Dáil debates

Wednesday, 24 June 2020

Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions

 

11:55 am

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

I thank the Ceann Comhairle and wish to acknowledge the importance of the debate here in this House and for the time given to it to consider these very important matters. I want to thank every one of the Deputies who made a contribution, particularly Deputies O’Callaghan, O’Gorman and Lowry who spoke in favour of the motions and indeed other Deputies who made some very important and constructive points which have informed the debate.

On the provisions of the 1998 Act, the stark reality is that there remains a substantial threat from terrorist activity and in particular from dissident republican paramilitary groups. These activities and this behaviour does warrant the continuance in force of the relevant provisions. As the debate has shown here over the past almost two hours there is no question of any annual blind acceptance of these provisions or annual rubberstamping. What we had here was a real and serious debate which was based on two reports that have been presented before the House which show the use of these legislative provisions over the past 12 months. Membership of an unlawful organisation inferences were made on 11 occasions; the matter of notification of witnesses occurred on four occasions; possession of articles for a purpose connected with certain offences arose on ten occasions; withholding information arose on seven occasions; the number of cases where extensions were applied for occurred on six occasions and where extensions were granted occurred on six occasions; and the number of cases in which convictions resulted and where charges resulted were four. Under the section 14 covering scheduled offences, this occurred on 18 occasions. This is not a rubber stamp but careful and due consideration. Not only is the State entitled to but it is obliged to take appropriate legislative measures in order to protect itself and its people. Indeed, this legislation, as part of the main body of the State’s laws to counter subversive activity and terrorism, remains an essential tool in tackling terrorist groups and activity on our island.

I reject those who have said that these legislative provisions have made no difference. I would go further to say that these provisions are making a big difference as the State responds to terror and gangland activity. The evidence is in the courts and in these reports to show that the renewal of these provisions sends a loud and clear message that the State will not yield to those who oppose democracy and continuously oppose the rule of law. We remain firm in our resolve.

I acknowledge what Deputies Kenny, O’Gorman and others have said about the review. I restate the fact that there will be a review and am more than looking at the possibility of one. The fine details of the review can be worked out by the incoming Government. I ask the House to appreciate that a review of this nature will require a significant body of work and it will be independent and comprehensive. The arrangements are currently being scoped. The work is being done in accordance with the Commission on the Future of Policing in Ireland and its report which continues to chart an avenue for the most comprehensive and radical police reform that the country has ever seen. I hope that this work will continue assuming that we have a permanent Government next week and that we can revert to the appropriate legislative programme that is necessary in order to ensure that we as a Dáil and parliament are responding. Everybody in this House knows from our experience the devastation that organised crime is inflicting on individuals and their communities. I agree with Deputy Nash and the case he makes again for Drogheda is something I believe will form a priority in the work over coming weeks.

In conclusion, I acknowledge the quote of Deputy Catherine Murphy when she quotes me from last year. I agree that I look forward to the day when we will not have a need for a special criminal court but we are not there yet. These renewals mark a significant contribution in the overall effort to tackle organised crime.

I am grateful for the Deputies' responses. Once again, I commend the motions to the House.

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