Dáil debates

Tuesday, 27 June 2023

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

 

6:55 pm

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent) | Oireachtas source

I wish a belated welcome back to the Minister to her role. There are a number of problems associated with the recurring extension of this law: the lack of periodic review, the potential for abuse of powers, the impact on civil liberties, the lack of transparency and accountability, the potential chilling effect on civil society, and the failure to address root causes. At the same time, we support the retention of the Special Criminal Court as it has been effective against subversive elements and organised criminal gangs. I use this opportunity to pay a special compliment and to thank An Garda Síochána as always for the excellent work it has been and is doing. I also mention the Criminal Assets Bureau, CAB, and to thank the organisation for the massive positive contribution it has made to Irish society since its inception in taking on what I would call people who thought they were untouchable. Of course, the Legislature at the time created the environment and gave CAB the powers it has, which are far-reaching. We have seen that power being put to good use over recent years and it is very important.

In accepting this motion, we should be critically examining the need for exceptional measures such as the Special Criminal Court and the Offences Against the State (Amendment) Act 1998. While it is crucial to address threats to national security and to public safety, we must do so without compromising the fundamental rights and principles that underpin our democracy. By welcoming this, we have to be careful about people's civil liberties but we also have to ensure law and order is upheld and that we support An Garda Síochána in the work it does all the time. The life of a garda, and the Minister knows this better than anybody else, is actually extremely difficult at present. There is an awful lot of paperwork and bureaucracy and we have to show our support for them.

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