Seanad debates

Wednesday, 26 January 2005

Criminal Justice (Terrorist Offences) Bill 2002: Second Stage.

 

4:00 pm

Photo of Paschal MooneyPaschal Mooney (Fianna Fail)

Regardless of whether we are doing so, no one could criticise successive Fianna Fáil Administrations in a time of crisis in this country when it came to questions regarding illegitimate organisations or a democratically elected government. Without going back into history, those Administrations acted in a very pro-active manner. This Government and any government of which Senator Cummins's party would be a member would take equally strong action. Over the past few years we were lured into a false feeling of security and did not address the real terror among us. We are now saying unequivocally and unambiguously that one is either on the democratic side or the criminal side. Those on the latter side are engaged in criminal activity. One can wrap it up in notions of nobility and the green flag, but those people have no mandate from the people for what they have been doing. As Senator Mansergh so eloquently asked, after 30 years of war and devastation and 3,500 lost lives, what did that achieve in terms of advancing a united Ireland? I suggest the answer he did — nothing. As a young teenager, I went to London and became a member of the Northern Ireland Civil Rights Association when it was a time of peaceful protest in 1969 to 1970. I walked in many such protests from Hyde Park Corner to Trafalgar Square. These protests were about "one man, one vote", the ending of the Special Powers Act, the equality agenda and so forth. The cause was moving forward and being advanced. Stormont fell, the British Government took action and the Irish Government became involved. Then it all went horribly wrong, because the Provos got involved and decided that matters were not moving fast enough. They decided to start shooting the Brits because all they knew was "Brits out". I do not have any real sympathy for the republican movement in that context. It has continued to justify what it has done over the past 30 years, culminating in the disgraceful remarks of Mr. Mitchel McLaughlin, when he could not bring himself to admit that what happened to Mrs. Jean McConville was heinous and a cruel, foul murder, beyond saying, "But it was wrong".

My final comment relates to a section of the Bill as introduced by the Minister in the Dáil aimed at trying to head off those who support terrorism. I believe this has been a fundamental problem in this State, as regards the indigenous threat. I may be straying somewhat, but if this legislation had been framed at the time of the trial of those who killed Garda Jerry McCabe, perhaps due process might have taken a different direction because there was large-scale intimidation of witnesses. If the legislation had been there, more definitive evidence might have been brought before the judges, who could then have decided whether the people involved were supporting a cause, forced into the action they took or whatever. I am not taking that case in isolation, and also recall several other instances. That is an important addition to the legislation. As I said at the outset, it is concerned with expressing international solidarity as a sovereign independent country which fully supports the ideals of the United Nations. I believe we are to be commended for taking action on this matter, notwithstanding the fact that the legislation was, perhaps, somewhat delayed. We are going to ratify three important UN conventions. That is to advance another stage in the long journey referred to by Robert Emmett when he said, "When my country takes its place among the nations of the earth..." We are moving in the right direction in taking our place in the international brotherhood of democratic nations and I commend the Bill.

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