Dáil debates

Tuesday, 13 March 2012

2:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

The Deputy cannot have it every which way. He cannot want to bring an end to the violence continuing to be perpetrated in Northern Ireland, particularly by recalcitrant terrorists, and bring an end to gun crime as engaged in by organised crime in the Republic. The Deputy cannot want all of that and at the same time want to repeal the Offences Against the State Act because it is part of the essential legal army available to the Garda Síochána and to the State to protect the law abiding citizens of this State. The Deputy cannot look in two different directions simultaneously.

In every piece of legislation enacted in the criminal law area there are certain parts of the legislation that are more regularly utilized than others and there are some parts of legislation enacted so as to provide additional protection should it be required. In the context of criminal investigations and prosecutions, in a number of instances there are alternative pieces of legislation that may be utilised depending on the overall background circumstances but this legislation has been part and parcel of a protective legislative architecture for the State and for the wider community for very many years and, as Minister for Justice and Equality, I will not be repealing it. If it requires amendment in some areas to make it more effective, that will happen. Over the years Governments of different political persuasions have brought forward appropriate amendments as circumstances have changed.

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