Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Once again I am imploring all Deputies to consider the highly corrosive effect of the renewal of the Offences against the State (Amendment) Act on human rights, democratic life and the safety and well being of citizens in this State before voting today. I will be giving Members of the House an opportunity to vote on this motion because I believe it is important that we are on the record on any occasion when human or democratic rights are being challenged in this way.

As we discuss this motion today, the spectre of paramilitary violence - criminal and sectarian violence - still hangs over our society. We have seen the fatal consequences of that with the brutal battering to death only three weeks ago of Kevin McDaid in Coleraine - someone who has not been mentioned to date. Others have mentioned the killing of PSNI officer, Constable Stephen Carroll, and two British soldiers, Mark Quinsey and Patrick Azimkar, and the ongoing criminal feuds in this State using high-powered weapons and explosives.

Another matter that has not been mentioned in this House for a long time is the manoeuvrings of the British secret services on this island. Dissidents - some call them dissident republicans, but they besmirch the name of republicanism - by their actions have fallen into the trap of playing to the British securicrat agenda. They seem to want to perpetuate the conflict, the emergency and the repressive legislation and regimes we see on this island. The actions of those dissidents have included attacks on Irish republicans. So much for their claim that they want to reunite Ireland. They have no mandate, no support, no political strategy and no logic. They are dancing to the British piper's tune.

It is quite clear to all that elements of Britain's intelligence service are running agents provocateurs in these organisations. One such agent was exposed recently. Patrick Murray who lived in Antrim had set about undermining and destabilising support for the Good Friday Agreement and the peace process, and fomenting sectarian divisions in Ballymena, County Antrim and County Derry. When he was exposed, the British state jumped in to protect him. There are others and we have seen it over the years, including the Mount Vernon UVF, which was run by British intelligence for many years and was linked to the Dublin and Monaghan bombings, and the attempted mass murder at The Widow Scallon and the death of volunteer, Martin Doherty. I call on the British Government, as a partner in the peace process, to call its dogs to heel and declare that the provocative actions of its agents in these dissident and loyalist groups are contrary to the peace process and perpetuate conflict on this island. I ask the Minister to categorically state that no State agents are working in dissident groups, that British agents operating in this State are targeted and expelled, and their activities exposed.

The UN fundamental human rights instruments to which this State has signed up make it very clear that fundamental rights protections may be derogated from only in times of emergency. No such emergency that could possibly warrant these draconian legislative measures exists. Sinn Féin has not been alone in demanding an end to these annual renewals. The UN Human Rights Committee agrees with me and has called year-on-year for an end to the jurisdiction of the Special Criminal Court. Nor was I alone in this House. Six years ago the Green Party spokesperson for justice, Deputy Cuffe, said: "...the state of emergency is over... we should drop the use of the Offences Against the State Act... the Green Party... does not want to see the use of the Special Criminal Court continue." Each subsequent year the Green Party Deputies rightly voted against the renewal. They did that until they entered government and threw away their principles. However, I will not labour my condemnation of yet another human rights abandonment by the Green Party. The public has issued its judgment loud and clear on that party.

It is not only our international commitments that necessitate opposition to the motion before us today, but also the Government's own obligations under the Good Friday Agreement. The Good Friday Agreement places the onus on the Government to deliver security normalisation. Hence, scrapping the Offences against the State Acts is a pressing goal for all in this House. The provisions up for renewal and, indeed, the Offences against the State Acts in their entirety have no place in the present or future of this island.

The Garda special branch still operates as a political police force that systematically harasses citizens engaged in open, legal and democratic political activity, including people attending Easter commemorations or engaged in trade union activities. The Garda Síochána Ombudsman Commission has no power to hold the special branch to account. The Garda Commissioner and the Minister for Justice, Equality and Law Reform have the power to deny the ombudsman commission access to anything they deem to relate to State security, which needs to be addressed.

This year again the report that is laid before us by the Minister is grossly insufficient for the purposes of scrutiny. Time does not allow us to address in detail the limited report. Simply listing the number of occasions on which the various provisions have been used does not allow for informed democratic scrutiny of their operation. There is not time available to me to discuss the various sections and the manner in which they breach fundamental human rights in detail. Sparse as it is, the report does at least demonstrate that sections 4, 8, 12 and 17 were not used in the past year. Section 12 has not been used since 2001 and section 17 has never been used. At the very least, they should be repealed. This brings into question any argument about necessity.

During the period from 1 June 2008 to 31 May 2009 the number of persons arrested under the Act was 930. However, the total number of convictions secured under the Act for the same period was just 39. There is no information on whether the convictions were on the basis of that section alone or if the same person was convicted under several sections. There is a huge discrepancy between the annual arrest and conviction rates, which strongly suggests the possibility that the provisions are being used for trawling exercises or are being abused by gardaí engaged in harassment in circumstances similar to those in County Donegal, as uncovered by the Morris tribunal.

If the Government wants to promote and protect the safety of the public it would financially and practically resource the Garda Síochána, the forensic laboratory, the DPP and the courts in order to enforce ordinary criminal justice legislation. Instead, however, the Minister is today proposing the lazy and unsafe continuation of emergency legislation. The Fianna Fáil-Green Party Government has approved the drafting of a Criminal Justice (Amendment) Bill which will further extend the use of the Special Criminal Court.

I call on the Government to use the opportunity to live up to its commitments under the Good Friday Agreement. Other parties should bring pressure to bear on the Government in this regard. The full delivery of the Good Friday Agreement would do more to end paramilitary, criminal and sectarian violence on this island than all the repressive legislation ever will. It did not succeed in the past and will not do so in future. A properly resourced Garda Síochána and courts service, in addition to a properly working witness protection system, will address in some way the criminality of those who currently come before the Special Criminal Court. Normal courts and normal laws can deal with these cases if they are properly resourced.

Sinn Féin has consistently called on the Minister for Justice, Equality and Law Reform to bring forward a robust package of realistic and effective measures to tackle serious crime, but we are extremely disappointed with the package the Government announced in May. Alongside it the Government has imposed restrictions on Garda overtime and a ban on recruitment and promotions. There is no logic to that. The force is to remain dependent on outdated and inadequate equipment. The anti-crime measures proposed by the Government constitute a lesson in how to lose the war on gangs.

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