Dáil debates
Tuesday, 14 June 2016
Offences against the State (Amendment) Act 1998: Motion
7:25 pm
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source
I thank Deputy Jonathan O'Brien for sharing time. The elements of legislation proposed for renewal today come up every year. I and my party colleagues are of the very strong view that it is neither appropriate nor justified to continue to renew this legislation. It is important that we recognise that emergency legislation and the entire raft of so-called Offences Against the State Acts, dating from 1939 to 1972, and again since 1998, with this renewable series of sections, serve no good at this point and, arguably, as I have articulated on the floor of this House these past 19 years, have served no good at any time.
The Good Friday Agreement, to which Deputy Jonathan O'Brien referred, requires steps towards security normalisation, including the progressive elimination of the Acts' provisions. It is not appropriate or justifiable to continue with this legislation, with the Good Friday Agreement now in place for a full 18 years. No emergency exists that could possibly justify the continuation of the draconian measures contained in the sections that are up for renewal or, indeed, the rest of the Offences Against the State Acts as a compendium. This legislation has a highly corrosive effect on human rights, civil liberties and democratic life in this State.
I want to make it abundantly clear that Sinn Féin has no difficulty facilitating the introduction of good law to deal with any shortcomings that may exist. Adequately resourcing the Garda and maintaining a consistent, committed strategy to tackling gang crime is what is needed. I want to see gang crime and the fear it generates removed from our streets and from our midst. These Acts and measures are clearly not working in that regard. It is my firm belief that new thinking is required. I look forward, in my capacity as the new Chairperson of the Joint Oireachtas Committee on Justice and Equality, to an opportunity to discuss these important matters further in a calm and measured way.
Needless to say, and as has already been stated, we will not be supporting the renewal of these powers, which we have opposed year upon year. I ask Members to reflect on the real and growing consensus at home and abroad in regard to the Special Criminal Court and related unnecessary legislation which should be removed. As Deputy Jonathan O'Brien said, the Irish Council for Civil Liberties, the UN Human Rights Committee, some high-profile barristers - although clearly not all are of the same view - and other public commentators, as well as Sinn Féin, have all expressed concern in the past about its continuing existence.
Again, it is critically important that I not only emphasise, but that the Minister and others fully understand and accept, that we will not be and most definitely are not soft on crime. It is critical there is proper resourcing and legislation to provide for effective address of the abuses and abominable actions we have witnessed on our streets, not only in the recent past but going back over some considerable time. We will not be supporting the motion.
No comments