Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Ceann Comhairle for the opportunity to speak on the Criminal Justice (Terrorist Offences) (Amendment) Bill 2014. I welcome the debate because it is an opportunity to look in detail at the legislation and what is going on in the modern world. In recent weeks, we have seen significant levels of violence in Ireland and internationally. We have seen the kidnapping of children, women and children being killed in different conflicts and sectarianism across Europe and Africa and even in our own country. One hears a lot about terrorism in the debate but when one is talking about violence, one must also look at the impact of state violence, which is often ignored.

The Bill is designed to give effect to European law on terrorism. It creates three new offences - public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. We must all strongly oppose indiscriminate and sectarian violence, regardless of whether it happens in the Middle East or Africa and whether it involves the killing of Christians, Muslims or other innocent people. We must face up to the reality that this cannot be tolerated in any society. We as legislators and Members of the Oireachtas must constantly harp on about this issue. There is no point in staying silent, sitting on the fence and being selective in our opposition to violence.

Recently, we have seen horrific attacks on members of Sinn Féin and the murder of Gerard Davison in Belfast and yet the silence in this House and in broader society has been deafening, which is not acceptable. These double standards should always be challenged. It is not acceptable in any democratic society for people to be shot or blown up or for their families to be attacked or for people to be shot down on their way to work. It is not an option to stay silent. It is very important that we say this because I found the silence in the past 24 hours to be deafening. Yesterday, the Taoiseach had to be asked to condemn the violence.

When I talk about violence, I go right across the spectrum. I am talking about sectarian violence and the kidnapping of young girls. In respect of state terrorism, one cannot have double standards if one wants to convince people internationally that peaceful and democratic politics are the way forward. The Dublin-Monaghan bombings and the Miami show band massacre are examples in our recent history. There was considerable silence about these events because there were serious concerns about the role of the state in these acts. We asked the question and the Dáil passed a motion relating to the Dublin-Monaghan bombings and yet we have seen no real action.

There was a strong state dimension to the Dublin bombings in 1972. I was a member of the joint Oireachtas committee which dealt with these bombings. One aspect that arose during our work was the urgent need for a Garda liaison officer to work closely with the families. The families of the victims of the 1974 bombings in Dublin got a Garda liaison officer but the families of the victims of the 1972 bombings did not.

I ask that the Minister of State, Deputy Murphy, bring that message back to the Minister.

On the issue of terrorism, international terrorism and who is a terrorist and so on, people find it nauseating that some states engage in violence while at the same time lecturing fringe groups involved in terrorist activities. Over the past 15 years I have many times raised the issue of Cuba and the famous case of the Miami Five, who thankfully were released. I welcome recent developments between President Obama, Raúl Castro and the Pope in relation to building dialogue and a peace process. Over the past 15 years many people here ignored the plight of the Miami Five, five Cubans who were trying to stop Miami-based terrorist groups from carrying out violent acts against the people of Cuba. They were found guilty of charges ranging from murder to espionage by a court in Miami which relied on the evidence of convicted terrorists. All were innocent of the charges brought against them. Extensive intimidation of jurors by these same terrorists was a feature of the trial, following which the Miami Five were imprisoned. Many of us in this House were involved in the release of the Miami Five, whose imprisonment was a blatant miscarriage of justice. In terms of the history of Cuba in these types of situations, the campaign was dedicated to the memory of the 3,478 Cubans killed and the 2,099 maimed at the hands of US based terrorists since 1959. These are issues we have to face up to as well. States cannot be allowed to do one thing while preaching another. I commend Dr. David Hickey on his magnificent work in the building of a relationship with Cuba and also Che Guevara's daughter who has done a great deal of work with Beaumont Hospital, which is in my constituency. It is important we acknowledge that many people are now working together to build bridges. There is significant potential to further develop this relationship, including in the context of small business and jobs.

On the Bill, section 5 provides for the insertion of into the Principal Act of a new section 4B which provides:

For the purposes of this Part, recruitment for terrorism means—

(a) the intentional recruitment of another person—(i) to commit, or participate in the commission of, a terrorist activity,...

We will need to monitor the impact of this legislation. It is important to make that point. In debating the issue of terrorism and violence, it should not be forgotten that there have been 12 gangland deaths in this city over the past 12 months in respect of which there have been no prosecutions. We also have a problem in Ireland in terms of violent acts. The Bill provides that a person convicted of this offence is liable on conviction on indictment to imprisonment for up to ten years.

Section 6 inserts a new section 4C which states:

For the purposes of this Part, training for terrorism means intentionally providing instruction or training in the skills of—

(a) making or using, for the purpose of committing, or contributing to the commission of, a terrorist activity—

(i) firearms or explosives,

(ii) nuclear material,...

The issue of Shannon was mentioned earlier by some of my colleagues. It is not acceptable that peaceful demonstrators should be brought before the courts for highlighting a State's involvement in violence. This is an issue on which we should all also speak out.

The issue of conflict and the Palestinians was mentioned. If the Palestine conflict ended, the result would be the disappearance from this earth of a lot of violence.

Returning to the definition of terrorism, earlier I asked whether the definition in the Bill is too broad. My concern is in relation to public order issues and my advice to the Minister and Government is that they should not go over the top in this regard. They should also be careful about handing over powers in this regard to the EU and other authorities. I do not support violence or violent acts but I do support civil disobedience. That is the way forward because it creates a healthier society.

According to the latest EU statistics on terrorism, seven people died as a result of terrorist attacks in the EU; 152 terrorist attacks were carried out in EU member states; and 535 individuals were arrested in the EU in relation to terrorism-related offences and court proceedings in respect of terrorism charges concluded in relation to 313 individuals. Earlier I referred to the violent attacks being carried out on our own doorstep. We must remain conscious of what is going on in our own country. We must be very vigilant about defending and protecting the peace process and those who took major risks in that regard.

Overall, I welcome the Bill and this debate which provides us with an opportunity to see where we have reached. Again, I do not support violence but I do support the protection of civil liberties and the right of people to participate in peaceful and democratic protest.

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