Jim Walsh (Fianna Fail)

I join with other speakers in sympathising with the members of the Rafferty family. This is obviously a personal tragedy for them and is particularly traumatic for Joseph's child, who will never know his father. It puts into perspective the heinousness of such crimes. I commend other Senators on the courage with which they have taken a stand in exposing those who were involved in this terrible crime so that they can be brought to justice. The intimidation suffered by the family subsequent to the murder, which compounds the felony, bears all the hallmarks of the murder of Robert McCartney earlier this year. In that regard I compliment Councillor Gary Keegan and his colleagues on Dublin City Council, who are here today, in condemning both the atrocity itself and the intimidation. Someone once said that for evil to prosper all it takes is for good men to remain silent. In this instance Mr. Keegan and his colleagues on Dublin City Council have performed a good service and confounded that adage.

It is interesting that we are debating this issue because this week we have seen the decommissioning of IRA arms. This is hopefully a sea change in the transformation of the attitude between communities and the climate in which people live their lives on this island, particularly north of the Border. It is not sufficient just to decommission arms, and Sinn Féin itself has described it as a step in a process. What is more essential, but probably more difficult, is the need to decommission mindsets. As a person who would describe himself as a republican from a very early age, I am offended by the murder being discussed this evening and that of others such as Robert McCartney. These events offend any basic principle of republicanism.

The IRA undoubtedly comprises in part idealists who felt they were fighting a just cause against the British Government. However, as others have stated here, it also contains an element of thuggery which feels it is above the law and that its type of justice will be administered. This is unacceptable in any civilised society, let alone a democratic society. This message must go out clearly.

I participated in a debate on the murder of Robert McCartney, among other issues on Northern Ireland, on local radio over the summer with some representatives of Sinn Féin. I stated at that time that if Sinn Féin was serious about restoring public confidence in the peace process, co-operation with the PSNI in identifying those responsible for the murder of Robert McCartney and ensuring they were brought to justice would be one of the best ways to bring such public confidence about. Republicans must be seen to be acting in a way that will restore confidence even to cynics. If the people on this island are to move forward together, it must be done in a spirit of trust, which must now be earned. Prices have been exacted in the past and trust will not and should not come for free.

Another opportunity for trust arises in possible co-operation with the Garda to ensure that those responsible for the murder of Joseph Rafferty are also brought to justice. If this co-operation comes about, a scene will be set for Sinn Féin that will entitle it to political support and full participation in the democratic process. I hope this happens in the future. It is essential for several reasons. Much of what has been seen in Northern Ireland over the summer does not inspire confidence. The level of loyalist activity, including murders, is often not discussed or criticised either side of the Border, and the evident sectarianism would blight any society. My party recently hosted a delegation headed by the leader of the Ulster Unionist Party. The deputation met other parties in this House. I put the point to the delegation that there was a dearth of leadership within Unionism that could attempt to lead the movement from the abyss of sectarianism, which certainly blights Northern Ireland.

All sides must be seen to be moving towards a more civilized and democratic approach to governance within the island. Seeing what is going on now and what has gone on over the past 30 years, the number of Catholic families forced to leave their houses is an indictment of 80 years, or even centuries, of British rule in that part of the island. I would like to see this rule ended, but to achieve this, a republican element cannot operate outside the law, bringing hardship and trauma to families such as the Rafferty family. Many more would empathise with the pain suffered by that family. Such criminal actions should be brought to an end and I hope this will occur in the near future.

There is also an obligation on legislators, and I am glad that the motion has been changed to a composite motion. We have an obligation to the Rafferty family and all other families who are victims of crime. The obligation is to ensure that legislation is crafted in a way that avoids maladministration of justice and situations where people who are guilty of heinous and serious crimes are able to walk the streets with impunity because of a lacuna in the law.

I am glad the Minister has placed on record that this murder was not an organisational decision by Sinn Féin but rather by elements within it, as this gives the party an opportunity to use its influence to see that the elements operating outside the law are brought to justice. It is only when this happens that the party can command the respect any political party in a civilised society should.