Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I welcome the opportunity to express my support and that of my party for the continuance in operation of section 8 of Criminal Justice (Amendment) Act 2009, which is a vital legislative tool in the battle against organised crime. I also welcome and will support the renewal of the Offences Against the State (Amendment) Act 1998. This legislation allows the State to battle against those engaged in terrorism who seek to undermine the very existence of the State.

One of the first duties of the State to its citizens is to ensure their safety and protection. As a nation, we must be able to defend ourselves effectively and comprehensively from those within who seek to destroy our communities through organised crime or destroy the State through acts of terrorism. We must not be afraid to grant the powers provided for in this legislation, which allow us to face down those whose only cause is destruction. Both of the Acts under discussion were introduced by the Fianna Fáil Party in government and, sadly, the reasons for their enactment remain.

It is obvious that this island has been transformed since the Good Friday Agreement was signed and a power-sharing Executive established in Northern Ireland.

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However, 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. The peace has been won but we must consolidate it. We must not cede ground to those who would seek to destroy that peace.

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. Their numbers are few. 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 partly a cover for drug dealing and racketeering. 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 then 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. 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 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 2014.

There is also a proposal to extend section 8 of the Criminal Justice (Amendment) Act 2009. This legislation was introduced by Fianna Fail in government to respond to organised crime. It provides that certain organised crimes will be prosecuted before the Special Criminal Court rather than in front of a judge and jury. The right to a trial by jury is an important aspect of the criminal justice system. None the less, we as a State cannot tolerate a situation in which 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 illegally. If they thought that intimidating a jury would prevent them from going to prison or would be an interference in their criminal activities, 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 discretion should remain with the Director of Public Prosecutions to direct whether 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.

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