Jim Walsh (Fianna Fail)

I wish to deal with a point raised on Second Stage regarding the class A fine of €5,000 and the maximum term of imprisonment of 12 months. I listened carefully to the Minister's remarks about somebody being peripherally involved in this context. However, I am concerned about the consequences. The Bill has been introduced to prevent the use of chemicals of mass destruction and biological contaminants. Obviously, if they are used and somebody is charged under the legislation, it is intended that he or she has used them for hostile purposes. My understanding of the Bill is that it is only in such circumstances that a case can be mounted. Given the seriousness of the matter, where innocent people's lives would be put at risk, anybody even peripherally involved would be held culpable for a very serious offence. A fine of that small size or a term of imprisonment of up to 12 months does not appear to be commensurate with the offence or any contemplation I can devise of involvement that could be deemed to be peripheral. I cannot recall whether it was Senator Ivana Bacik or the Minister who offered the example of somebody who might be living with a person who was manufacturing or transporting or in some way culpable under this legislation and he or she might not know about it. Where a person did not know about it, he or she should not be successfully prosecuted. However, if he or she did know and did not do his or her duty by informing the authorities, it should not be treated as a minor offence. I cannot envisage what might constitute an offence under this legislation that would be minor.

We must be unequivocal in our statements on how we will police the intention of the State to protect its citizens. Only recently a number of Members met Justice for the Forgotten which represents the victims of the Dublin and Monaghan bombings. It was the finding of an all-party Oireachtas group in the last Oireachtas that the State had failed the people concerned over the course of many Administrations. There are many such instances, not just here but also in other jurisdictions. I am strongly of the opinion that if somebody is culpable and can be successfully prosecuted under this legislation, I cannot envisage any circumstances in which the offence could be minor. It would be a most serious offence and should, therefore, be subject to the most serious penalties as a consequence.