Brian Lenihan Jnr (Dublin West, Fianna Fail)

I move:

That Dáil Éireann resolves that sections 2 to 12, 14 and 17 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998), shall continue in operation for the period of 12 months beginning on 30 June 2005.

The resolution under consideration seeks approval for the continuance in force of those sections of the Offences against the State (Amendment) Act 1998 which would otherwise cease to be in operation on 30 June. Were the House not to so resolve today, these sections would lapse.

In commencing the debate on behalf of my colleague, the Minister for Justice, Equality and Law Reform, Deputies will recall that the 1998 legislation was enacted after the Omagh bombing August 1998, which claimed the lives of 29 innocent persons and injured more than 200 others.

That appalling act of barbarism continues to reverberate down through the years, and I am pleased to note that charges have recently been brought against a person in Northern Ireland as regards these murders. The investigation into this atrocity continues on both sides of the Border, and there continues to be excellent co-operation between the Garda authorities and the PSNI in this regard.

In recognition of the exceptional circumstances surrounding the enactment of the 1998 Act, there was general agreement that the legislation should be regularly revisited by the Oireachtas. The purpose of the recurring Oireachtas scrutiny is to ascertain whether the circumstances then prevailing in 1998 justify the continuance in force of the legislation's provisions.

Accordingly, by virtue of resolutions passed by both Houses of the Oireachtas on 15-16 June 2004, sections 2 to 12, inclusive, 14 and 17 of the 1998 Act will cease to operate on and from 30 June next. That is, of course, unless a further resolution is passed by each House authorising the sections to continue to operate for a period not exceeding 12 months. In addition, there is a requirement in the 1998 Act to lay a report on the operation of the Act before each House of the Oireachtas prior to any consideration by the Houses of the renewal of the provisions. Such a report was laid before this House last Monday by the Minister for Justice, Equality and Law Reform. The report was submitted in accordance with the statutory requirements and the 21-day period referred to in the relevant statute is the timeframe after which the report must be completed.

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