Dáil debates

Wednesday, 6 May 2015

Criminal Justice (Terrorist Offences) (Amendment) Bill 2014 [Seanad]: Second Stage

 

5:50 pm

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

Fianna Fáil supports the purpose of this legislation. We believe the Bill will assist in combatting so-called dissident republicans, as well as persons who hold Irish citizenship and who return from the current conflicts in Syria and Iraq.

The Council framework decision on which this legislation builds was agreed in 2008 during the term of the previous Fianna Fáil-led Government. Previously, Fianna Fáil has called on the Government to be vigilant with regard to the possible return of combatants who claim Irish citizenship from the ongoing conflicts in Syria and Iraq. It is vital that those individuals are suitable for reintegration into Irish society upon their return in order to prevent the radicalisation of any citizens here. I understand this may be difficult task, but it is vital if we are to ensure that the safety of Irish citizens and citizens of other EU member states is protected from those who have been radicalised in the Middle East or Africa.

There is growing concern among the settled Irish Muslim community that a small number of new members of that community are intent on propagating a more fundamentalist and violent vision of Islam which is at odds with the true values of that religion. I imagine these concerns have been voiced to the Minister. The danger is that our Muslim community may find itself being represented by a tiny minority in the mainstream media, undermining the great warmth and strong relationships that currently exist between our communities in Ireland. We must not allow that to happen. We cannot allow a community that has contributed a great deal to Irish life to be undermined by people who have no interest in integrating here, no interest in enhancing the Muslim community here and certainly no interest in Ireland.

It is clear that this proposed legislation will provide three key tools to An Garda Síochána in its fight against terrorism. As the Minister has outlined, the Bill will transpose into Irish law an Council framework decision on combating terrorism agreed at Brussels in November 2008 and will provide for the new offences. We acknowledge the fact that these offences reflect similar offences covered by the Council of Europe Convention on the Prevention of Terrorism, which Ireland signed in October 2008. In particular, the Bill, when enacted, will amend the Criminal Justice (Terrorist Offences) Act 2005 to create the new offences of a public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. We welcome the fact that these offences will carry sentences of up to ten years' imprisonment upon conviction on indictment. In particular, Fianna Fáil welcomes the creation of the offence of public provocation to commit a terrorist offence. This offence is committed when a person distributes or otherwise makes available, by whatever means of communication, a message to the public with the intention of encouraging, either directly or indirectly, the commission of a terrorist activity. This reflects the change in how those engaged in terrorist offences have begun to use modern technology to promote their message in a highly effective manner. A person who is convicted of the offence is liable on summary conviction to a class A fine of up to €5,000 or imprisonment of up to one year or both, and, on conviction on indictment, to imprisonment for up to ten years. The stringent provisions at the more extreme end of this offence are necessary given the serious potential for disorder that may result from actions taken in this regard.

The new offence of the recruitment for terrorism is also welcome. Once this legislation is passed, if an individual recruits or attempts to recruit another person to engage in terrorist activity or other offences contained in section 6 of the Offences Against the State (Amendment) Act 1998, that person is liable on conviction on indictment to a fine, or imprisonment for up to ten years, or both. Again, these severe provisions recognise the threat posed by those engaged in recruiting individuals, who are often vulnerable, to carry out terrorist activity.

The provisions are welcome and necessary. I understand the Garda is currently monitoring the movements of up to 30 Irish residents believed to be engaged in jihad or armed conflict in the Middle East and north Africa. The International Centre for Study of Radicalisation at King's College, London, estimates that approximately 26 Irish citizens are fighting with various factions involved in the expansion of the Islamic State organisation from Syria to northern and western Iraq. Approximately 5,500 foreign fighters are estimated to be participants in the brutal fighting and terror campaigns associated with Islamic State. These are highly concerning figures and show in black and white why these legislative provisions are necessary. Given the figures, I call on the Minister to outline any further co-ordinated actions she plans to take to address the jihad fighter phenomenon. In August 2014, the Minister stated that she would not hesitate to revoke the citizenship of any Irish passport holder involved in illegal or terror-related jihad activities in Iraq or Syria. I call on the Minister to update the House on this proposal.

Long-established international research shows that approximately one third of all participants in combat will become psychological casualties, returning home with serious mental disorders or psycho-social behaviours. These behaviours include classic combat stress reaction symptoms such as depression, hyper-vigilance, substance abuse and a propensity to self-harm and violent behaviour.

Ireland's jihadists are most likely participating in military campaigns where systematic sexual violence against women and children, including mass rape as a weapon of war, as well as the torture, mutilation and summary execution of prisoners, are carried out by almost all parties to the conflict. The United Nations, Human Rights Watch and Amnesty International have condemned all sides in the Syrian conflict for grave breaches of international law and crimes against humanity. It is imperative, therefore, that Ireland prepares to deal with these returnees. In this regard, it is clear that many returning fighters may require counselling and support. Others may require investigation and screening for terrorist acts and breaches of international law. In time, some may well be brought before international criminal courts to answer charges of war crimes.

I am keen to highlight the excellent work of An Garda Síochána in this area. Despite shrinking resources, An Garda Síochána has been proactive in its efforts to identify and engage with vulnerable young citizens targeted and groomed by Islamic radicals. It has some experience in this regard. The approach taken by contemporary radical Islamist groups is similar to the recruitment activities of the Provisional IRA and other paramilitary groups in the past. Their work is to be condemned.

In conclusion, Fianna Fáil will support this legislation. It is a welcome first step to address an increasingly difficult phenomenon. I would appreciate if the Minister could update the House with regard to my request before the conclusion of Second Stage.

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