Dáil debates

Wednesday, 25 April 2007

Offences against the State (Amendment) Act 1998: Motion

 

1:00 pm

Photo of Frank FaheyFrank Fahey (Galway West, Fianna Fail)

I thank Deputies for their contributions to this important debate.

In an ideal world there would be no need for such legislation. However, for as long as there are groups and individuals bent on usurping the democratic institutions of this jurisdiction, the State must have at its disposal the means to protect itself. We know from bitter experience that those organisations have few qualms, if any, regarding the methods they employ to further their aims. It is their readiness to bomb and kill and the contempt they show for the legitimate will of the democratically elected Government of the country that maintain the need for this Act.

The people of this island, North and South, have shown through their ringing endorsement of the Good Friday Agreement their rejection of violence as a feature of political struggle. Until the various offshoots of the physical-force republican movement that remain committed to violence give up the gun, the State will be required to continue to take measures to ensure public safety. That includes some former members of organisations that we are all delighted to accept have done so.

I will also comment on a commitment made by the Government under the Good Friday Agreement to initiate a wide-ranging review of the Offences Against the State Act 1939. In 1998 the then Minister for Justice, Equality and Law Reform appointed a committee chaired by the former Supreme Court judge Anthony Hederman to conduct the review. The committee's final report, published in August 2002, is extensive and deals with complex issues of law and policy. It also involves important considerations concerning the balance to be struck between national and international security on the one hand and civil liberties and individual rights on the other.

Several Deputies raised issues that I would like to address. Deputy Jim O'Keeffe mentioned Garda resources. The Garda Síochána has in its ranks the greatest number of members in the history of the State. A new, secure digital radio system for gardaí is being developed at a cost of tens of millions. A requirement to renew the provisions is a function of the Oireachtas and has nothing to do with Garda resources.

The Good Friday Agreement commits the Government to initiating a wide-ranging review to reform or dispense with those elements no longer required, as circumstances permit. Since that time we have witnessed the Omagh bombing, in response to which the 1998 Act was passed. We have also seen a rise in certain forms of international terrorism, which has cost the lives of thousands, and must also be very vigilant in that regard. The British Government has introduced extremely strong counter-terrorism legislation, and in the circumstances the continuation of the 1998 Act is not unusual, unexpected or extraordinary.

The Garda Inspectorate is an entirely independent body responsible for providing independent oversight of all Garda activities, including the special detective unit. That issue is very adequately——

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