Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Deputies for their contributions to this debate. The substantial threat that remains from terrorist activity, particularly from dissident republican paramilitary groups, warrants the continuance in force of the Act's provisions. The message needs to go out, loud and clear, that the State will not bow to the self-serving interests of such individuals and will continue in its resolve to see them defeated.

I have listened carefully to the points that have been made about human rights by Deputies Mac Lochlainn, Pringle, Clare Daly and Coppinger. Contrary to the Deputies' belief that the Offences against the State Act is anti-democratic, I would argue that democracy was preserved by the actions taken by successive Governments. Democracy is preserved because the legislation acts as a bulwark against anti-democratic forces. I will not take any action which would remove a vital tool for the Garda and the Legislature to preserve democracy and the rule of law. Nobody would accept more than me that the Government must respect fundamental human rights in our legislation. That is why, as Deputy Clare Daly acknowledged, we have an independent Judiciary and court system. As Minister, I have a responsibility to protect the human rights of all citizens. There is no greater human right than the right to life. These Acts target groups who show scant regard for human rights, including that most basic of rights, the right to life. The information available to me from the Acting Garda Commissioner and the reports that I have laid before the Houses, which I recommend that Members read, make it clear why the Government is recommending these motions.

With regard to the need for the Special Criminal Court to try offences relating to organised crime, there was ample evidence of intimidation of witnesses and jurors when section 8 was introduced. I disagree with Deputy Mac Lochlainn that there is any apathy in regard to these issues, whether from Members of this House or citizens in our communities. They see, sadly all too frequently, the threat posed to their communities by the kind of activities we are discussing. There is no doubt that some of the intimidation of witnesses and jurors was blatant. No Government could ignore this behaviour. It is unfortunate that section 8 is still needed. I look forward to the time when it can be permitted to expire. I am sure every Deputy would similarly look forward to its expiry. That is why the courts, the Garda and the PSNI are engaged in their work. However, that time has not yet come. That is why the Government is asking this House to agree to these motions, which I commend to the House.

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