Jonathan O'Brien (Cork North Central, Sinn Fein)

The Offences against the State (Amendment) Act 1998 was introduced as a response to the tragic events in Omagh on 15 August 1998, when 28 people, including a young woman who was pregnant with twins, lost their lives. All these years later, many of the more than 220 people who were injured, some of them seriously, continue to bear the scars of that day. It was truly a horrendous day in the history of this island. The events of that day were a direct attack on the peace process and the Sinn Féin strategy. It is a testament to all those involved in the peace process at that time that it survived and has since flourished. While there is a long way to go before we, as republicans, realise our ultimate goal of a united Ireland, we must continue to defend the peace process. Although full responsibility for the events of 15 August 1998 lies with the Real IRA, subsequent details have shown that less than perfect policing procedures, analysis and communication of intelligence were employed.

Draconian legislation can never be a substitute for sound law and good and accountable policing. As Members in this Chamber know, Sinn Féin has consistently opposed the retention of this amendment. We have argued each year that it should be repealed in its entirety. At this time, there is neither a need for such legislation nor an argument in favour of it. The continuation of it will only serve to erode further the human rights ethos in which this State's legislation should be grounded. If Deputies in this Chamber truly value the concepts of democracy and human rights, I implore them to vote accordingly and to reject the motion.

I recognise that a small group of people are still determined to derail the peace process. They do not have the capacity to do so. They do not warrant a strong argument for the retention of these measures. Sinn Féin has been in a minority in this House in recent years when it has rightly opposed the 1998 Act. The chances are that we will be in a minority again today. We are not in a minority internationally, however, as we analyse this measure. The UN Human Rights Committee shares our stance on it. As I pointed out in a previous debate, it has asked the State year after year to factor the Special Criminal Court out of our judicial system.

Our international commitments are not the only reason for us to oppose the motion. The Government has certain obligations under the Good Friday Agreement. The agreement places an onus on both Governments to work towards the normalisation of the security apparatus in the Twenty-six Counties and the Six Counties. As the Minister said, the agreement was endorsed overwhelmingly by the majority of people on this island. It needs to be protected and implemented in full. Therefore, the scrapping of the legislation before us for renewal is a pressing issue for all of us in this Chamber. In the past, many Deputies have argued in favour of the provisions of the Act because they have played a role. However, I do not think anyone can truthfully argue that these provisions have a place in the present or future of this State. Sinn Féin believes the legislation is counter-productive in the long run. In my opinion, the report supplied by the Department of Justice and Equality serves to reinforce this argument.

Little more than a decade has passed since the amendment was first enacted. Some sections of the Act, such as section 17, have never been used. Sections 4, 6, 12 and 17 have not been used in the last 12 months. Section 8 has only been used once in the past three years. Sections 4 and 12 have not been used for several years. The figures also show a huge discrepancy between the annual arrest and conviction rates. This strongly suggests that the provisions of this legislation are being used for purposes other than those for which they were originally designed. It is for this reason, and those I mentioned earlier, that we will not be supporting the motion. The context in which the Minister is seeking the renewal of this Act is clear from his opening statement. His reference to those groups that are still engaged in armed actions set the context for this debate. It is important that all parties in this House renew the call on those groups to cease their activities. We must do everything in our power to convince them that the path they are on is fruitless. That is not a moral argument surrounding the rights or wrongs of physical force republicanism, but rather on the futility of their actions to deliver on their goals in the current context.

We all must engage with these groups. We must make every attempt to move them away from violence and to get them to accept the will of the people as expressed in the Good Friday Agreement. We must also convince them of the opportunities that the Good Friday Agreement and the peace process give republicans to further the republican and all-Ireland agenda, and that is where our focus for the next 12 months should be. I ask Members to vote against this measure.

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