Pa Daly (Kerry, Sinn Fein) | Oireachtas source

It is 20 years since the previous review of the Offences against the State Act and the special powers it sets out, some of which predate the Second World War. As several speakers have noted, an annual review is not satisfactory. Three years ago, we called for a review of the system, which was granted. We need 21st century laws to tackle 21st century criminals. That encompasses everything, including increased Garda visibility on the streets and more resources and protection for those who are giving evidence against dangerous gangs. The powers granted under the Act are a departure from historic common law norms but we must ensure the Garda and the courts have the powers they need to take on organised crime.

The former Minister, Deputy Flanagan, agreed to a review of the legislation and it is good news that the current Minister, Deputy McEntee, has established it. The purpose of the review is to take into account the current threat posed by terrorism. The Minister noted in her speech that an international terrorist threat is unlikely. The review seeks to deliver a criminal justice system that is both effective and fair. It will take into account our constitutional obligations and those arising out of decisions of the European Court of Human Rights. The chairman of the review group, Mr. Justice Peart, recently reported that the public consultation has concluded. I note the extremely low usage rate of the Offences against the State Act in the past year. There has been a total of some eight offences altogether this year, whereas, back in 2002, 115 cases were taken under section 9 alone.

It is simply not right, as noted in a court case last year, that a civil servant should have the power to refer cases unchallenged to the Special Criminal Court without any reason or explanation. In one instance, a prosecution was tried in the ordinary courts and, when a retrial occurred, it was dealt with in the Special Criminal Court. There have been a lot of difficulties with the court over the past year. In that particular case, I understand there was no evidence of any jury intimidation. However, the DPP was able to make the decision to have it prosecuted in the Special Criminal Court.

The review group is highly respected. I hope it will have brought forward proposals for improvement by this time next year and that the Government will then introduce legislation. We want to work with the Government to bring about necessary change and improvement. There is no doubt we can improve on what is there, which it is the job of legislators to do. I do not see how laws that were crafted nearly 100 years ago, in the 1930s, can possibly be fit for purpose in the 21st century. Considering the cyberattack on the HSE last year and the rise of international criminal groups, which have become more sophisticated as they have consolidated, it is obvious our laws need to be improved. We all want the same thing, which is to ensure we have safer, vibrant communities. Our job as legislators is to put the tools in the hands of the Garda and the courts to make that happen.

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