Dáil debates

Thursday, 25 May 2023

Ceisteanna Eile - Other Questions

Courts Service

9:40 am

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

The Offences Against the State Acts constitute our primary counter-terrorism legislation, which has served the State well over many years in tackling the threat posed by subversives and organised crime gangs.

I can confirm that the independent group appointed to review the Offences Against the State Acts, including the Special Criminal Court, has completed its work and I met the chairperson, Mr. Justice Michael Peart, on Thursday, 18 May. I thank Mr. Justice Peart and all the members of the review group for their diligence and commitment over more than two years in conducting this important work.

From my discussion with the chairperson, I know the group approached its task with rigour, commissioning research and analysis and undertaking extensive consultations with State agencies, other experts in this jurisdiction and elsewhere, civil society and the wider public to inform its deliberations. It will obviously take some time to consider the views of the group on this most important of subjects and to develop a full response but in the short term, its outputs will first be brought to Government with a view to publication in June.

The Deputy will be aware that I received approval at Cabinet on Tuesday to move resolutions in both Houses to continue certain provisions of the Offences Against the State Acts and the Criminal Justice Acts. I am satisfied that there remains a real and persistent threat from terrorist activity, in particular from so-called "dissident" republican paramilitary groups based on clear and consistent advice to me from the Garda Commissioner, which warrants the continuance in force of the particular provisions of the Offences against the State (Amendment) Act 1998. Neither, of course, can we ignore the potential threat from international terrorism. No state can afford to be complacent in this regard. The provisions of the Acts constitute an essential part of this country's response to terrorism.

In respect of the Criminal Justice Act 2009, serious organised crime continues to present a significant challenge. While intensive Garda activity aimed at countering these gangs has had considerable successes, much work remains to be done. A provision in section 8 of the 2009 Act, which allows the Special Criminal Court to try certain and serious offences regarding organised crime in order to eliminate the possibility of jury intimidation, also continues to play an important role in the fight against serious and organised crime. It is my intention to publish the review in advance of asking this House and the Upper House to pass the resolution in June.

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