Michael McDowell (Dublin South East, Progressive Democrats)

The effect of this amendment would be to delete from Schedule 2 the offence of assault causing harm under section 3 of the Non-Fatal Offences against the Person Act 1997. Schedule 2 sets out acts which, combined with the requisite intention, give rise to terrorist offences. The intent would have to be proven in order to render the offences into terrorist offences, which is the crucial element. The issue is not so much the consequence of the act but rather the intent behind its commission.

One could argue that it is not appropriate to remove the offence from the Schedule because assault occasioning harm need not be an injury of a permanent character, for example, maiming or disfigurement, but could include a blow to the head which rendered someone unconscious. It can be seen that the offence can be a serious one and the question is whether it should be excluded from the Bill.

I remind Senators that in order to qualify as a terrorist offence under the Bill, a court must be satisfied that a terrorist intent was involved. In that context, would the Senator consider that one could render someone unconscious and not leave any permanent marks and that it could still be a terrorist offence if it was carried out for a terrorist purpose?