Seanad debates

Tuesday, 14 June 2011

Offences against the State (Amendment) Act 1998: Motion

 

3:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I welcome the Minister to the House. As spokesman for justice and equality on the Opposition side of the House, Fianna Fáil fully supports this re-enactment, so to speak, to ensure these parts of the legislation do not lapse. There is not much to be said on the matter. The last three times the Minister's predecessor appeared before the House in this regard, I spoke in favour of the motion.

The legislation was introduced by the then Minister, Mr. John O'Donoghue, in the wake of the terrible atrocity of the Omagh bombing. The threat of a similar incident, North or South, remains a possibility, although, it is hoped, a remote one. I was surprised to hear from the Minister's speech of the frequency with which these provisions were, according to the Garda Síochána, used during the past 12 months. For example, section 2 was used on 48 occasions, section 3 was used on 12 occasions and section 9, which was most frequently used, was used on 63 occasions, which indicates the necessity to retain this legislation on the Statute Book. Like the Minister, I, too, would like if we lived in a utopia because the need for this legislation would not arise.

I made the point when supporting a previous motion on this legislation that, having regard to the continuing threat posed by either the Continuity IRA, Real IRA or any other such group, the Government should, rather than putting such a motion before the House each year, consider only reviewing the need for this legislation every three or five years. I believe this legislation will continue to be required during the lifetime of this Government, although it would be nice if that were not to be so. None the less, I believe it will be required. Perhaps the Minister will take into account my proposal, although were it necessary to amend the legislation in this regard, it may not be worthwhile so doing. This Government may be in office for another approximately 4 years and 8 months and it might be better, rather than reviewing this order annually, if the order were to remain in place during the lifetime of the Government.

We are living in an era of international and domestic terrorism. The events of Omagh remain clear in my mind. I am sure most people recall that terrible atrocity. If these sections of the legislation are required to keep that threat at bay, they must remain on the Statute Book. Fianna Fáil supports the motion. There is no doubt that it is, unfortunately, necessary they remain on the Statute Book to allay any fears of a threat such as the atrocity in Omagh or any loss of life. The Minister referred earlier to the recent murder of Constable Ronan Kerr. We on this side of the Border must remain alert and ensure these threats are stamped out in so far as that is possible.

Comments

No comments

Log in or join to post a public comment.