Michael McDowell (Dublin South East, Progressive Democrats)

The Senator's amendment proposes that a sunset clause be inserted into the Bill. This suggestion was debated in the other House at some length and was also mentioned on Second Stage in this House. While I have reflected on the issue, I have not changed my mind on it. Senator Cummins is aware that Deputy Ó Snodaigh of Sinn Féin tabled an amendment on Report Stage in the other House, the effect of which would have been to insert a sunset clause into the Bill. I did not accept the amendment and I do not propose to accept this amendment for similar reasons.

No legislation is permanent in the sense that it cannot be changed, but this Bill is intended to be a standing part of our legislation. I remind Senator Cummins that the central purpose of the Bill is to give effect to Ireland's international obligations under the UN convention on terrorism and the EU framework decision on combatting terrorism. Perhaps those international instruments will be revoked, repealed, amended or developed at some future stage, but Ireland has certain obligations, as a member of the UN and a member state of the EU, to give effect to them as long as they are in place. I do not think it would be appropriate to include in law a provision that Ireland's obligation in international law to honour a permanent obligation in international law will cease periodically. Therefore, I do not favour the inclusion of a sunset clause in the Bill.

I will be surprised if it is not proposed to amend some aspect of our law in 2010, so the matter will perforce come up for review at that stage. In that context, I hope that matters on this island will have developed by 2010. I hope we will have a totally peaceful and democratic atmosphere in all our political affairs on every part of this island by that stage. A further review of the legislation may well have to take place in that context. I will proceed on the basis that international terrorism is a semi-permanent threat and, therefore, I will not put in place temporary legislation to deal with it. It would make eminent sense to build a sunset clause into the legislation if the framework decision or the UN terrorism instruments to which I am giving effect were time-limited instruments. It would not be wise to place a statutory obligation on a future Oireachtas to review the legislation.