Jim Walsh (Fianna Fail)

I welcome the Minister of State. At the time this legislation was introduced, we all hoped its provisions might be made redundant in time. However, the Minister of State has made a strong argument for their retention. It is worth pointing out that many of these provisions, which were introduced following the Omagh bombing, will be transposed into the Criminal Justice Bill 2007 which we will debate shortly.

Although the provisions are sensible, I am of the view that some of them should be in place only as long as is necessary. I note the Minister of State's comments in this regard and I have read the report showing the use that was made of the legislation, particularly in the period from June 2006 to April of this year. I was surprised at the number of times certain provisions of the Act were used by the Garda and the courts.

While a threat remains, it has undoubtedly diminished significantly. Tremendous progress has been made in the peace process which hopefully obviates the perceived need, as the perpetrators would see it, for any such terrorist activity. All of us who are republicans appeal to those people to cease their activities. Many who were involved in such activities in the past have slowly come to the view that the best way of achieving long-term stability and the unification of the people of this island is through the democratic and peaceful process. As progress continues, one hopes that others who have not yet come to that conclusion will do so without delay.

The provisions of the Act relate to such issues as the following: the right to silence; inferences that may be drawn from an accused's exercising of that right or from a failure to mention certain facts; notification of witnesses; directing of an unlawful organisation; possession of articles for purposes connected with certain offences; withholding of information; and so on. These are commonsense arrangements. If a person seeks to rely upon witnesses, for example, it makes sense that he or she must notify an intent to do so in advance. The Act provides for a period of detention of up to 72 hours, but I understand a period of seven days is provided for in the Criminal Justice Bill. Some of the measures in the Act have, therefore, been overtaken by the need for more stringent regulations.

It is desirable that these provisions should be incorporated into mainstream legislation, whether in the criminal justice area or otherwise, rather than specifically targeting a particular category of offenders. The legislation has been used primarily against republicans. We must be mindful, however, that since the introduction of this legislation, international terrorism has become a major threat to the civilised world. Many unfortunate incidents have highlighted that. We know some of those involved in this activity are living in this country. It strikes me as a little odd that the provisions of this legislation have never been used against that category of person. I hope it is focused not just on the republican side but that the international aspects of terrorism are considered.

Legislation is only one element of the armoury for tackling this area. It is not a replacement for good Garda management. Effective management is a challenge facing all layers of the public service. That is not to take from the many fine people in senior positions, but in general management is not uniform. It is like a patchwork quilt. The legislation is not a substitute for good policing practices or effective gathering of intelligence. That we have had no major incidents gives credence to the belief that the Garda is operating effectively. The preservation of evidence in files and the sensible exercise of judicial discretion are important factors of an effective system in countering criminality in general.

I was shocked also at the poor performance of the Garda over 20 years in preserving vital and crucial evidence, which would be elementary, and in maintaining files in a manner to allow cases to be prosecuted. I hope the failures of the past have been put right, but I am not convinced. I hope the recently established inspectorate will examine all these regularly and systematically to ensure the failures are not repeated. I would like to see a holistic approach to the implementation of the legislation. We look forward to the day when such legislation will no longer be necessary.