Frances Fitzgerald (Dublin Mid West, 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 30 June 2014 and ending on 29 June 2015.

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 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 morally bankrupt culture of death and destruction adopted by these murderers would not prevail and that the will of the majority could not be so contemptuously disregarded. Those responsible for these murders continue today to deny the people of this island the peace which they long for and which they deserve. I will return to this point later in my speech.

This democratic State's response was to provide strong legislative powers to ensure that the Garda Síochána and the courts were in a position to meet the challenge laid down by those opponents of peace. In that regard, the Offences Against the State (Amendment) Act 1998 was a necessary and proportionate response. It is right at the outset that I pay tribute to the excellent work of An Garda Síochána and the Police Service of Northern Ireland in countering the threat from the paramilitary organisations.

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 in June 2013, these sections were continued in force for a period of 12 months.

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 current report covers the period from 1 June 2013 to 31 May 2014 and was laid before the House on 16 June 2014. It also includes, following a commitment given in the House, a table showing the figures for each of the years since the Act came into operation. The table, which was produced on foot of requests by Deputies, is helpful in showing the importance of the Act in equipping the Garda to detect and prevent terrorist actions.

It is the fervent wish of the Government and, I have no doubt, the House that the time will come when these provisions will no longer be required. As Minister for Justice and Equality, however, I must take into account the reality of the situation. In that regard, the Garda assessment, shared by the Police Service of Northern Ireland, PSNI, of the terrorist threat level in Northern Ireland is that it is severe. We all know that groups vehemently opposed to peace seek to attack the institutions of Northern Ireland and destabilise the peace process. They will never succeed in their objective.

In 2013, 30 terrorist related attacks occurred in Northern Ireland and there have been five such attacks so far this year. They include such serious incidents as the planting of a bomb in a Belfast shopping centre in the run-up to Christmas last year and the fire-bombing of a hotel in Derry on 30 May where continuing scant regard for human life and the targeting of civilians was clearly demonstrated.

While the direct threat level in this jurisdiction may be different from that in Northern Ireland, it is imperative our laws and police are properly equipped to deal with the threat, whether in this jurisdiction or Northern Ireland. Let no one be under the illusion that the groups in question do not represent a threat to this State and Northern Ireland. By way of example, I refer to the discovery by An Garda Síochána of an estimated €10 million in partially forged bank notes in April this year, the detection in May last of a large improvised explosive device in County Louth, which was possibly destined for Northern Ireland, and the disruption of a Real IRA gun attack in Tallaght earlier this month. 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. Consequently, there is a clear need for the continuance of these provisions.

North-South co-operation is vital and I assure the House it has never been better. I intend to keep in close contact with the Secretary of State for Northern Ireland, Theresa Villiers, whom I have already met. I am also in contact with the Northern Ireland Minister of Justice, David Ford. In addition, the acting Garda Commissioner maintains close and frequent contact with her counterpart in the PSNI.

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. I refer Deputies to the details contained in the report.

Terrorist groups remain a threat to the peaceful lives of people on this island. They are opposed to the benefits that have flowed from the peace process and are determined to undermine it. The State must retain, in its laws, the capacity to defeat them. On the basis of the information set out in the report and on the advice of the Garda authorities, I consider that the House should approve the continued operation of the relevant provisions of the 1998 Act to remain in operation for a further 12 months. I commend the motion to the House.

On the motion to continue in operation section 8 of the Criminal Justice (Amendment) Act 2009, I will briefly remind the House of the background to that Act. The legislation was a response to a number of difficulties which were being experienced and where the entire justice system was under serious threat. Organised criminal gangs were behaving as though they were untouchable by the Garda and courts. They even appeared to be taunting those tasked with preventing and investigating criminal acts. The House will recall certain dreadful crimes where the gangs involved acted in a way that betrayed their willingness to undermine the very operation of our criminal justice system. Hand in hand with the disregard for human life was the intimidation, as Deputies well remember, of whole communities who were trying to co-operate with the forces of law and order to bring the thugs in question to justice. If these people were prepared to intimidate witnesses, why would anyone believe they would not also intimidate or kill jurors?

In the circumstances, it was imperative that the Government and Oireachtas took the necessary steps to ensure the criminal justice system was sufficiently robust to withstand the assault launched against it through intimidation of and violence towards witnesses and jurors. The measures contained in the Criminal Justice (Amendment) Act 2009 were designed to tilt the balance firmly in favour of the rule of law and justice and instil confidence in all that criminal gangs would not be permitted to frustrate criminal investigations or prosecutions of their activities.

The Act provided for a limited number of specific organised crime offences to be prosecuted in the Special Criminal Court. The proposal to use the Special Criminal Court for a limited number of organised crime offences removed the possibility of jury tampering or intimidation of jurors.

The purpose of section 8 is to ensure that organised criminal gangs cannot interfere with the criminal process to determine the outcome of cases. To this end, the section declares that the ordinary courts are inadequate to secure the effective administration of justice and preservation of public peace and order in respect of certain offences. The offences in question are the organised crime offences under Part 7 of the Criminal Justice Act 2006. Deputies will be familiar with the range of offences cited in the Act. Section 8 makes these scheduled offences for the purposes of Part V of the Offences against the State Act 1939. While this means the Special Criminal Court will hear prosecutions for the offences in question, the Director of Public Prosecutions may still exercise her discretion. This is an important balance, as is the requirement that the House pass a resolution in the event of any change being made and to ensure the continuation of the provisions.

The reasons the Government is seeking the renewal of section 8 are clear. Organised crime continues to present a significant law enforcement issue, with a number of criminal gangs continuing to engage in serious crimes. There is, unfortunately, stark evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Deputies may wish to note that since 2009 there have been 68 murders linked to organised crime. We are also faced with growing and inextricable links between paramilitary groups and organised crime. It is also clear that age is not a barrier to becoming a victim of gun crime. For example, we had the appalling shooting of a six year old child in Ballyfermot last Friday. I am sure the House will share my revulsion and that felt by the population as a whole in the wake of this dreadful act. I appeal to anyone who has information which could be helpful to the Garda to pass this on immediately.

Those involved in organised crime are ruthless people who will stop at nothing to avoid being brought to account for their crimes. Violence and intimidation are a way of life for these people. The Government and Oireachtas have a duty to make sure the criminal justice system is equipped to prevent them undermining our core values. In all the circumstances, I consider it necessary to continue section 8 in operation for a further period of 12 months beginning on 30 June 2014. I commend the motion to the House.

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