Dáil debates

Thursday, 19 June 2008

10:30 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

We have had this so-called emergency legislation on the Statute Book since 1939. The element proposed for renewal today comes up every year. I am of the view very strongly that it is neither appropriate nor justified to continue to renew emergency legislation in a very changed situation on the island of Ireland, and a very welcome change it is. It is important we recognise that emergency legislation and the entire raft of so-called Offences Against the State Acts dating from 1939 to 1972 and again since 1998, with this renewable series of sections, serve no good at this point and, arguably, have served no good at any time. It is not appropriate or justifiable to continue with this legislation with the Good Friday Agreement in place for ten years.

We have a new dispensation on the island of Ireland and whatever about incidents that arise from time to time, they do not give credence to the type of legislation involved under the Offences Against the State Act, which is clearly a serious infringement of civil rights, human liberties and democratic rights. A clear commitment was given in the course of the Good Friday Agreement negotiations by the Dublin Government representatives at the time that all the repressive legislation would be repealed. This has never been done and remains an outstanding element of the Good Friday Agreement that has not been honoured over the decade that has passed since.

It is imperative that this nettle is grasped by Government and we stop the annual renewal of these measures. If one examines the facts statistically in relation to the employment, use and product of the Offences Against the State Act, they are clearly minuscule and the legislation makes very little contribution of any merit. Other legislation is available to deal with other matters as they present.

With regard to Deputy Bruton's reference to crime on this island, the Offences Against the State Act should not be attending to and dealing with that. Other legislation on the Statute Book should address those matters. The Offences Against the State Act is abhorrent to civil liberties, human rights and democracy in this State. I urge Members to grasp the nettle and not proceed to renew.

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