Dáil debates

Thursday, 16 June 2005

Offences Against the State (Amendment) Act 1998: Motion.

 

12:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)

I understand that but the Government has discretion in regard to ordering Dáil business. I would have thought business as weighty as this should not simply go through without the Minister being present.

As Deputy Costello pointed out, there are real concerns, including concerns that perhaps the remit of the Special Criminal Court is being extended — certainly the types of cases it is taking are extending into a much wider realm. There is a deep-seated concern, to which Deputy Costello also alluded, that we have brought in very powerful legislation in other areas. I point to the legislation on the retention of data introduced by the Minister last year, which I opposed. It is all powerful and has been used to great effect in several high profile cases. The type of legislation in place is very powerful, so why do we need both the belt and braces in this regard? Why do we need to simultaneously strengthen the terrorism legislation on the Statute Book and keep the Special Criminal Court?

I do not believe the case has been well made by the Minister of State or by the Minister for this plethora of legislation and regulation on the Statute Book seven years after the Omagh bombing. While I readily concede the Omagh bombing was an atrocity, there are far more pressing matters on which to bring in stronger legislation, whether to tackle the problem of the hundreds of people killed on our roads each year or other areas. I do not see the need to keep such strong powers in the remit of the Minister for Justice, Equality and Law Reform at this time, particularly when there are deep concerns about the conduct of gardaí in recent years not only as a result the Morris tribunal but also as a result of the false arrest of individuals going about their business and the violence of the gardaí at the May Day protest a couple of years ago. I am not convinced at this time, when confidence in the gardaí is at a relatively low ebb, that we should continue to give them enhanced powers. I oppose the proposal to renew the legislation at this point. Seven years have passed and it is time to move forward by dropping this draconian legislation.

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