Mattie McGrath (Tipperary, Independent) | Oireachtas source

The Offences Against the State (Amendment) Act 1998 was enacted in the wake of the murder of 29 people by the real IRA in Omagh on 15 August that year. As the former Minister for Justice and Equality said, it was a necessary response to the atrocity and the loss of 29 innocent lives, including a pregnant woman. I have spoken in the past about this with the Minister in his previous role in the Department of Foreign Affairs and Trade. I ask him to meet Michael Gallagher and his team. The anniversary is fast approaching. The Minister said he would, and he might do so. The former Taoiseach, Deputy Kenny, promised as much. They are struggling hard to find justice for atrocities that happened.

The former Minister for Justice and Equality, Deputy Fitzgerald, also said the bombing and those murders represented a direct attack on the fragile peace process and on the State, and we all agree with this. It was horrific. I was in Omagh the morning after it happened. I was on my way to Omagh that particular day. It demanded a resolute response from the State and a clear statement that the morally bankrupt culture of death adopted by these murderers would not prevail over the will of the majority on the island who wished to live in peace, as we found with the vote on the Good Friday Agreement.

The Act contains a series of amendments to the Offences Against the State Acts 1939 to 1985 to make them more responsive to the threat from certain groups. Each of us in the House is deeply concerned about the security of the State, especially since the attacks on mainland Britain. While we have no involvement, it can happen anywhere and that has been proved. We can have all the robust legislation we like, but what is the point when Garda sergeants and inspectors, and I respect what they are saying, state that if, God forbid ,we were ever attacked, the response would be wholly inadequate. We must look at this. I am not here to criticise the Minister, I am here to support him. We must look at giving gardaí the tools of the trade. The real question in this debate is not whether we have enough legislation but whether we have enough co-ordinated and effective security response measures. Whatever about Dublin, and I saw it this morning on the way in here when we were at an armed checkpoint, it appears the regions would be extremely exposed in this regard. I hope the Minister will address this and I will try to support him.

7 o’clock

Gangland crime is a heinous, rotten cancer that visits trauma on communities. The crime bosses, along with the racketeering and intimidation that take place, instill fear in people. People in rural areas are regularly victims of roving gangsters. They come into County Tipperary and other counties, using the motorways, to carry out heinous crimes. This happened to a family in Killenaule two years ago and the people concerned showed no remorse after the leaving the court on the day they were finally convicted by a very brave jury. I salute the juries. To make matters worse, in the days before that there were several court cases held in the town of Cashel. The town had to close down because mobs arrived and terrorised every shopkeeper, publican and member of the public. That is unacceptable. Certainly, there was a ring of steel around the courthouse, and I praise the Garda for that, but the rest of the town was left to fend for itself when the mobs arrived.

These people think they are above the law. They have no respect for the law or for people. We must deal with these people effectively and put them away. We cannot have them using free legal aid and the bail laws. I was shocked recently to discover that only person has ever been electronically tagged, even though the Act has been in place for a number of years. We must know where these marauding gangsters are. We cannot allow them to intimidate ordinary communities who try to be law abiding, pay their taxes and pay their rates. We cannot have a small rural town closed down for a day so these mobsters can be brought to court. If they have to be brought to court, they must be brought to the criminal court in Dublin where they can be ring-fenced instead of visiting such terror, trauma and distress on ordinary people, let alone the victims of the crime. They are the most important people of all.

We must tip the balance in our legislation in favour of victims and their families, rather than focusing on the do-gooders and the so-called rights of the criminals. I accept that they are entitled to justice and are innocent until proven guilty, but these hardened, seasoned, repeat perpetrators of heinous crimes must be taken off the streets and shown no mercy. It is not fair and right that the public and victims would be subject to that, or that such people would be allowed to appear on the media sneering and scoffing at the citizens and saying they are not afraid of them. It is sad. I would love to see restorative justice. I am not somebody who wishes to lock them up and throw away the keys, but hardened criminals such as these must be dealt with effectively. Power must be given to the Garda and the courts to deal with them. That is the reason we need these special courts. I am not wildly in favour of having special courts but we need them at present to curb the terrorism threat as well as the threat of gangland crime.

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