Tom Brabazon (Dublin Bay North, Fianna Fail)

The Offences against the State (Amendment) Act 1998 was introduced in the aftermath of the Omagh bombing. That terrible and cruel atrocity by the Real IRA took the lives of 29 people, including a woman pregnant with twins, and injured more than 300 others.

The review group tasked with examining the Offences against the State Acts stated:

[W]hile the threat from republican paramilitary groups has diminished, a number of such groups persist in attempting to undermine the State by their efforts to overthrow the democratically expressed will of the people, as expressed in the support for the Good Friday Agreement.

...[Ireland] is not immune from the growing threat which international terrorism has posed in recent years and must play its full role in countering the threats posed by international terrorist groups both here and elsewhere. The activities and international linkages of organised crime groups have

intensified in a manner which challenges the capacity of the State to protect communities from the activities of such groupings.

The report also states:

An Garda Síochána continue to believe that the nature of these groupings is such that ordinary courts are inadequate to deal with them. In particular, there is a strong concern that attempts would be made to intimidate jury members in cases involving members of such groups, thus rendering the ordinary courts inadequate to secure the effective administration of justice in such cases.

The majority and minority reports of the review group recommended that the Offences against the State Acts not be continued. The majority report recommended that new legislation be introduced to establish and regulate the operation of a new non-jury court. The motion notes the Minister's intention to accept in principle the recommendations from that report.

It is our duty as legislators to ensure the necessary provisions and legislation are in place to protect our citizens from the groups identified in the review reports and the threats they pose. The resolutions passed by both Houses of the Oireachtas in June 2024 resulted in the continuation of sections 2 to 4, inclusive, 6 to 12, inclusive, 14 and 17 of the 1998 Act for a period of 12 months. In his statement, the Minister acknowledged that there remains a threat from violent and extreme groups. An Garda Síochána continues in its view that the nature of these groups is such that ordinary courts are inadequate to deal with them. As such threats persist, the continuance of these particular provisions of the 1998 Act is necessary.

Threats to the State and its citizens are not confined to terrorist groups. Organised crime groups pose a real threat and an intent to interfere with the administration of justice, including by putting jurors in fear and danger. The Criminal Justice (Amendment) Act 2009 came into force with the aim of introducing measures to tackle organised crime.

Previous speakers made arguments regarding the lack of democracy attaching to non-jury courts. A lot of of our summary prosecutions are done before District Court judges, without a jury, and I do not hear anybody crying foul in respect of the functioning of those courts. Likewise, I do not hear anybody crying foul when An Garda Síochána issues a fixed-penalty notice in circumstances where the offence is decided without either judge or jury. I urge caution in this regard. We need reform but we also need to think about what should replace the system we currently have. I look forward to seeing the fruits of such discussion in due course.

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