Alan Shatter (Dublin South, Fine Gael)

I will start by thanking Senators for addressing the Bill and for their substantial support of its provisions. In particular, I wish to thank Senator Power for her contribution on behalf of Fianna Fáil. I welcome the recognition given by all who spoke of the need for this important legislation to be passed with some speed. Senator Bradford said that the State is more peaceful today than in the past. However, in recognising the need for this legislation, he was not blind to the continued unfortunate existence of small terrorist groups on this island who are still intent on murder and mayhem.

In repeating what seems to be Sinn Féin's regular dirge about the Offences against the State Act, Senator Cullinane indicated that that party still carries the legacy of its past engagements in this State on the other side of the law.

The reality is that every democracy must be in a position to defend itself against those who might subvert the state. The Offences against the State Act has proved to be an important statutory tool in facilitating the Garda Síochána to undertake important investigations, provide protection for the wider community, and disrupt those engaged in terrorism on this island. Frankly, I find it surprising that Senator Cullinane and his Sinn Féin colleagues should continue to maintain the position they hold when, as they know well, we still have on this island subversive and terrorist groups who are placing at risk the lives of members of the PSNI, for example.

Just over one year ago a member of the PSNI was shot. These groups are particularly and extraordinarily targeting members of the Nationalist or Catholic communities in Northern Ireland who are members of the PSNI. The policy now in place in Northern Ireland is to ensure that the police force of Northern Ireland represents both communities proportionately. As such so-called self-styled republican terrorists now see it as their mission to shoot members of their own communities for daring to engage in policing in Northern Ireland.

I note that members of Sinn Féin at the highest level have expressed support for the PSNI and its policing. The organisations concerned also, unfortunately, have a presence in this Republic. It is only - I must be careful how I phrase this to ensure I do not in any way create a difficulty in terms of any prosecutions that might ensue - a short time ago that explosives were discovered in a location in Mayo, in respect of which people were arrested. We continue to have a problem on this island in terms of those intent on subverting the democratic will of the people, North and South. There is a need for this legislation and to ensure it works effectively. It is a crucial resource in the armoury of the Garda Síochána in addressing issues of great importance.

Senator Norris described the Bill as interesting and significant. He appears happy with some aspects of the Supreme Court's decisions and unhappy with others. The Supreme Court is of course the final court of determination. There is no appeal directly from the Supreme Court. It is important I correct one aspect of Senator Norris's as usual interesting contribution. No member of the Garda Síochána was criticised in any way by the Supreme Court in the decision delivered. It would be most unfortunate if any impression was given by Senator Norris in his speech - I assume he did not intend this - that the member of the force who signed the warrant in that particular case under the law as then understood did anything other than behave with the utmost propriety in the context of a serious investigation into an extremely serious matter. It is important that what occurred on that particular occasion is not misunderstood. The Supreme Court formed a view, which we accept and are now legislating for. We are fully respecting the principles prescribed by the Supreme Court. I again emphasise the law of the Supreme Court was addressing what had been in place for many years and had been used on many occasions in the past without any issue being raised successfully concerning its constitutionality.

Senators Brennan and Burke raised the issue of peace commissioners. This legislation does not provide for warrants to be issued or granted by peace commissioners. As I stated, the legislation provides that District Court judges will authorise the granting of warrants and that only in exceptional circumstances may a senior member of the Garda Síochána of at least superintendent rank authorise the issue of a warrant which shall remain in force for no more than 48 hours. That is an issue which we can give some attention to in the context of the general review to which I referred earlier. I have no fixed view on the issue. I thank both Senators for drawing that matter to my attention.

This has been an important and useful debate. While this is a short Bill, it is one of great importance. We must ensure, with some speed, that there is no gap in our law with regard to assisting the gardaí in the work they do in addressing issues of great importance, including matters of State. Also, the provision contained in the Bill which addresses certain drug offences and the issue of warrants is of importance in ensuring that no difficulty can arise in the future in this area.

I again thank those who contributed to this debate for their positive and constructive comments. I look forward to Committee Stage. I thank the House for the speed with which it has dealt with this matter.

I again thank those who contributed to this debate for their positive and constructive comments. I look forward to Committee Stage. I thank the House for the speed with which it has dealt with this matter.

Question put and agreed to.