Mick Barry (Cork North Central, Solidarity) | Oireachtas source

With these motions, the Government is asking us to give another green light to keep some of the most draconian legislation on the Statute Book for another year. These measures represent a serious attack on some key basic democratic principles. The right to trial by jury, the right to silence and the right to call witnesses in a trial are all impinged. There is also a lengthening of the time a person can be detained after arrest, a shift in the burden of proof, and the provision that the mere opinion of a Garda be treated as evidence. The Socialist Party and Solidarity oppose these so-called emergency measures. We have opposed them since their inception in 1998 and we will vote against their continued extension this year.

These measures were introduced after the Omagh bombing in 1998. The bombing was an atrocity. Widespread shock and revulsion was felt by people on both sides of the Border, in all communities, and internationally. The shock of the bombing and people's desire to see an end to such bombings were cynically exploited by the political establishment to erode democratic rights. This legislation was significant, yet it was rushed through the Dáil in less than 24 hours. Incredibly, the text of the Bill was only made available to Deputies hours before it was voted on, giving no time to consider and tease out its implications. This tradition has continued this year with the Government choosing not to give a report to the Dáil, as it is meant to do, at least to give a formal reason these emergency measures should be continued. At the time this legislation was rushed through, the House was told it was a necessary evil. The then Taoiseach, Bertie Ahern, described the measures as draconian, and the then Minister for Justice, Equality and Law Reform described the Act as harsh.

We were led to believe in 1998 that this attack on democratic rights would be a temporary measure. Each year, however, we have been told that this harsh and draconian law is still needed due to the current threats, whether sectarian paramilitaries, criminal gangs or international terrorism. Governments, including members of Fine Gael, Fianna Fáil, the Labour Party and the Green Party and some Independents, have signed off on this for the past 20 years. We welcome the conversion of the Labour Party this year and we will support its amendment seeking to prevent at least the extension of some of these measures.

The history of the Troubles is one in which the British state brought in measures such as internment and Diplock courts. The Irish State also brought in repressive measures. None of these measures ended the conflict. Paramilitary ceasefires were not brought about by repressive legislation. What pushed back the conflict was the opposition to sectarian conflict in working-class communities, both Catholic and Protestant. This prevented an escalation of the conflict and a descent into all-out sectarian war. Draconian legislation is not the answer; in fact, it is counterproductive. Terrorism and crime are fuelled by a number of factors. Poverty, injustice, anger against discrimination and racism, outrage against imperialist wars, and alienation from the political establishment can all be exploited to recruit young people and direct them down the reactionary and dead-end road of terrorism or crime. People should not trust this capitalist establishment with these laws.

Attacks on democratic rights that have been brought in under the guise of combating terrorism or serious crime have been continually used as a weapon to clamp down on people's right to protest and against social movements. An example of this is graphically seen today in Hong Kong, where there is an attempt to bring in a repressive law on extradition. This would legalise the Chinese dictatorship's abductions of political dissidents in Hong Kong. This is being met with mass resistance, with 1 million people taking to the streets of Hong Kong last Sunday. The regime is now attempting to use brutal repression to cut across this movement. Today 50,000 students closed roads and blocked parliament from debating the new legislation. Police launched tear gas and rubber bullets. At least two people have suffered serious head wounds from rubber bullets. There are indications that a strike led by the teachers' union is commencing in response. In order to put an end to this new law and to defend democratic rights, this strike can and should now spread. The Socialist Party and Solidarity stand with workers and young people against this repressive law and for full democratic rights in Hong Kong and China. It is essential that this movement spreads into China and is linked in with the workers' movement.

We stand against the repression taking place on the streets of Hong Kong and, in the same spirit and the same tradition, we stand against the repressive legislation put forward by the Minister and the Government for renewal in this Dáil.

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