Dáil debates

Wednesday, 19 June 2013

Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions

 

12:00 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail) | Oireachtas source

Although this island has been transformed since the Good Friday Agreement and the establishment of a power-sharing executive in Northern Ireland, the relative peace that we now enjoy cannot be taken for granted. There is still considerable work to be done in integrating the two communities in Northern Ireland. There is also, unfortunately, a significant threat to the peace as a result of the activities of what are referred to as "dissident republicans". These groups do not have any real support on the ground, either north or south of the Border. They are groups that are fighting against the democratic wishes of the Irish people, as voted for in the 32 county referendum on the Good Friday Agreement. To a large extent, the actions of these dissident republicans are part of a cover for drug dealing and racketeering. We know that even though these dissident republicans do not have support, they can inflict terrible damage. It was a dissident republican group that was responsible for the worst atrocity of the Troubles in Omagh in 1998.

The amendments to the Offences against the State Act brought in by the Fianna Fáil Government after the Omagh bombing were necessary at that time. Unfortunately, they are still necessary today. We as a State cannot lower our guard or lessen our vigilance in response to this ongoing threat. I have no doubt it would be the wish of most Members of this House for our laws to be normalised and for these provisions of the Offences Against the State Act not to be necessary. However, we cannot take that chance nor do we have that comfort. The only time when we should consider lowering our guard is when the dissident republicans have abandoned their campaign of violence and crime. I ask them to recognise the democratic wishes of the Irish people and to lay down their guns and stop their violence.

It is for this reason that Fianna Fáil will support the resolutions being brought before the Houses of the Oireachtas by the Minister for Justice and Equality. We believe that the legislation should be extended for a further period of 12 months from 30 June 2013.

There is also a proposal to extend section 8 of the Criminal Justice (Amendment) Act 2009. This legislation was introduced by Fianna Fáil in government to respond to organised crime.

It provides that certain organised crimes will be prosecuted before the Special Criminal Court, rather than having such trials heard by a judge and jury.

The right to a trial by jury is an important aspect of the criminal justice system. Nonetheless, we as a State cannot tolerate a situation where ordinary members of society who are asked to be jurors are exposed to intimidation and threats of violence from serious gangland figures. For that reason, we believe it is correct that this section should be extended. Gangland criminals will do anything in order to increase their profits and make money from drugs. If they thought that intimidating a jury would prevent them from going to prison or would be an interference in their criminal activities, then they would intimidate and harass jurors. This is an event that we as a State cannot tolerate.

For that reason, Fianna Fáil will support the extension of the resolution to section 8 of the Criminal Justice (Amendment) Act 2009. We believe that the discretion should remain with the Director of Public Prosecutions to direct whether or not a person should be sent forward for trial by the Special Criminal Court. We do not believe it appropriate that serious gangland figures should be tried by a jury. Their violence and organised crime has deprived them of the right to a trial by jury and we should not be apologetic about denying them that. The safety of this country and its citizens depends upon it.

Comments

No comments

Log in or join to post a public comment.