Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

Every year Deputies have the opportunity to vote on whether to continue to use repressive legislation in this State. That opportunity presents again despite the past decade of the peace process, the IRA ceasefire and the Good Friday Agreement. Every year the Minister publishes a slim report at the last minute, which no one has a chance to read, as has been stated here. Despite this, every year this House rubber-stamps the continuing operation of these laws, which suspend not only the ordinary rules of evidence but fundamental rights, including the right to silence.

Every year my colleague, Deputy Ó Snodaigh or I argue the Government's obligations regarding progressive security normalisation under the Good Friday Agreement. Every year we ask what the Minister for Justice, Equality and Law Reform is planning to do with the Hederman recommendations on which he has been sitting since 2002. Every year only a few join the Sinn Féin Deputies in speaking out against this coercion of democracy and human rights, and I commend all those who do.

Those in what I view as the political establishment are still locked in denial about the fact that more than 60 years of emergency law has only helped perpetuate the conflict on and between these islands. It is a contributory factor. Equally, seven years of the 1998 amendment Act powers have not stopped dissident republicans. The only thing that can have this effect — I ask the Minister of State to note it — is to make democracy really and truly work. This means making the peace process work, demonstrating that the Good Friday Agreement is not dead, as the DUP leader claims, and proving that profound political and social change can be achieved by other means. That is the commitment we have made and the challenge Sinn Féin has embraced.

Every year when this law is renewed, those Deputies who support it take it on faith that the Garda will not abuse the powers it confers. They take it on faith that no garda will fabricate the evidence used to convict in the Special Criminal Court. I put it to Deputies that the findings of the Morris tribunal to date must force them to re-examine that blind faith on this occasion. This Government is asking Deputies, even in the wake of the Morris tribunal reports, to renew legislation that will continue to allow people to be convicted on the word of a garda. As supporters of this motion, they must ask themselves, what if they are complicit in perpetuating miscarriages of justice by the suspension of the ordinary rules of evidence in order to secure convictions, especially when there continues to be no effective oversight of the Garda and knowing this situation will continue even after the Minister for Justice, Equality and Law Reform's fundamentally flawed Garda legislation passes. I put it to Deputies and the Minister of State that the renewal of this Offences Against the State Act is not at all in the interests of democracy and justice.

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