Helen McEntee (Meath East, 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, 2023 and ending on 29th June, 2024.

The two motions before the House seek the approval of Dáil Éireann to continue in force provisions of the Offences Against the State (Amendment) Act 1998 aimed at tackling terrorism, and the Criminal Justice (Amendment) Act 2009 in respect of organised crime. Given the nature of these important provisions, the Houses of the Oireachtas has decided that they should be periodically reviewed. As Minister for Justice, I am required to lay reports before the Oireachtas on the use of the relevant provisions in the two Acts, and reports covering the 12 months up to 31 May 2023 were placed in the Oireachtas Library on 20 June.

This coming 15 August will see the 25th anniversary of the Omagh bombing. This barbaric and brutal murder by the Real IRA of 29 innocent people and injuries caused to more than 200 people will live long in our memories, and I think we all know where we were when we heard what happened. Our thoughts are always with the families of those murdered and the survivors of this heinous act. The House will be aware that the Offences Against the State (Amendment) Act 1998 was a necessary and wholly proportionate response to the atrocity at Omagh. It is imperative our laws and our authorities are properly equipped to deal with the threat from terrorism.

It must be recognised that in the subsequent years there has been steady progress towards building a lasting peace on this island. Earlier this year, we commemorated the 25th anniversary of the Good Friday Agreement. This historic agreement demonstrates how democratic policies can improve the lives of citizens in a divided society. There remains much work to do. Peace is fragile, as we can all very clearly see, and it needs to be protected. This time last year, we all welcomed the lowering of the threat level in Northern Ireland. Regrettably, this was short-lived. In March, the UK authorities raised the threat level to severe, meaning a terrorist attack is highly likely. This has obvious security implications for the State and is of real concern.

It is clear the so-called dissident republicans, who have their origins in the Provisional IRA and the Irish National Liberation Army, INLA, continue to represent a threat. Despite the progress towards peace made over the years, they continue to seek to return to the violence of the past. Images of masked men in paramilitary uniforms on the streets of Derry earlier this year and youths throwing petrol bombs at police are things we hoped we would all never see again. They serve to remind us that we cannot take for granted the enormous opportunity for peace and progress that was brought about by the Good Friday Agreement.

We must continue to do all that we can to deal with this threat, and let no one be under any illusion that these groups do not represent a threat to this State. They have remained resolute in their opposition to democracy and the rule of law and all that the Good Friday Agreement stands for, and they remain wedded to brutality and criminality. It is also well established that these groups have links to, and operate hand in hand with, organised criminals.

The attempted murder in February of Detective Chief Inspector John Caldwell, which was a callous and cowardly act in front of his young son, is proof positive that dissident republicans are ruthless and reckless and continue in their attempts to maim and murder PSNI officers. As Minister for Justice, I pay tribute to the members of An Garda Síochána and the PSNI, who continue to co-operate closely and work tirelessly to keep communities safe and to counter all threats from terrorism. It is our duty to ensure those tasked with protecting us from this threat have at their disposal the appropriate measures to meet it. In that regard, I am firmly of the view that the provisions I am seeking the renewal of today are necessary and required to support An Garda Síochána in investigating, disrupting and dismantling the activities of terrorists.

The report laid before this House, in addition to providing information on the use of the provisions in question over the past year, also notes the clear view of the Garda Commissioner that the Act continues to be an important tool in ongoing efforts to combat terrorism. Of course, many provisions of the Offences Against the State Acts have equal application to the international terrorist threat. We are not immune from this evolving threat and we must remain vigilant. We continue to work closely with our EU and international partners in this regard.

The House will be aware that in February 2021, I established an independent expert review group to examine all aspects of the Offences Against the State Acts. The group was asked to take into account, first, the current threat posed by domestic and international terrorism and organised crime; second, the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State; and third , Ireland's obligations with regard to constitutional and European Convention on Human Rights, ECHR rights and international law. The chairperson, Mr. Justice Michael Peart, submitted reports from the majority and minority of the membership in May, and I published them last week, ensuring they would be available to Deputies ahead of today's debate. I want to put on record my gratitude to the chairperson for leading this important work, and my appreciation of the dedicated effort and input of all of the members.

It is clear that the group approached its task with rigour, commissioning research and analysis, and undertaking extensive consultations with our statutory agencies, with other experts in this jurisdiction and elsewhere, civil society and the wider public to inform its deliberations. The Acts, including the 1998 Act that is the subject of this debate today, have served us well, and continue to serve us well, in tackling subversives and organised crime, and fulfil a vital role in our criminal justice system. Given their importance over many decades, any proposals to reform must be thoroughly considered and approached with the utmost care.

There is much to digest in the majority's package of recommendations and in the perspective of the minority, and as I have said, it is important we take time to consider carefully how best to proceed. With this in mind, I have asked my officials to consult other Departments, the Garda Commissioner, the Office of the Director of Public Prosecutions, DPP and the Courts Service, all to inform the preparation of a substantive response for consideration by Government in due course.

I have also asked my officials to consult the Irish Human Rights and Equality Commission to ensure a broad human rights perspective is captured.

