Cormac Devlin (Dún Laoghaire, Fianna Fail)

I welcome the opportunity to support the motion before us to renew the provisions of the Offences Against the State (Amendment) Act 1998 and section 8 of the Criminal Justice (Amendment) Act 2009 for a further 12 months. These are exceptional measures but also necessary measures designed not to restrict freedoms but to protect lives. The core purpose of this legislation is to give An Garda Síochána and the justice system the tools necessary to deal with a persistent and evolving threat: the threat of terrorism and the threat posed by highly organised, well-resourced and often ruthless criminal gangs.

Let us be clear about the context in which this legislation was born. The Offences Against the State (Amendment) Act 1998 was enacted in the aftermath of one of the darkest days in our recent history, the Omagh bombing, which claimed 31 innocent lives, including two unborn twins, and injured hundreds more. The atrocity was a grim reminder that the peace is hard won and that the work of protecting the peace is never finished.

This legislation remains necessary in 2025 because, regrettably, the threat has not vanished. While we have made significant progress in reducing paramilitary activity on this island, dissident groups remain active. The threat level in Northern Ireland is currently "substantial". That means an attack is likely. These groups continue to target members of the security forces and they do so with intent and capability.

However, this legislation is not solely about dissident republicanism. It is also a critical pillar in our response to the ongoing and deeply corrosive influence of organised crime. Section 8 of the Criminal Justice (Amendment) Act 2009, also being considered today, was introduced to address the serious risk posed by criminal gangs. These gangs are not petty criminals; they are transnational operations engaged in trafficking of drugs and firearms, kidnapping, extortion, robbery and murder. They are sophisticated, well resourced and utterly ruthless. These organisations operate in the shadows and their power lies in intimidation. They terrorise communities, they bribe or threaten witnesses and, crucially, they seek to undermine the very justice system that stands against them. This is why section 8 is so important. I have spoken about this before in this House and I felt it important to speak again today.

Section 8 also allows for certain trials to be heard in the Special Criminal Court, where there is no jury, eliminating the risk of jury intimidation and ensuring that justice can be done and can be seen to be done.

These powers are not taken lightly. Non-jury trials are, by their very nature, exceptional. They should be used sparingly and they must be subject to review. That is why each year we come before the House to seek democratic approval for their continuance. This is why we welcome the work of the independent review group and the Minister's commitment to implementing its recommendations in a careful and considered manner. The review group has called for the eventual repeal and replacement of the Offences against the State Acts with a new framework that retains necessary protections while strengthening oversight and transparency. My party, Fianna Fáil, welcomes that direction of travel, but reform takes time. In the meantime, the threat is real, and we must act accordingly.

Let me say a word about the reality on the ground. From June 2024 to May 2025, An Garda Síochána carried out dozens of intelligence-led operations targeting both subversive activity and organised crime. These are not theoretical threats; these are live investigations. They involve arrests, seizures of firearms and explosives, and the prevention of planned acts of violence. The reports laid before the House outline the extent to which these provisions are being used and the challenges they are designed to address. The Garda faces a dangerous and evolving enemy. We owe it to its members and to the public they serve to ensure that they are not fighting with one hand behind their backs.

We also know that the nature of the threat is changing. Violent extremism, radicalisation and international terrorism do not respect borders. Ireland is not immune to this. Whether from lone actors radicalised online or groups acting under ideological banners, the threat of politically motivated violence remains. While we have been spared the worst of such attacks in recent years, the risks have not gone away. Complacency is no option.

It is sometimes argued that the ordinary courts should be sufficient for all cases. That may be a desirable aspiration in theory, but in practice we know that in some trials, particularly those involving organised crime, intimidation of jurors and witnesses is not just a possibility but a probability.

I welcome the Minister's commitment to increasing Garda numbers and the number of prison spaces. However, we now see young people who have been charged with serious offences being released on bail regularly as there are not sufficient places available in the youth justice service facility at Oberstown. Many of these individuals are going on to commit what can only be described as crime sprees. This is completely unacceptable. Clearly, there are issues at Oberstown; staff are facing very significant challenges and risks. Our thoughts are with the staff working at Oberstown, particularly those injured recently. It may be that the service needs to returned from the management of the Department of children under the auspices of the Department of justice. However, it certainly needs to be expanded to ensure there are sufficient places to allow judges remand and sentence individuals when appropriate and necessary, which of course is always a last resort. It goes without saying that we will all press for additional resources to be provided for young people in budget 2026, as has been a hallmark of this Government.

This motion is not about giving the State carte blanche powers; it is about recognising the world as it is, not as we wish it to be. It is about equipping our justice system to deal with threats that are real, present and persistent. It is about ensuring that criminals do not succeed in intimidating our courts, our communities or our country. In the face of intimidation, the State must be resolute. In the face of violence, the State must uphold the rule of law. In the face of those who seek to do harm, the State must stand on the side of its citizens. That is what this legislation does, and that is why I support its renewal.

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