesis represents the first study of its kind within this jurisdiction, providing a focused
critical analysis of the Irish Witness Security Programme through the lens of legitimacy. A dual normative-empirical model of legitimacy is adopted which incorporates indices pertaining to
accountability, transparency, democratic principles, and corruption. Moreover, within a case study research design, the methodology of this study incorporates three separate research
methods, comprising a documentary review of literature on the Irish programme; a crosscomparative assessment of selected international witness protection programmes; as well as a
review of the Irish programme as it operates in practice, facilitated through semi-structured
interviews with key stakeholders. The findings of this study submit that the current approach
to witness protection within this jurisdiction cannot be regarded as legitimate. The Irish
programme represents an outlier in terms of international best practice, operating in the absence
of a legislative framework. This research outlines the dangers of this perceived ‘security
through obscurity’ approach adopted here, providing compelling evidence of an increased risk
to the safety and well-being of witnesses, further emasculation of due process rights, as well as substantially increasing the risk of adverse practice and corruption. This thesis concludes that the current status of witness protection in Ireland emanates rather from an accepted security
mindset within the state, one which frequently advocates exceptionalism in the service of state security, irrespective of outstanding legitimacy concerns.
| Item Type: | Thesis (PhD) |
|---|---|
| Keywords: | Security; obscurity; critical analysis; Irish witness security programme; legitimacy; |
| Academic Unit: | Faculty of Social Sciences > Law |
| Item ID: | 21203 |
| Depositing User: | IR eTheses |
| Date Deposited: | 19 Feb 2026 12:10 |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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