Seanad debates

Wednesday, 17 June 2009

Offences against the State (Amendment) Act 1998: Motion

 

11:00 am

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)

I thank the Senators for their comments and support for the motion. The people at whom these provisions are aimed have been identified as a serious threat to the State. They participate in some of the worst criminality on the island, both North and South. They are trying to derail the peace process, which was voted for by people on both sides of the Border in a historic vote following the Good Friday Agreement. They are working against that and against the will of the people. It is not just the Government's determination to tackle these people, it is also the will of all the people in Ireland that this be done.

Senator Denis O'Donovan mentioned a longer period between reviews of the legislation. Initially, there was to be no specific period and it could be renewed indefinitely, but it was thought more prudent that it be renewed on an annual basis given that these are very serious measures which have serious consequences. There was obviously a determination that they would not be in place indefinitely and that they would be replaced. There is good value in having the measures examined, even in the truncated fashion we are using today, to ensure they are being used and that they are proportionate to the threat. The Members referred to the tragic deaths of Constable Carroll and the soldiers at Massereene barracks. These underline the threat that exists, as does the IMC report referred to by Senator Eugene Regan. I support the annual review of the Act.

Senator Alex White expressed concern that we are nodding this through and not properly analysing it. A report was laid before the Houses of the Oireachtas by the Minister for Justice, Equality and Law Reform on 11 June which outlines his reason for seeking this resolution today. It gives Members of both Houses an opportunity to reflect on it. Although it was done very recently, it allows Members to be well informed and to put forward points that might be of concern to them. I wonder if putting it on the table in the ante room outside the Chamber would give Members a further opportunity for scrutiny. Legislators should have access to all of the statutes concerning them. To be helpful perhaps we should provide this legislation in the same way as other legislation is provided for scrutiny in the House.

A total of 246 persons were detained last year under the 1998 Act. There were 39 convictions and 202 cases are awaiting trial. That just refers to the reporting period we are discussing today. It is clear, therefore, that the Act is used regularly. In response to Senator Ivana Bacik, section 5 was not repealed because it was not being used but because there is a similar provision in the Criminal Justice Act 2007. It is simply replaced in another Act.

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