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, 2024 and ending on 29th June, 2025.

The two motions before the House seek the approval of Dail Eireann to continue in force provisions in the Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 aimed at combating terrorism and organised crime. Given the nature of these important provisions, the Houses of the Oireachtas have decided 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. Reports covering the 12 months up to 31 May 2024 were placed in the Oireachtas Library on 18 June.

Deputies will be aware that the Offences Against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing in August 1998. This was a necessary and proportionate response to an atrocious and barbaric act, the murder of 29 innocent people by the Real IRA. Our thoughts are always with the families of those murdered and the survivors of this heinous act.

Last year, the Tánaiste and I met some of the families of those killed to assure them of the State’s commitment to uncovering the truth of what happened. In February, the UK Government established an inquiry into the preventability of the bombing by its state authorities. The Government is anxious to ensure as far as possible, that by the end of the UK inquiry, there are no unanswered questions relating to the bombing that can only be examined in this State. Officials here have already met the inquiry team and look forward to continuing this engagement.

Since that atrocity, there has been significant progress towards lasting peace. I welcome the restoration of the Stormont Assembly and the power-sharing Executive earlier this year. The recent lowering of the threat level in Northern Ireland from severe to substantial by the UK authorities also represents a welcome development. Nonetheless, the level of threat remains substantial, meaning an attack is likely. Regrettably, there remains a real and persistent threat from paramilitary groups. These groups remain committed to violence and are contemptuous of the vast majority of the people on this island who want a future based on peace and founded in the primacy of democratic politics and respect for the rule of law. These provisions of the criminal law provide strong legislative powers to ensure An Garda Síochána and the courts are in a position to meet the challenge laid down by those opponents of peace.

Section 18 of the 1998 Act provides that sections 2 to 4, inclusive, 6 to 12, inclusive, 14 and 17 must be renewed by the Oireachtas at least annually, if they are to remain in force. The report laid before the Houses includes information provided by the Garda Commissioner on the use of the provisions in question over the past 12 months and a table setting out reported usage figures for each of the years since the Act came into operation. It is notable that seven of the 12 provisions to be renewed - sections 3, 4, 6, 8, 10, 12 and 17 - have not been utilised during the reporting period.

Of course, the fact a provision is not used in a particular year does not mean it is redundant or unnecessary. The usage of different sections can vary from year to year, as we have seen.

The report also provides a brief assessment of the security situation. I should caution that there are clear constraints on the detail of what is and can be reported to ensure there is no danger of prejudice to the investigation or prosecution of crime or to the security of the State.

It is clear that the so-called dissident republicans, who have their origins in the Provisional IRA and the INLA, continue to represent a threat. Despite the progress towards peace made over the years, they continue to seek to return to the fruitless violence of the past so we must continue to do all that we can to deal with this threat. Let no one be under any illusion that these groups do not represent a threat, albeit, thankfully, this is lower than in the past. They have remained resolute in their opposition to democracy, 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 of Detective Chief Inspector John Caldwell in February 2023 is further proof of the ruthless and reckless nature of dissident republicans and that they are continuing in their attempts to maim and murder PSNI officers. Thankfully, this very serious and heinous attempted murder was thwarted by the dedicated medical teams and by Inspector Caldwell's determined fight for life. It is truly wonderful to see his remarkable recovery.

North-South co-operation in this area is critical, and colleagues in Northern Ireland have acknowledged that co-operation from the gardaí is strong and is automatic when needed most. In recent years the benefits of that co-operation have been apparent from successful joint operations between An Garda Síochána and the PSNI. Only in the past few weeks, An Garda Síochána uncovered a suspected improvised explosive device at Ravensdale in County Louth as part of a joint operation with the PSNI. There is a long shared history between the two jurisdictions of countering terrorism on this island and it is essential we continue to build on this strong co-operation in the post-Brexit period.

As Minister for Justice, I pay tribute to the gardaí and PSNI officers who continue to co-operate closely and work tirelessly to keep their communities safe and counter all threats from terrorism. It is our duty to ensure that those tasked with protecting us from this threat have at their disposal the appropriate measures to do so. In that regard, I am firmly of the view that the provisions I am seeking 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.

While the 1998 Act was a response to a domestic threat arising from dissident republican terrorism, as an open democracy it is very important that we do not lose sight of the threat from violent extremism and international terrorism. There has generally been a deterioration in the international security landscape in recent times, in part due to terrible wars in Ukraine and the Middle East. Europol in its most recent terrorist situation and trend report, published in 2023, sets out the threat situation at EU level and confirms that terrorism remains a key threat to the EU’s internal security, with lone actors remaining the primary perpetrators of terrorist and violent extremist attacks. Radicalisation leading to violent extremism and terrorism is also an increasing concern across EU member states including Ireland. Many provisions of the Offences Against the State Acts are capable of being utilised in response to such threats and we continue to work closely with EU and international partners in remaining vigilant to the threat posed by violent extremism and international terrorism.

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 set out in Part 7 of the Criminal Justice Act 2006. Section 8 of the 2009 Act makes these scheduled offences for the purpose 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 Director of Public Prosecutions 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 groups that seek to behave as though they are beyond the law. It was enacted as a response to a number of difficulties where the justice system was considered to be under serious threat from organised crime. Organised crime groups had shown a particular ruthlessness in their activities, including attacks on witnesses and intimidation of jurors. It was imperative that the criminal justice system was robust enough to withstand the assault launched upon it through intimidation and violence.

