Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move:

That Dáil Éireann resolves that sections 2 to 4, 6 to 12, 14 and 17 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998) shall continue in operation for the period beginning on 30th June, 2013 and ending on 29th June, 2014.

The House will be aware that the Offences against the State (Amendment) Act 1998 was enacted in the wake of the murder of 29 people by the Real IRA in Omagh on 15 August that year. It was a necessary response to that terrible atrocity and the loss of 29 innocent lives. That bombing and those murders represented a direct attack also on the fragile peace process and indeed on this State as a major sponsor of that peace process. It demanded a robust response from the State and a clear statement that the atavistic view of those murderers would not prevail. We had had enough of their agenda of hatred, sectarianism and contempt for the will of the majority. They, like the rest of us, had been given the opportunity to decide in a democratic way on the future of this island and on the relationship between the two jurisdictions. Their views did not prevail and like all anti-democrats, they resorted to murder and terror. However, they were never going to succeed. They have not succeeded but they continue to this day with their ideology of hatred and destruction.

At the time, 1998, the State had a responsibility to respond to the direct challenge which they presented. One such response was to provide strong legislative powers to ensure the Garda and the courts were in a position to meet that challenge. The Offences against the State (Amendment) Act 1998 was a necessary and proportionate response. The Act contains a series of amendments to the Offences against the State Acts 1939 to 1985 to make them more responsive to the threat from certain groups. Principally, these amendments concern changes in the rules of evidence for certain offences under the Acts, including the drawing of inferences in certain circumstances, the creation of new offences, such as directing an unlawful organisation, possession of certain articles and collecting information and extending the maximum period of detention permitted under section 30 of the 1939 Act to 72 hours. Section 18 of the 1998 Act, as amended by section 37 of the Criminal Justice Act 1999, provides that sections 2 to 4, inclusive, 6 to 12, inclusive,14 and 17 must be renewed by the Oireachtas at specified intervals if they are to remain in force. By virtue of resolutions passed by both Houses of the Oireachtas on 13and 20June 2012, these sections were continued in force for a period of 12 months beginning on 30June 2012.

Prior to moving any motion for renewal, the Act requires that I lay before the Oireachtas a report on the operation of the relevant provisions. The present report covers the period from 1 June 2012, the end date of the previous report, to 31 May this year. The report was laid before the House on 17 June 2013. It also includes, following a commitment which I gave previously, a table showing the figures for each of the years since the Act came into operation. I believe this is helpful in showing the importance of the Act in equipping the Garda to detect and prevent terrorist actions. It is my fervent wish and that of the Government that the time will come when these provisions will no longer be required. However, as Minister for Justice and Equality, I must have regard to the reality of the situation.

The Garda assessment, shared by the Police Service of Northern Ireland, PSNI, in respect of the terrorist threat level in Northern Ireland is that it is regarded as severe. While the threat level in this jurisdiction may be different, it is imperative that our laws and our police are properly equipped to deal with the threat, whether in this jurisdiction or Northern Ireland. Let no one be under the illusion that these groups do not have designs on this State, as well as on Northern Ireland. This clearly demonstrates the need for the continuance of these provisions. If Deputies needed reminding, this need is clearly and tragically evidenced by the murder of Prison Officer David Black in November last. In addition, in March this year, among numerous incidents north of the Border, the Police Service of Northern Ireland arrested three men following the interception of a number of mortars in a van in Derry. All three men are known to be members of the "new IRA". The van contained four mortars which were ready to fire. Moreover, it is not only in Northern Ireland that the campaign of terror has continued or that these terrorist groups are active. In March, gardaí arrested five men and recovered a firearm at and near the scene of the fatal shooting of Peter Butterly, County Louth. In February, gardaí arrested two men in Newbridge, County Kildare, involved in the process of making pipe bombs, as well as seizing three mortar or rocket launcher-type tubes with associated components and arrested three men in an

operation near Cahir, County Tipperary. In addition, last September witnessed the murder of Alan Ryan. In these circumstances, the Garda must have at its disposal the appropriate measures to meet this threat. The powers available under the 1998 Act are considered paramount in maintaining effective preventative action against the terrorist groups.

North-South co-operation in the area of security is vital and I can give the House the assurance that it has never been better. I keep in close contact with the Secretary of State for Northern Ireland, Theresa Villiers, and with my colleague, the Northern Ireland Minister of Justice, David Ford.

The Garda Commissioner maintains close and frequent contact with Chief Constable Baggott. This is mirrored by contacts between the two forces at every level.

While countering the threat posed by terrorist groups is very important, it is necessary not to lose sight of the threat from international terrorism. The 1998 Act grew out of our own domestic troubles. However, its provisions form an essential element of the State's response to the threat of terrorism from any source. We cannot ignore the growth in recent years of the international terrorist threat. In co-operation with our EU partners, we must continue to counteract any threat from such sources. The 1998 Act forms part of the response to that threat also.

It is the firm view of the Garda Síochána that the Act continues to be a most important tool in its ongoing efforts in the fight against terrorism. The Garda authorities have stated that the provisions of the Act are used regularly, which is evident from the report I have laid before the House. Furthermore, given the considerable threat posed by some paramilitary groups, it is essential that the Act's provisions should continue in force to support the ongoing investigation and disruption of terrorist activities.

I turn now to the provisions of the 1998 Act which are the subject of the resolution. As I mentioned, on 17 June I laid before the Houses a report on the operation of the relevant sections between 1 June 2012 and 31 May this year. The report demonstrates the value of the relevant sections to the gardaí and the necessity for their continued availability in tackling the terrorist threat.

Looking at the sections, section 2 allows a court, in proceedings for membership of an unlawful organisation, to draw appropriate inferences where an accused person fails to answer or gives false or misleading answers to questions. However, a person cannot be convicted of the offence solely on the basis of such an inference. There must be some other evidence which points towards a person's guilt. The section was used on 62 occasions in the period covered by the report.

Section 3 requires an accused, in proceedings for membership of an unlawful organisation, to give notification of an intention to call a person to give evidence on his behalf. This section was used on 19 occasions.

Section 4 provides that evidence of membership of an unlawful organisation can be inferred from certain conduct, including matters such as "movements, actions, activities, or associations on the part of the accused". This section was not used in the period covered by the report.

Section 6 creates the offence of directing the activities of an organisation in respect of which a suppression order has been made under the Offences against the State Act 1939. This section was not used in the period covered.

Section 7 makes it an offence to possess articles in circumstances giving rise to a reasonable suspicion that the article is in possession for a purpose connected with the commission, preparation or instigation of specified firearms or explosives offences. It was used on ten occasions.

Section 8 makes it an offence to collect, record or possess information which is likely to be useful to members of an unlawful organisation in the commission of serious offences. It was used on two occasions.

Section 9 makes it an offence to withhold certain information which might be of material assistance in preventing the commission of a serious offence or securing the apprehension, prosecution or conviction of a person for such an offence. It was used on 40 occasions.

Section 10 extends the maximum period of detention permitted under section 30 of the Offences against the State Act from 48 hours to 72 hours, but only on the express authorisation of a judge of the District Court following an application by a garda of at least superintendent rank. Furthermore, the person being detained is entitled to be present in court during the application and to make, or to have made, submissions on his or her behalf. An extension was granted in ten cases.

A Leas-Cheann Comhairle, I have a concern in the context of giving the information. It was originally my understanding that I would have ten minutes in respect of each motion. Is the order ten minutes in total because if that is the case, I should put on the record of the House information in regard to the second motion and, time wise, that cannot be achieved in ten minutes?

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