Barry Andrews (Dún Laoghaire, Fianna Fail)

This resolution seeks the approval of Seanad Éireann to continue in operation those sections of the Offences against the State (Amendment) Act 1998 which would otherwise cease to be in operation after 30 June next. A similar resolution is being taken in the Dáil today. Senators will recall that the 1998 Act was enacted in the aftermath of the Omagh bombing in August 1998, a dreadful tragedy which claimed 29 innocent lives and impacted grievously on many more. The memory of this calculated, brutal act is undiminished more than a decade later.

The attack on Omagh was a deliberate attempt by desperate people to undermine the Northern Ireland peace process and to overturn the Good Friday agreement. The bombing sought to crush the progress that had been achieved. Thankfully, the establishment of a new dispensation in Northern Ireland is testament to their failure. Communities from all traditions in all parts of the island stood firm then and continue to stand firm in their determination to have a peaceful future based on the rule of law. The Government of the day and the House shared that determination and enacted the Offences against the State (Amendment) Act to equip the Garda with the tools necessary to defeat the bombers and their fellow travellers.

The families of the Omagh victims recently won a notable victory in the High Court in Belfast in a civil action. I am pleased to place on the record of the House that the Government facilitated the relatives and the Northern Ireland court by taking some of the evidence in this jurisdiction. The House should be aware that the investigation into the atrocity in Omagh remains open on both sides of the Border and there is excellent co-operation between the Garda and the Police Service of Northern Ireland, PSNI, in this regard.

Given the exceptional events that form the background to the introduction of the Act, the Oireachtas decided that it should revisit certain provisions of the Act annually to decide on their continued necessity. This allows Members to consider and to take a view on whether the current circumstances justify the continued operation of these provisions for a further period not exceeding 12 months. I have no doubt this is justified and I will outline to the House why that is so.

As required by the Act and to support consideration of the matter by both Houses, the Minister for Justice, Equality and Law Reform is required to lay before the Oireachtas a report on the operation of the relevant provisions prior to moving the resolution. This report, laid before the House on 11 June 2009, covers the period from when the last such report was prepared in June 2008 to 31 May 2009. The assessment of the Minister is that the relevant sections of the 1998 Act should remain in force for a further 12 months. This conclusion has been reached based on the current security situation, the Garda Síochána's advice and the information provided in the report.

The House will not need to be reminded of the despicable murders in Northern Ireland of two soldiers, sappers Mark Quinsey and Patrick Azimkar, at the Massereene barracks in Antrim and of a PSNI constable, Stephen Carroll, in Craigavon in March this year. Those murders followed a series of attacks on PSNI officers which could have proved fatal and which demonstrated the determination of these groups to kill at any cost. Shortly before the murders an incident took place involving an abandoned bomb in County Down which had the potential to kill scores of people had it exploded. Those who made that bomb and those who carried out the earlier attacks have nothing positive to offer the country. This is the sad reality that compels us to take these necessary measures to protect innocent lives. The 21st report of the Independent Monitoring Commission, which the Minister published last month, leaves no doubt that the Real IRA, the Continuity IRA, the INLA and some other smaller dissident groups remain committed to violent paramilitary action to pursue their aims. We should be clear as to the criminal nature of these groups and the activities they carry on to line their pockets. They rob and extort money, they engage in kidnapping and intimidation, they deal in drugs and they exploit women in brothels. They engage in this behaviour for their own gain and to support their particular lifestyles. Let us not imagine for a moment that the members of these groups are involved in a noble or historic struggle for freedom. They have nothing positive to offer the country. They are the relics of a violent past that the communities of the island have soundly rejected. Senators will agree that very significant advances have been made in normalising politics in Northern Ireland, bringing communities together on the island and escaping from the legacy of past conflict. However, a substantial threat remains from these dissident groups which are implacably opposed to democracy and peace and which are ready to kill in that cause.

The resolution before the House is concerned primarily with provisions aimed at the threat posed by domestic terrorism. However, we cannot ignore the growth in recent years of a wider, international terrorist threat. The extent and nature of this terrorist threat varies greatly from one state to another, but we should not be complacent in our response to it. We must continue to act, especially with our EU counterparts, to defeat it. The 1998 Act is an essential part of the effort to counter terrorism in all its forms and to protect the people.

It is the firm view of the Garda Síochána that the 1998 Act continues to be a most important tool in its ongoing efforts to counter the threat of terrorism. The Garda has stated unequivocally that in the current circumstances it is essential that the Act's provisions should continue in force to support the ongoing investigation of terrorist activity. The sad reality is those who carried out the Omagh bombing, and others like them, continue to pose a substantial threat in the pursuit of their subversive aims and activities. The Real IRA, the Continuity IRA and the INLA still aspire to commit serious and wanton acts of terrorism. They plan and pursue campaigns of violence and continue to engage in various acts of criminality.

