Charles Flanagan (Laois-Offaly, 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, 2020 and ending on 29th June, 2021.

The House will be aware that 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. Thankfully, through the efforts of the democratic people North and South of this island and, indeed, the ongoing watchfulness of An Garda Síochána and their colleagues in the PSNI, there has not been another tragedy since on the scale of Omagh. It nonetheless remains crucial that those who display utter contempt and disregard for the people of Ireland and who continue with their efforts at death and destruction, are given a clear statement that this behaviour will by no means be tolerated.

I want to address at the outset a number of amendments that have been put down by Members of this House. In that regard, I cannot accept that the information that is put before the House today is in any way insufficient for Deputies to reach a considered view on the continuation of these provisions.

Some Members of the House are concerned about the role of the Special Criminal Court in the justice process. However, none of us can be blind to the threat posed to the criminal justice process by individuals, by terrorists and organised criminal groups who seek daily to subvert the system through intimidation of citizens. I want to make it clear that I am not averse to a review of this legislation; indeed, far from it, as will become clear in the months ahead. In this regard, Deputies will be aware of the intensive work taking place to implement the recommendations of the Commission on the Future of Policing in Ireland. That root and branch blueprint for policing includes a comprehensive review of security legislation. I refer Deputies to Chapter 11 of that report. Work ongoing in my Department to bring forward that review of the offences against the State legislation will, of course, be part of that review, including the provisions that are before us today. In that regard, therefore, I ask Deputies to withdraw their amendments and support the motions before the House today in line with their valued and welcome support for the recommendations in the Commission on the Future of Policing in Ireland and the implementation of its ambitious vision for policing in this State.

Returning to the 1998 Act, I have laid a report before the House in relation to the operation of the relevant provisions to be renewed. This report also sets out a brief assessment of the security situation. That assessment shows the Garda assessment is that there remains a real and persistent threat from republican paramilitary organisations and groups on this island. We all know these dissidents are opposed to democracy and opposed to the rule of law. The ruthless and continuing attempts to murder and maim, such as the attempt earlier this year to smuggle a bomb onto a Belfast passenger ferry to co-incide with Brexit, demonstrates the scant regard for human life these people have. The cowardly attempts to intimidate journalists and politicians demonstrates their contempt for an open and free democracy.

In the previous year, there has been an increase in paramilitary shootings and attacks in Northern Ireland, including attempts to murder and maim members of the PSNI. The continuing discovery of arms caches, including recent finds in this jurisdiction such as that in Galway in April of this year, are stark reminders of their intent. We see the use of these provisions culminating in the most serious cases being brought before the Special Criminal Court.

The first conviction for directing terrorism under these provisions dates back to 2003, with the most recent in 2017. These are very significant cases involving those at the most senior level in these organisations.

In addition, in recent years there have been important convictions for membership of unlawful organisations where the court has been able to draw inferences using these provisions. The report before the Houses provides data showing that these provisions have been used 70 times in the period under review. In this period, the total number of people arrested under the provisions of the Offences Against the State Act 1939 is 146, of whom 40 were detained for offences contrary to the provisions of the 1998 Act. Seven convictions have been secured in the courts in the reporting period and a further 35 persons are awaiting trial. It is our duty to ensure that those tasked with protecting us from this threat, and who frequently risk their lives in doing so, have at their disposal the appropriate measures to meet it. The powers available under the 1998 Act are considered by An Garda Síochána as essential to maintaining preventative action against these terror groups. As such, I am advised by the Garda Commissioner that there is a clear need for the continuance of these provisions. I accept that advice.

In addition to the threat posed by domestic terrorists and the importance of countering that threat, it is important not to lose sight of the threat from international terrorism. While the 1998 Act was a strong response to our domestic troubles, its provisions form an essential element of the State's response to the threat of terrorism from any source. We have been particularly fortunate in Ireland to have been spared the kinds of attacks visited on our European partners. As an open democracy, however, we cannot consider ourselves immune from such threats, and in co-operation with our EU and international partners, we will continue to identify and respond to that threat. It is essential that the relevant provisions continue in force for a further 12 months to support the ongoing investigation and destruction of terrorist activity.

I turn to section 8 of the Criminal Justice (Amendment) Act 2009, which is also the subject of a motion before the House. The Act was a response to a number of difficulties that were being experienced where the entire justice system was considered to be under serious threat. At the time, An Garda Síochána was encountering difficulties in persuading people to give assistance in its investigations and there was significant evidence of intimidation of witnesses. The measures contained in the Act were designed to tilt the balance firmly in favour of the rule of law and of justice. In view of the real threat posed by organised crime, section 8 of the 2009 Act provides for a limited number of specific organised crime offences to be prosecuted in the Special Criminal Court, subject to the prerogative of the Director of Public Prosecutions to direct that offences be tried in the ordinary court. The ability to use the Special Criminal Court for a limited number of organised crime offences removes the possibility of jury tampering or the intimidation of jurors.

Our society greatly values trial by jury and must protect that value, but we cannot ignore the reality of organised crime and the threat it poses to the criminal justice process. There is, unfortunately, stark evidence of the willingness of these organisations to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. We are all aware that the reach of these groups is not limited to this State, nor are the efforts of the Garda, which works closely with a range of police and law enforcement bodies internationally. Some security risks, which in the past were mainly associated with subversive paramilitaries, are now also associated with criminal groups. In fact, there is ample evidence of inextricable links between those who engage in paramilitary activity and organised criminal gang activity.

It is also clear that age is no barrier to becoming a victim of their barbaric violence. The gruesome and cruel killing of a teenage boy earlier this year is stark evidence of their contempt and lack of humanity. That shocking act is a reminder, as if one is needed, of their ever increasing depravity. If criminals are prepared to take human life, they are quite prepared to subvert the system of justice.

Accordingly, there is a necessity for legislation that anticipates this possibility to be firmly in place. That view is echoed by the views of An Garda Síochána, which are set out in the report before the House. I am, therefore, satisfied as Minister for Justice and Equality that section 8 of the Criminal Justice (Amendment) Act 2009 should continue in operation for a further 12 months. The existence of these provisions means those engaged in terrorist activity or involved in organised crime are aware the State remains resolute in its determination to use every lawful means to defeat them. I commend the motion to the House.

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