Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

The Minister for Justice and Equality, who introduced the Bill in this House last evening, regrets that she is unable to be here today and I am pleased to stand in for her for the remainder of the debate. On behalf of the Minister, I wish to thank the House for giving its time to this most important matter. I thank Deputies for their contributions, comments and general if not unanimous support for this important legislation. It is clear that there is a shared determination to combat terrorism, in all its forms and at all stages. This Bill strengthens our hand in this regard by further developing and enhancing existing counter-terrorism legislation. It focuses on the more subtle, indirect and insidious aspects of modern terrorism, namely, public provocation, recruitment and training. The Bill makes it an offence to engage in any of these preparatory activities and provides strong penalties for those found guilty of them, including up to ten years imprisonment if the crime is sufficiently serious.

We continue to learn that events far from our shores may have an impact on us domestically. Thankfully, Ireland has not experienced any of the horrendous attacks experienced in other European member states, yet we must never be complacent. This legislation will add to Ireland's ability to deal with the threat from terrorism both domestically and internationally.

While we have not yet been directly affected, we must, as a long-standing member of the EU, show solidarity with our fellow member states. In that regard, the House can be assured that Ireland will continue to contribute to initiatives in this area from a European perspective also. A number of points of action have been identified as requiring particular priority from an EU perspective. The Minister for Justice and Equality yesterday alluded to the EU passenger name records directive in some detail. Member states also continue to examine other ways in which our security and policing agencies can enhance levels of co-operation and information exchange. Europol has recently proposed the setting up of a counter-terrorism Internet referral unit where police agencies can exchange information on abuses of the Internet for terrorist purposes. This is to be welcomed and An Garda Síochána will continue to co-operate with its international colleagues in this sphere.

More also needs to be learned about the individuals financing and supporting terrorism within Europe. The many and circuitous routes foreign fighters take to travel to the combat areas must be identified and greater engagement with non-member states who have a shared interest in these matters must occur. Initiatives in this area are ongoing and being developed. This is a truly international problem.

The threat from international terrorism is also undoubtedly a complex one. There was a time when we could point at a specific organisation or structure and take action to reduce its terror capabilities and dismantle its infrastructure. The new nature of terrorism is much more random and the traditional formal organisational and hierarchical structures no longer apply in many cases. The threat becomes more difficult to detect, anticipate and deal with.

Many of the attacks we have seen recently are carried out by individuals or small cells of individuals, self-motivated and radicalised. Some have received training in the combat zones of the Middle East. A number of the attacks in France bear this hallmark. The attacks carried out by theseindividuals clearly demonstrate the threat posed by the foreign fighter phenomenon.

As previously outlined, the Internet has proved a powerful tool for the forces of radicalisation. The EU has identified curbing the use of the Internet for recruitment and radicalisation purposes as another key action requiring attention. The challenge in this area is phenomenal. For example, it is estimated that 300 hours of content are uploaded to YouTube every minute. Twitter processes 500 million tweets per day. For every site or tweet taken down, there are many more waiting to replace them. Dealing with the abuse of these resources, which are enjoyed by many for legitimate reasons, requires more than simply attempting to remove the offending content or making its presence illegal. It is apparent that the companies offering Internet based and social media services do not view the exploitation of their product by terrorists as desirable. Indeed these companies are engaged in trying to develop ways of addressing the issue. However, the ready availability of this content needs to be questioned. We are not talking about curbing freedoms of expression or speech here. We are simply asking whether this doctrine of hate and intolerance should go unchallenged. Greater engagement with the technology companies and Internet service providers is required. More research is also needed into what content has a genuinely radicalising effect and what does not. Is it, for example, the preaching of radical clerics or, particularly where young people are concerned, simply peer group pressure? Why is it that our modern progressive democracies based on free speech and expression seem so hateful to some of our own citizens? Hard questions need to be asked. Responses need to be developed.

Considerable resources have been invested by the EU Commission in the creation of its radicalisation awareness network to examine the issue of radicalisation in all of its facets. These include initiatives in the areas of policing, community relations, prisons, mental health and the technology sectors. Ireland contributes on a number of fronts to the workings of this network.

It is obviously very important to have international co-operation, strong security measures and empowering legislation to deal with the terrorist threat. A purely law enforcement based approach will not, however, sufficiently address radicalisation and violent extremism. It is also necessary to have policies and initiatives in place at national level that serve to discourage people from being drawn into extremist activity and to protect communities that may be at risk from radical sources. The best prevention is to stop people from getting involved in anti-social, violent or terrorist activity in the first place and to convince them to turn away from such behaviour. There is a need for meaningful engagement with communities who may be under threat from radical sources.

An important part of this process is avoiding any sense of profiling or stigmatising sectors of the population. The protection of fundamental rights and the recognition that the majority of people want to live peaceably and play a productive part in society are enshrined in this engagement. Integration of all of our citizens in our society - their society - has a very important role to play in this regard. A good example of a proactive approach in engaging with our minority communities is the work of the Garda racial, intercultural and diversity office to which the Minister referred yesterday in her opening speech.

On the subject of integration and inclusiveness, the office for the promotion of migrant integration in the Department of Justice and Equality is in the process of developing a new strategy on migrant integration. This follows a lengthy consultation process with a wide range of groups representing migrants throughout society. This process of engagement is very important not just in the context of seeking to prevent seditious activity, but in the general spirit of inclusiveness for all of our citizens in our democratic society.

