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

I move:

That Dáil Éireann resolves that sections 2 to 4, 6 to 12, 14 and 17 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998) shall continue in operation for the period beginning on 30th June, 2015 and ending on 29th June, 2016.

The House will be aware that the Offences Against the State (Amendment) Act 1998 was enacted by the Oireachtas in the wake of the murder by the Real IRA of 29 innocent people in the Omagh bombing in August 1998. This atrocity demanded a robust response by the State and the legislation enacted then was a necessary and proportionate measure to defend the desire of the vast majority of law-abiding people on this island to live in peace. The Act contains a series of amendments to the Offences against the State Acts to make them more responsive to the threat from certain groups. Principally, these amendments concern changes in the rules of evidence for certain offences under the Acts, including the drawing of inferences in certain circumstances, the creation of new offences such as directing an unlawful organisation, possession of certain articles and collecting information, and extending the maximum period of detention permitted under section 30 of the 1939 Act to 72 hours.

Section 18 of the 1998 Act, as amended by section 37 of the Criminal Justice Act 1999, provides that sections 2 to 4, inclusive, 6 to 12, inclusive, 14 and 17 must be renewed by the Oireachtas at specified intervals if they are to remain in force. By virtue of resolutions passed by both Houses of the Oireachtas in June 2014, these sections were continued in force for a period of 12 months. Before moving any motion for renewal, the Act requires that I lay before the Oireachtas a report on the operation of the relevant provisions. The current report covers the period from 1 June 2014 to 31 May 2015, and was laid before the House on 10 June 2015. It includes a table showing usage figures for each of the years since the Act came into operation.

It is the fervent wish of the Government and, no doubt, the House that a time will come when the provisions will no longer be required. However, as Minister for Justice and Equality I must take into account the reality of the situation. The Garda assessment, shared by the Police Service of Northern Ireland, PSNI, is that there is a real and persistent threat from terrorist groups on this island. The threat level in Northern Ireland from these groups is regarded as severe, and while the direct threat in this jurisdiction may be different, these groups carry on planning and logistical activities in the State. These groups are vehemently opposed to peace and seek to attack the institutions of Northern Ireland and destabilise the peace process. However, I am determined they will not succeed in their objective.

I pay tribute to the men and women of the Garda Síochána who work tirelessly to counter the threat from paramilitary organisations. The Garda authorities co-operate very closely with the PSNI in this regard, and this is a key relationship in protecting communities across the island. It is the clear view of the Garda Síochána that the Act continues to be a most important tool in its ongoing efforts in the fight against terrorism. The Garda authorities have stated that the provisions of the Act are used regularly, which is evident from the report I have laid before the House. In the time available, I will not go through all the relevant sections in detail. The report I have provided gives details of the instances in which the various sections have been used during the period in question and there is a lot of detail there. The report also indicates that a number of sections, namely, sections 3, 8, 12 and 17, were not used during the reporting period in question. However, it should not be inferred from this that these provisions are redundant or unnecessary, given that the usage of the sections varies from time to time and from year to year.

Terrorist groups remain a threat to the people on this island. They are opposed to the benefits that have flowed from the peace process and are determined to undermine them. The State must retain in its laws the capacity to defeat them, and we have a duty as legislators to ensure this is so. On the basis of the information set out in the report and on the advice of the Garda authorities, I propose that the House approve the continued operation of the relevant provisions of the 1998 Act in order for them to remain in operation for a further 12 months, commencing on 30 June 2015.

I turn now to the motion regarding the Criminal Justice (Amendment) Act 2009. The Act was a response to a number of difficulties facing the justice system at a time when certain organised criminal gangs were behaving as though they were beyond the law and untouchable by gardaí and the courts. Hand in hand with the disregard for human life was the intimidation of whole communities to prevent people co-operating with the law. There was significant evidence of intimidation of witnesses and some courts faced difficulties in empanelling jurors. It was clear that these gangs were prepared to go to any lengths to thwart the criminal justice system. It was imperative, therefore, to take the necessary steps to ensure the criminal justice system could withstand the challenges it faced from them.

The reasons the Government and I, as Minister, are seeking the renewal of section 8 are clear. Organised crime continues to present a significant problem. There is, unfortunately, stark evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Although the provision has been in place since 2009 and there have been arrests under the relevant sections of the Criminal Justice Act 2006, no case has come before the Special Criminal Court in accordance with section 8. However, this does not invalidate the reasoning for having such a provision available for use in appropriate circumstances. The use of the Act to date serves to highlight the considered approach of the Director of Public Prosecutions in exercising her discretion to direct that cases would be tried in the ordinary courts where it is possible to do so. The Garda Commissioner has made clear to me her view that the provision will be required for some time to come and I must have the utmost regard for the views of the Garda authorities on this matter. The Commissioner has the Government's full support in tackling these threats to the fabric of our society.

In the period under report, there were a total of 25 arrests under the relevant provisions of the Criminal Justice Act 2006, with 18 arrests under section 72 and a further seven arrests under section 73. Sections 71A and 76 were not used in the reporting period in question. The House will share my view that trial by jury must be preserved to the greatest extent possible. However, we cannot ignore the threat posed to the criminal process by individuals, terrorist groups and organised criminal groups who seek to intimidate jurors or potential jurors. Their aim is to subvert the criminal justice system but we cannot allow that to happen. We must take appropriate and proportionate measures to prevent such interference. In the circumstances, I consider it necessary to continue section 8 in operation for a further period of 12 months beginning on 30 June 2015. I commend these motions to the House.

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