John Minihan (Progressive Democrats)

The House does not need me to set out the awfulness of that atrocity. It is without question so I would rather focus on the contentious issue of whether we need to renew these provisions.

The valid question of balance between maintaining the security of the State and maintaining appropriate civil liberties persists. Since its establishment in 1976 the Irish Council for Civil Liberties has monitored emergency legislation in the State and has called for its constant review for the purpose of determining if its retention is necessary. There is nothing unreasonable in that request and I welcome today's contributions as part of that process. The council points out that on several occasions international human rights institutions, at the levels of the UN and the Council of Europe, have raised concern at the proportionality of Irish emergency powers legislation. That includes the Offences against the State Act.

This is a question of balance. The continuing need for these provisions requires a balanced assessment of the continuing threat to the security of our State. I rely on the Garda Síochána in the first instance to provide that assessment. I thank the Garda Síochána and the Minister for Justice, Equality and Law Reform for the report laid before the House last Monday concerning the operation of these provisions.

I also refer to the conclusions reached last month by the Independent Monitoring Commission which stated they present "a disturbing picture of ongoing activity by both republican and loyalist groups". Before focussing on so-called dissident republicans I wish to comment on the Provisional IRA. The report concluded that the level of paramilitary activity was still high despite a downward trend over the past year. The commission found that the IRA continued to recruit and train new members. We must think about this and ask why this is so. Is this not a continuing threat to the security of the State? I noted with some amusement, if not surprise, the contribution on this day last year by a Deputy in the Lower House. The Deputy and his party suggested we should discount the views of the IMC and stated it has no credibility. Perhaps we should trust the security assessment made by him and his contacts or the preferred assessment of his contacts. The Deputy stated:

This is supposed to be legislation dealing with an emergency. There is no emergency. . . . In fact, it has led to the special branch being what it is today, namely, a political police force.

There is no emergency, no threat to the State security. The IMC imagines it, the Garda Síochána imagines it and, I suppose, the find of 10,000 rounds of IRA ammunition last September was also imagined.

One must consider the scale of such finds. The arsenals of arms are not the arsenals of petty thieves. According to the IMC the ammunition finds demonstrate, "PIRA's continuing efforts to maintain its preparedness". For what is it preparing? I will mention only in passing the Northern Bank robbery, the murder of Robert McCartney, three shootings, six assaults and arson attacks all believed to have involved the IRA. Where are the civil liberties of these victims?

Regarding the Real IRA the primary basis for these provisions is the continuing threat it poses. I refer to the IMC report of last month. The report states:

RIRA has continued to be the most active of the dissident republican groups and has been responsible both for brutal attacks and robbery. It sent explosive postal packages in September 2004 and again in January and February [2005]....it undertook shooting attacks against PSNI stations. It exiled somebody whom it had previously shot. It undertook a number of assaults.....conducted a campaign of hoax and genuine explosive devices at commercial premises... In January 2005 it destroyed a store in Strabane by arson, and in February petrol bombed a person's home. RIRA has also recruited, trained members in the use of firearms and has targeted police officers. It has continued efforts to improve its capacity in the use of explosives. We believe this is the work of an organisation which is ruthless and committed to terrorism.

There have been some arrests of Real IRA members in Northern Ireland and in the South. My central point is that the Real IRA remains a threat to this State. Last Monday five members of the Real IRA were sentenced to jail terms at the Special Criminal Court. Mr. Justice Johnson said the court was satisfied that each of the accused was an active member of the Real IRA, a dissident organisation that is not on ceasefire. The court viewed the charges very seriously. I accept the view of the courts, I accept the view of the IMC and I accept the view of the Garda Síochána. I reject the contrary views of parties with dubious connections and backgrounds. I am satisfied the balance required between civil liberties and State security has been struck and, accordingly, I support the motion.

In enacting legislation such as this we should not take from the political efforts made by the Government and the parties in Northern Ireland to secure full implementation of the Good Friday agreement. That is what everyone who believes in true democracy wants to happen. We wish the Taoiseach and the Government continued success in their efforts to bring about the full implementation of the Agreement.