I believe most Deputies will agree that imperative remains. Everyone in this House is aware of the threat that society and the criminal justice system face from groups who will stop at nothing in pursuit of their criminal activities. There is no disputing the damage they have inflicted upon communities throughout the country. Their willingness to resort to extreme violence and their flagrant disregard for communities and even family gatherings has been apparent in recent months in the shocking killings witnessed in Blanchardstown and Drimnagh, which have been linked to feuds between rival criminal groups. Supporting the efforts of An Garda Síochána to combat organised crime and bring to justice those involved remains a priority for the Government. This is reflected in the record allocation of over €2.35 billion in budget 2024, which includes investment in boosting surveillance capability with the purchase of new enhanced air support.

An Garda Síochána is working intensively to bear down on the criminals involved, and deserves praise for considerable success in disrupting their activities, making significant seizures of drugs, cash and weapons, bringing criminals to justice and, most importantly, preventing further loss of life. I draw attention to the joint task force operation resulting in the largest drug seizure in the history of the State from the MV Matthewoff the coast of County Cork last year. Deputies will be aware of other significant cases in which individuals have been sent forward for trial in the Special Criminal Court in recent weeks. As Minister for Justice, I acknowledge this important work and the brave gardaí who persevere with it day in, day out.

The report I have laid before the House in accordance with section 8 covers the period from 1 June 2023 to 31 May 2024. It includes information provided by the Garda Commissioner on the use over the past 12 months of the provisions in question and details of the relevant offences. It is clear from the report that An Garda Síochána made a significant number of arrests in respect of offences relevant to section 8 of the Criminal Justice (Amendment) Act 2009, with ten charges laid before the Special Criminal Court and three convictions recorded there. A further three sentencing hearings were dealt with in the Special Criminal Court during the reporting period. The view of An Garda Síochána is clearly set out in the report and it is that the continued operation of this provision is required. It is my strong view, therefore, that section 8 should continue in operation for a further 12 months.

The House will be aware that last year I published the majority and minority reports of the independent review group appointed to examine all aspects of the Offences Against the State Acts following their consideration by the Government. My officials have engaged in detailed consultation on the recommendations of the review group and have examined the reports from a variety of perspectives, including policy, governance and legislation. The outputs from this consultation and analysis are informing the preparation of a substantive response to the review which I will bring to the Government for approval in due course.

I am firmly of the view that the Offences Against the State Acts have served our country well in combating subversives and organised crime and have fulfilled a vital role in our criminal justice system. 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 threat posed by terrorism and the most serious organised crime cases. It serves to eliminate the very real risk to jurors and potential jurors from subversives and ruthless crime groups who place no value on human life. While it is my firm view that trial by jury should be preserved to the greatest extent possible, I will not ignore the threat posed by such groups. The Special Criminal Court is used in very limited circumstances. I am informed that 15 people were sent forward for trial to the court last year on 35 charges. The assessment of the majority of the review group was 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.

The report of the review group requires consideration in the context of continuing to safeguard the security of the State and its citizens. Given the importance of the Offences Against the State Act legislation over many decades, any proposals for reform must be thoroughly considered and approached with the utmost care before determining how best to proceed. This is in order to ensure we do not do anything to undermine the efforts of the authorities with responsibility for countering terrorism and organised crime and protecting communities.

Further consideration is, therefore, needed to finalise my considered and bring proposals to Government for approval.

In the meantime, however, and having regard to the clear view of the Garda authorities as noted in the report that was 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, the need for the renewal of the existing provisions remains to ensure that they continue in operation beyond 30 June.

There is one further matter which I wish to address. Deputies will be aware that the majority and minority reports of the independent review group were broadly aligned in their view that further consideration be given to the issue of jury reform and the need to improve transparency around the operation of the Special Criminal Court. During last years' renewal debates, I indicated that my officials would be engaging further in relation to these matters, including through consultation with relevant State agencies where required.

On the issue of jury reform, I intend to engage with stakeholders to review progress since the LRC report with a view to considering if further action can be taken. Publication of judgments of the Special Criminal Court was also recommended to improve transparency of cases and makes sense. Following engagement with my Department, I welcome that the Courts Service has now put in place procedures to publish judgments of the Special Criminal Court on its website in a like manner to judgments of the other superior courts, and I expect that this will take place soon.

The review group also recommended greater transparency as to how cases get to the Special Criminal Court - how the Director of Public Prosecutions arrives at a decision to direct a case for trial. I understand that the Office of the DPP has committed to making such narrative information available to the public, both on its website and in future publications, which is also a welcome development. The consultation process on the LRC report will also consider the issue of jury tampering and should aid further consideration of this issue. I am absolutely committed to improve transparency and the availability of data across the justice sector.

The renewal of these Acts is essential as they provide safeguards against those who would seek to undermine the democratic institutions of the State. They are a key part of the State's armoury in tackling terrorism and organised crime. They are considered absolutely essential by An Garda Síochána. There remains a real and persistent threat from terrorist activity, from so-called "dissident" republican paramilitary groups and from international terrorism, which remains a stark reminder of the vulnerability of all open democracies.

On the basis of the information set out in those reports, and on 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 this year.

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