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

I thank the Deputies who contributed to the debate. In particular, I thank Deputy Niall Collins for supporting the motions. I remind colleagues that the only parties that are attacking democracy are the criminals and terrorists who would seek to undermine it. I remind the House, too, that we have independent courts in this country which have served the State well and whose integrity is beyond question. The Judiciary is the final arbiter in this process. The measures before us this evening are not undemocratic. My presence here and the discussion we have had are an assertion of the democratic principle. It is for the Dáil to vote on these matters as it sees fit. Bringing these measures before the House every year is an essential part of the democratic process. It is the democratic way to present measures to Members and request their approval.

Despite Deputy Paul Murphy's suggestions to the contrary, this is not about suppressing social movements and protest. That is inaccurate. The Deputy will see from the reports that were laid before the House precisely how and in what circumstances the measures have been used. Any democratic state has the right to defend itself from elements which seek to undermine its authority and structures. Although the legislation does provide for trial at the Special Criminal Court, it also makes clear that trial in the conventional courts is not ruled out. The Director of Public Prosecutions has discretion in this area, and the fact that no cases have been sent forward to the Special Criminal Court shows these are not decisions that are taken lightly.

At the same time, the lack of use does not mean the provisions are not necessary. The State must be in position, as I said, to deal with elements in our society that would seek to undermine it. This is not a charade or ritual. The legislation is before the House because it is considered vital to retain it. If we examine the work that is done by the Garda authorities, the ongoing efforts to combat organised crime, the firearms that are seized and the continual success in disrupting the activities of those elements which would seek to do harm to this country, it is very clear there are real threats facing us. Deputy Clare Daly is correct that on each occasion these measures have been put before the House by this Government, we have stated that the threat in Northern Ireland remains severe. We have said that because it is true. It is reflective of the reality of the situation and the challenges we continue to face. I agree with Deputy Pádraig Mac Lochlainn that both Governments must work continually to improve the situation in Northern Ireland and maintain the peace. He is absolutely correct in that.

I make no apologies to the House for the measures contained in these proposals. It is the fundamental duty of Government and all Members of this House to do our utmost to ensure the security of our people. We cannot contemplate a situation where democracy is undermined by terrorism. Having just returned from a two-day meeting of justice and home affairs Ministers in Luxembourg, where the threat of terrorism across Europe remains top of the agenda, it is clear there is no room for complacency respecting, for instance, the threat posed by ISIS. We have seen attacks in France and Belgium. We see from the conflicts in Syria and Libya the huge challenges that present in trying to support people in those countries. There is an enormous challenge to face right across that part of the world.

We cannot contemplate a situation where democracy is undermined by terrorism. As Minister for Justice and Equality, I have a responsibility, with my Government colleagues, to recognise and protect the human rights of all citizens. There is no greater human right than the right to life. That is why I commend these motions to the House.

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