Dáil debates

Wednesday, 23 June 2021

Offences against the State (Amendment) Act 1998: Motion

 

5:37 pm

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Independent) | Oireachtas source

I welcome the opportunity to speak on this important debate. I support the extension of the relevant sections of both the Offences against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009. I will outline why I support these extensions.

The Offences against the State (Amendment) Act 1998 was enacted as a result of the terrible atrocity in Omagh, where 29 people were murdered by a group known as the Real IRA. This was a terrible act which my home town of Dundalk has unfortunately been linked with on many occasions since. The people of Dundalk were enraged by this heinous act and demonstrated at the time and many times since. There is no doubt that paramilitary organisations are still active on this island and we need every power possible to deal adequately with this threat. The bottom line is that paramilitary groups are totally opposed to democracy and the rule of law. They will stop at nothing in an attempt to break the law, including intimidating people. It is imperative that the authorities have enough power to deal adequately with these threats. The extension of the relevant sections of the Offences against the State (Amendment) Act 1998 deals with this. There is no doubt that this legislation is not perfect. As has been said many times before, it needs to be updated and improved, but until it is done, we do not have any option but to continue to extend these sections of the current Act. I ask those who are opposed to this what a realistic and viable alternative is. The bottom line is that authorities need these powers to carry out their duties.

I support the extension of the relevant sections of the Criminal Justice (Amendment) Act 2009 for a further 12 months. The Act was put in place to combat organised crime. In the town of Drogheda in my constituency, over the last number of years there has been a turf war involving two drug groups. The devastation and destruction that this has caused in the town cannot be overstated. Families have been destroyed, lives have been ruined and lost, communities have been divided and young people have been scarred for life. These drug groups have no fear of anything or anyone. Life has no value for them. Their only aim is to get more drugs onto the streets and destroy lives. Without the Criminal Justice (Amendment) Act, I believe that the crisis in Drogheda could have been much worse. There is no doubt that these groups have no problem with intimidating witnesses or juries. We have already seen that happen. It should be noted that over the past 12 months, the gardaí have made significant progress in combatting the activities of organised criminal gangs, especially in the north east. This has been welcomed by the local community. The continued use of visible patrols, checkpoints and other actions has no doubt been a significant factor in the reduction of gang-related violence in the north east.

The report for the last 12 months until the end of 31 May 2021 shows that six arrests have been made under section 71A, 74 arrests have been made under section 72 and 24 arrests have been made under section 73. The Garda Commissioner has reported that since the enactment of the Criminal Justice (Amendment) Act 2009, 530 arrests have been made. In 2020, the Garda National Drugs and Organised Crime Bureau seized in excess of €36 million worth of illegal drugs, 23 firearms, 2,131 rounds of ammunition and €8 million in cash, and made 228 arrests. In this debate, we must consider the views of the Garda Commissioner. He stated that this legislation continues to be important in the ongoing efforts to tackle criminal associations and serious organised crime. He stated that he would welcome and recommends that the relevant section of the Criminal Justice (Amendment) Act 2009 be extended for a further 12 months. As legislators, we must listen to those who are tasked with enforcing the law that we introduce. I fully support the extension of the relevant sections for a further 12 months.

It is important to listen to all sides of this debate but it is more important that we give people in relevant positions adequate powers to carry out their duties. There is no doubt that Deputies here today will oppose this extension. What can they offer as an alternative? As I stated, the legislation is not perfect. No legislation is. The Garda Síochána and our courts must have the necessary power to carry out their duties. Will those opposing an extension outline what they believe would happen if these powers were not put in place? I once more put on record my full support for the renewal of these provisions for a further 12 months and urge other Deputies to follow suit.

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