In his contribution on the Bill last evening, Deputy Collins inquired as to what action could be taken on Irish citizens engaging in foreign fighting. The Passports Act 2008 contains provisions under which the Minister for Foreign Affairs and Trade can refuse or cancel a passport. Should the Minister, following consultation with the Minister for Justice and Equality and-or the Minister for Defence, as appropriate, form the opinion that a person would be likely to engage in conduct that would prejudice national security or the security of another state, the Minister may cancel a passport already issued to an Irish citizen. A cancelled passport must be surrendered to the Minister. A person who uses or attempts to use a cancelled passport is guilty of an offence and is liable on conviction on indictment to a fine or imprisonment for a term of up to ten years.

In addition, the Irish Nationality and Citizenship Act 1956, as amended, provides for the revocation of citizenship of naturalised persons in certain circumstances. In the event of any information being brought to the attention of the Minister for Justice and Equality which should have been disclosed by a naturalised citizen, the Minister can invoke the statutory process which exists for the consideration of revocation of citizenship. I understand, however, that the revocation of citizenship is not an entirely straightforward matter. Such cases would have to be handled on a case by case basis, in consultation with the State's legal services. Certain factors would have to be taken into account, such as whether the person has dual citizenship and whether he or she has already re-entered the country. Under the relevant legislation the subject has the right to appeal to a statutory committee which then considers the matter in full and reports its findings to the Minister for Justice and Equality, who will then decide on the matter.

There is considerable concern throughout Europe and elsewhere at the phenomenon of individuals travelling to conflict areas in the Middle East and the consequential threat posed to national security. While the number of Irish citizens who are believed to have travelled to the conflict zones is estimated at between 25 and 30, within this number are individuals who travelled to Libya and other Arab states to take part in the popular uprisings known as the Arab Spring which began in December 2010. Some of these individuals are known to have returned and three died in the conflicts. In Ireland, the Garda Síochána monitors the movements of those suspected of involvement in extremist behaviour, and in line with best practice internationally has engaged with returnees from the conflict areas. For obvious reasons it is not possible to be any more specific than this.

Dealing with, and discouraging, extremist and terrorist activity is obviously very different from discouraging or suppressing legitimate rights to freedom of speech or the expression of opinions and political ideologies. It is vital in a democratic world that the right to express views and beliefs, sometimes outside the mainstream, is protected and that journalists, for instance, are free to voice their commentary. Such fundamental human rights should not be compromised, as to do so would play into the hands of extremists who would seek to forcibly deprive us of these rights.

I will turn to specific questions asked by Deputies. Deputy Mac Lochlainn asked about the delay in the transposition of the amending Council framework decision on combating terrorism. Transposition of EU legislation is, unfortunately, often delayed not due to any lack of commitment or willingness on Government's part, but due to the volume of legislation produced by the EU and to competing demands with domestic legislation. It is a question of prioritisation and I expect that the Bill will be enacted very shortly.

Deputies asked why the definition of "terrorist activity" and "terrorist linked activity" in the Criminal Justice (Terrorist Offences) Act 2005 are so broad. The 2008 framework decision, to which this legislation gives effect, provides for the addition of three new offences to the definition of "terrorist linked activity" in the 2005 Act. All member states agree these new offences should be included in any definition of terrorist linked activity at this time, thereby building on the existing offences contained in the 2005 Act.

Existing offences covered by the definitions of "terrorist activity" and "terrorist linked activity" are set out in Schedule 2 of the Criminal Justice (Terrorist Offences) Act 2005. The Schedule lists the offences which, with the requisite intent, would constitute terrorist offences. These include common law offences such as murder and rape; offences under the Non-Fatal Offences against the Person Act 1997; offences under the Criminal Damage Act 1991; offences under the Explosives Substances Act 1883; and offences under the Firearms Acts and Chemical Weapons Act, to name but a few. In this way, only the most serious offences are covered in our legislation by the definitions of "terrorist activity" and "terrorist linked activity".

In response to the points raised by Deputies Daly and Murphy, section 6(5) of the Criminal Justice (Terrorist Offences) Act 2005 provides that where persons engage in protest, advocacy or dissent it does not in and of itself constitute a terrorist offence. The Government has repeatedly made it clear that extraordinary rendition is an illegal practice which Ireland does not accept, and there is no question of the State having been complicit in the practice of extraordinary rendition. Any person with credible information that Irish airports are being used for any alleged unlawful purpose should report their concerns to An Garda Síochána.

Deputy Mitchell mentioned Ireland's ratification of the Council of Europe Convention on the Prevention of Terrorism. One of the purposes of the Bill is to enable Ireland to ratify this convention. Work will begin on this process following the enactment of this legislation.

I note that an amendment on data protection and onward transfer will be tabled by Deputy Mac Lochlainn on Committee Stage and we will address this next week.

The Bill will ensure there are no gaps in our laws that can be exploited by those who would seek to inflict terror and mayhem on innocent people at home and abroad. We must ensure there can be no hiding place in democratic society for those who encourage, recruit or train others to carry out acts of terrorism and we must never relent in our determination to use all resources at our disposal to root them out. This is not just a fight against terrorism and intolerance. It is a battle for hearts and minds, and the House can rest assured that Ireland will continue to play its part. On behalf of the Minister for Justice and Equality, I am pleased to commend the Bill to the House.

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