Seanad debates

Thursday, 15 June 2006

Offences against the State (Amendment) Act 1998: Motion.

 

11:00 am

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

I welcome the Minister of State to the House. All of us would agree that the concept of emergency legislation is far from desirable. We should aim to put in place legislation that is responsible and reasonable to stand the test of time and retain its relevance. However, there are clear reasons the legislation was enacted in 1998 with regard to the provisions in respect of terrorist offences and it was necessary and important at the time. Similarly, there are valid reasons the legislation was made time sensitive and why it has become necessary for the House to renew legislation on an annual basis since 2000.

The Minister of State has stated he believes there remains significant threats from, inter alia, the dissident groups which warrants the continuance in force, for the time being, of relevant sections of the Act. I do not want to compromise the ability of the State in any way in the face of the grotesque actions of dissident groups, nor do I wish to hamper any efforts by the Garda Síochána to deal with the perpetrators of horrendous acts such as that witnessed in Omagh eight years ago, but I am compelled to ask the Minister of State some questions.

Does the Minister envisage a time when we could allow these particular provisions in the offences against the State legislation lapse? Will he share the basis for his reasons for retaining these provisions? I understand he may not be able to explain them in this open forum but he should at least be able to discuss it with Opposition spokespersons on justice. There must come a time when we rely on more than the Minister's word for these actions.

It is important that we balance the power of the State to defend itself and the ability of our law enforcement agencies to track down and capture the murderers of Detective Garda Jerry McCabe, who remain at large, with reasonable maintenance of our Statute Book. It is also reprehensible and despicable that a Member of the other House would go on public record to say he would encourage people not to contact the Garda if they had any information on the murderers of Detective Garda Jerry McCabe. Such statements are despicable, especially from Members of the Oireachtas, and should be condemned from all sides of each House of the Oireachtas.

I support the motion because in the absence of a permanent and peaceful resolution to the conflict on this island we cannot compromise the capacity of the State to act decisively to deal with terrorism and dissident groups like the Continuity IRA, the Real IRA and other provisionals. It is an important tool for the Garda in combating crime and offences against the State. We have seen some instances in the recent past in that regard.

Fine Gael supports the measures that promote a strong sense of law and order and we will continue to stand by the provisions in the 1998 Act, which are to be renewed by the motion before the House. Nonetheless, there should be a greater level of interaction by the Minister with this House. The faith we place in him by passing this motion should be reciprocated in some respect.

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