I refer to the provisions which are the subject of the resolution. The Minister has laid before the House a report on the operation of the relevant sections since June 2008, which clearly demonstrates the value of these provisions to the Garda. Section 2 allows a court, in proceedings for membership of an unlawful organisation, to draw appropriate inferences where an accused person fails to answer or gives false or misleading answers to questions. However, a person cannot be convicted of the offence solely on the basis of such an inference. There must be some other evidence which points towards a person's guilt. The section was used 20 times in the period covered by the report. Section 3 requires an accused person, in proceedings for membership of an unlawful organisation, to give notification of an intention to call a person to give evidence on his behalf. This section was used 12 times.

Section 4 provides that evidence of membership of an unlawful organisation can be inferred from certain conduct, including matters such as movements, actions, activities or associations on the part of the accused. The section was not used in the period covered by the report. Section 6 creates the offence of directing the activities of an organisation in respect of which a suppression order was made under the Offences against the State Act 1939 - it was used once. Section 7 makes it an offence to possess articles in circumstances that give rise to a reasonable suspicion that the article is in possession for a purpose connected with the commission, preparation or instigation of specified firearms or explosives offences - it was used 28 times. Section 8 makes it an offence to collect, record or possess information which is likely to be useful to members of an unlawful organisation in the commission of serious offences - it was not used in the period covered by the report.

Section 9 makes it an offence to withhold certain information which might be of material assistance in preventing the commission of a serious offence or securing the apprehension, prosecution or conviction of a person for such an offence - it was used 137 times. Section 10 extends the maximum period of detention permitted under section 30 of the Offences against the State Act from 48 hours to 72 hours, but only on the express authorisation of a judge of the District Court, following an application by a garda of at least superintendent rank. Furthermore, the person detained is entitled to be present in court during the application and to make, or to have made, submissions on his behalf. The section was used 41 times and an extension was granted in 41 cases. Section 11 allows a judge of the District Court to permit the rearrest and detention of a person in respect of an offence for which he was previously detained under section 30 of the Offences against the State Act but who was released without charge. This further period must not exceed 24 hours and can only be authorised where the judge is satisfied on information supplied on oath by a member of the Garda Síochána that further information has come to the knowledge of the Garda Síochána about that person's suspected participation in the offence - it was used 18 times.

Section 12 makes it an offence for a person to instruct or train another person in the making or use of firearms or explosives or to receive such training without lawful authority or reasonable excuse. It was not used in the period covered by the report. Section 14 is, in effect, a procedural section which makes the offences created under sections 6 to 9 and 12 of the 1998 Act scheduled offences for the purposes of Part V of the 1939 Act. This means that persons suspected of committing these offences are liable to arrest under section 30 of the 1939 Act. Section 17 builds on the provision in the Criminal Justice Act 1994 that provides for the forfeiture of property. Where a person is convicted of offences relating to the possession of firearms or explosives, and where there is property liable to forfeiture under the 1994 Act, the court is required to order the forfeiture of such property unless it is satisfied that there would be a serious risk of injustice if it made such an order. The section was not used in the period covered by the report.

Section 5 of the Act was repealed by the Criminal Justice Act 2007. This section was reported on last year as its repeal fell part way during the reporting period and it had been in use up to that point. The section provided for the drawing of adverse inferences in certain circumstances where an accused relied on a fact in his defence that he could reasonably have been expected to mention during questioning or on being charged but did not do so. Part 4 of the Criminal Justice Act 2007 now provides for a broader treatment of this issue, including the particular circumstances set out in the repealed section 5. Accordingly, section 5 does not fall to be renewed.

The fact remains that these paramilitary groups are active, ruthless and determined to strike if given the opportunity. They remain resolutely opposed to the Good Friday Agreement and to peace on this island. They are determined to destroy that peace and they are prepared to kill indiscriminately to do so. So long as they maintain this course, the State must have robust counter-measures available to face down the threat. The House and the people of this State, would rightly question the Government's commitment to defeating these groups if we did not ensure adequate legislative provisions were in place to meet that threat.

The Offences against the State (Amendment) Act 1998 is one element of the State's ongoing defence against the terrorist threat. I urge the House not to countenance any weakening of the tools the State has at its disposal in the fight against terrorism. Through good policing, supported by strong legislation and the continued determination of the people of the island, the murderous activities of these paramilitary groups can and will be defeated. I pay tribute to the ongoing work of the Garda Síochána, in co-operation with the PSNI, in facing up to the threats posed. On the basis of the information set out in the report, it is clear the 1998 Act continues to be an important element of the Garda response to terrorism. From the advice given by the Garda Síochána on the value of the provisions, taken together with the ongoing threat from terrorist groups, I consider that the relevant provisions of the 1998 Act should remain in operation for further 12 months and I have no doubt right-thinking Senators on all sides will agree. I commend the resolution to the House.