However, in the meantime, having regard to the very clear view of the Garda authorities as noted in the report laid before the House that the 1998 Act continues to be one of the most important tools in ongoing efforts in the fight against terrorism, I am absolutely satisfied these provisions continue to be required and they should remain in operation for a further 12 months.

I note that Sinn Féin, which has never supported the Offences against the State Acts or the Special Criminal Court, has tabled an amendment calling for legislation to give effect to the recommendations of the review group as soon as possible. It is a merely another excuse from Sinn Féin to justify sitting on its hands once more on a hugely significant vote for the criminal justice system. As I have said, I have asked my officials to begin detailed consultations on the findings of the reports of the review group. I do not think it would be appropriate, given how we are dealing with pillars of the criminal justice system, which have served us well, to give a commitment to legislation without full consideration of the issues. As Minister for Justice, I have too much respect for An Garda Síochána, the Director of Public Prosecutions, DPP, and the courts to do so. I must first consult those authorities and others to inform a substantive response for consideration by Government.

It is imperative we do not do anything to undermine the efforts of the authorities with responsibility for countering paramilitary and criminal groups and protecting communities. I know just how important the Offences against the State Acts and the Special Criminal Court are. Unfortunately, the same cannot be said of Sinn Féin. It spent decades defending and supporting attacks on our State and our criminal justice system - supporting those who murdered gardaí - and it will sit on its hands again tomorrow night when it comes to supporting the renewal of this legislation. Sinn Féin cannot be trusted with our criminal justice system. It can only be trusted with finding itself an excuse not to do the right thing.

Section 8 of the Criminal Justice (Amendment) Act 2009 is also the subject of a motion before the House. It refers to a small number of serious organised crime offences that are set out in Part 7 of the Criminal Justice Act 2006. Section 8 of the 2009 Act makes these offences scheduled offences for the purposes of Part V of the Offences against the State Act 1939, that is to say, trials for these offences are to be heard in the Special Criminal Court subject to the power of the DPP to direct that the offences be tried in the ordinary courts. The purpose of this provision is to guard against the possibility of interference with jury trial by ruthless criminal gangs who behave as though they are beyond the law. Everyone in this House is fully aware of the threat that society and the criminal justice system face from organised crime gangs, which will stop at nothing in pursuit of their criminal activities. There is no disputing the damage they have inflicted upon communities throughout the country. They have consistently demonstrated they have nothing but disdain for the rule of law. Nobody can doubt they have will not hesitate to use extreme violence and murder in pursuing their aims and evading justice. We have seen this time and again.

This Government is fully committed to supporting An Garda Síochána in combating those involved in organised crime. This is reflected in the unprecedented allocation of more than €2 billion in budget 2023. An Garda Síochána is working intensively to bear down on those involved and deserves praise for its considerable success in disrupting the activities of criminal gangs, making significant seizures of drugs and weapons, bringing organised criminals to justice and, most importantly, preventing loss of life. As Minister for Justice I acknowledge this important work. It is clear from the report that An Garda Síochána made a significant number of arrests in respect of the offences relevant to section 8 of the Criminal Justice (Amendment) Act 2009, with a number of convictions recorded in the Special Criminal Court during the reporting period. The views of An Garda Síochána are clearly set out in the report and they are that the continued operation of this provision is required. It is my strong view, therefore, that section 8 should be continued in operation for a further 12 months.

I will refer briefly to the Special Criminal Court as it touches on both motions before the House today and was the subject of consideration by the independent review group. The Special Criminal Court was established to respond to the threat to the State and its people from republican terrorism over the decades and it continues to deal with the subversive threat from paramilitary groups and the most serious organised crime cases. It serves to eliminate the very real risk to jurors and potential jurors by subversives and organised crime groups. While it is, of course, my firm view that jury trial should be preserved to the greatest extent possible, we cannot ignore the threat posed by such groups. It is also the case that the Special Criminal Court is only used in limited circumstances, with 21 cases tried before it in 2021 - 4% of cases overall.

The assessment of the majority of the review group is that there is, and will continue to be, an ongoing need for a non-jury court as permitted by the Constitution to try serious criminal offences in certain limited and exceptional circumstances. Such an assessment requires very serious consideration in the context of continuing to safeguard the security of the State and our citizens. I note the majority has not simply recommended that a standing non-jury court be legislated for but has also devised a suite of proposals relating to how it might operate to ensure the rights of accused persons are fully respected and to support transparency and promote public confidence. Also of note is that the minority, while not endorsing the recommendation of the majority for a standing non-jury court, accepts that recourse to jury-less courts may be warranted in the interests of justice where there is "a real and present danger of jury intimidation".

It will be clear, as I have said, that there is much to digest and reflect on in the work of the review group and I intend to take time to consult and to consider how best to proceed. This debate provides an opportunity for Deputies to share their initial reactions to the reports and I look forward to engaging with all Deputies on this.

As set out in the two reports that I have laid before the House, it is the clear view of An Garda Síochána that the provisions in the 1998 Act and the 2009 Act continue to be necessary and effective in ongoing efforts in the fight against terrorism and serious organised crime. On the basis of the information set out in those reports and the advice of the Garda authorities, I propose that the House should approve the continued operation of the relevant provisions of the 1998 Act and the 2009 Act for a further 12 months commencing on 30 June.

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