Alan Kelly (Tipperary North, Labour)
Link to this: Individually | In context

I move amendment No. 9:

In page 4, between lines 29 and 30, to insert the following: “(2) Proceedings for the offence of terrorist-linked activity consisting of public provocation to commit a terrorist offence shall not succeed unless there is material evidence as to an intention on the part of the accused, formed prior to the distribution or publication concerned, to incite persons by those means to commit a terrorist activity.”.

As the Minister is aware, the other controversial issue in the Bill concerns "public provocation to commit a terrorist offence". We are in a situation here where there is great concern regarding this component of the Bill. I have been inundated with people contacting me about it. I am seeking to bring in this amendment to insert the following provision:

Proceedings for the offence of terrorist-linked activity consisting of public provocation to commit a terrorist offence shall not succeed unless there is [and this is the important part] material evidence as to an intention on the part of the accused, formed prior to the distribution or publication concerned, to incite persons by those means to commit a terrorist activity.

We all know there is huge concern regarding what is happening in Britain with Mo Chara and Kneecap. We also know there is concern that could drift into this jurisdiction. My Labour Party amendment is trying to ensure that in our version of the legislation, some form of material evidence would be available that it was the intention of somebody accused of going to proceed in some form of terrorist activity. We think this is extremely necessary and the legislation as currently drawn is too broad and vague. There is also concern about the language.

We also wish to ensure that the authorities that will have to interpret this legislation will do so in a way with clear guidance. This guidance is that phrase, "material evidence". I ask the Minister to support this amendment. I think it gives certainty and a great deal of confirmation regarding language in relation to this whole area. I believe it is very much necessary. As the Minister will know, there is deep public concern out there about this whole area.