Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

We are back again. Every year we debate this, every year Sinn Féin opposes it and every year it passes.

We all know the background to the Offences against the State Act and I will not re-hash it again today. Suffice to say I have no hesitation in renewing the call on those responsible for what happened at Omagh to cease their activities and to embrace the peace process. The events of that day were a direct attack on the peace process and the Sinn Féin strategy. It is a credit to all those involved in the peace process at the time that it survived and has since flourished. While there is a while 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 that day, 15 August 1998, lies with the so-called Real IRA, subsequent details have shown that less than perfect policing procedures, analysis and communication of intelligence were employed. Recently, I met the Omagh support group which continues to campaign for justice and I listened to their real concerns about that day. These people deserve to know the truth and I urge the Government to act on its pre-election promises and have a public North-South investigation into that fateful day.

The Omagh bomb was of particular importance to me. Three children from my home town of Buncrana lost their lives and two of our friends from Spain who stay in the town every year as part of their English language learning development also lost their lives. Our community was devastated by that bomb.

I and my party call on those responsible to take note of the progress made on this island since the passage of the Good Friday Agreement. They will not derail our peace process, they do not have the capacity to do so. I want to put on the record of this House that senior members of my party, the leadership, have repeatedly had their lives threatened by many of these individuals. Up until recent times, the leadership of my party was receiving warnings from the PSNI. This is a serious matter for us and we do not take it lightly. We have stood shoulder-to-shoulder in Sinn Féin, both leadership and membership, to confront these individuals to demonstrate clearly and to work day in and day out to defend the peace process.

However, they do not warrant a strong argument for the retention of these measures. We live in a society where there is space for those with varying views to put forward those arguments and if they believe in the strength of their convictions, I ask that they debate them with the rest of society. The Good Friday Agreement was overwhelmingly and democratically endorsed by the vast majority of the Irish people. If the perpetrators believe in democracy at all, I ask that they cease their activities.

The Minister has referred in the past to upholding and implementing in full the Good Friday Agreement because it is the democratic wish of the Irish people. There is an onus on us to do so and as part of this there is a responsibility to bring about as quickly as possible the normalisation of policing and justice on the island of Ireland.

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 stated, 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 these Houses.

In the past, many Deputies have argued in favour of the provisions of the Act because they have played a role. Today, 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. The retention of these provisions is an admission of the failure of this and previous Governments. The challenge to us is to prove that we have a normal society and that normal policing will convict those who seek to undermine it. There is no place in society for the emergency legislation that was passed in 1998. Draconian legislation can never be a substitute for sound law and good and accountable policing.

As Members in this Chamber will be aware, 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 the 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. We are a normal society and the existing laws are strong enough if properly resourced.

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. An Garda Síochána and the courts can convict those who carry out atrocious acts in this day and age and ensure they serve a proper sentence for those actions.

We must make every attempt to convince so-called dissident groups to move 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-island agenda, and that is where our focus for the next 12 months should be. I ask Members to vote against this measure.

On the Criminal Justice (Amendment) Act 2009, it is a sad reflection on any government or state when it has to admit that the ordinary courts are not adequate. If we are serious about dealing with organised criminal gangs, we need to put resources in place. For instance, we should not be closing rural Garda stations. This morning we discussed this. Not only did the Government close rural Garda stations, but it cut the number of Garda vehicles and the number of Garda personnel. If any Member of these Houses really wants to know the position, he or she should speak to gardaí on the ground who tell us that they have depleted resources and capacity to combat crime. The Minister will say that is just one aspect of the matter. If we are to be serious, we should ensure financial resources are invested in front-line manpower. If the recruitment embargo must be lifted to deal with organised criminal gangs, that should be done.

I am sure those who are involved in organised criminal activity see the introduction of legislation to ensure they are tried before the Special Criminal Court as an admission of the State's failure to provide protections and safeguards to those who serve on juries. It is the wrong way to go. We will oppose this proposal for that reason. That is not to disregard flippantly the activities of these criminal gangs. We understand they cause misery and hardship and have no regard for law and order. If one examines best international practice, one will see that other countries have found more effective ways of dealing with organised criminal gangs that do not involve institutions like the Special Criminal Court.

The Minister cannot argue for the retention of draconian legislation while he is responsible for implementing considerable cutbacks to An Garda Síochána and taking away its resources to combat criminality in our communities. There is a contradiction in the argument and for that reason, we will oppose both motions.

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