Alan Shatter (Dublin South, Fine Gael)

It seems to have been an exciting morning in this Chamber. I do not know what is going on at all.

The House will be aware of the background to the Offences against the State (Amendment) Act 1998. It was enacted in the aftermath of the Omagh bombing of August 1998, in which 29 people were murdered in an indiscriminate and barbarous bomb attack. Those innocent lives were lost as a consequence of a futile and senseless gesture by individuals who refuse to live by the will of the majority of people on this island. The Act, which was drawn up to meet the threat posed by these individuals, contains a series of amendments to the Offences against the State Acts 1939 to 1985. The amendments principally concern changes in the rules of evidence for certain offences under the Acts, including the drawing of inferences in certain circumstances; the creation of new offences, such as directing an unlawful organisation, possessing certain articles and collecting information; and the extension to 72 hours of the maximum period of detention permitted under section 30 of the 1939 Act. Section 18 of the 1998 Act, as amended by section 37 of the Criminal Justice Act 1999, provides that sections 2 to 4, 6 to 12, 14 and 17 of the Act may continue in operation for a specified period only if the Oireachtas passes a resolution to that effect. By virtue of resolutions passed by both Houses of the Oireachtas in June 2011, these sections were continued in force until 30 June 2012.

Prior to moving any motion for renewal, the Act requires me to lay before the Oireachtas a report on the operation of the relevant provisions. The present report, which was laid before the Houses of the Oireachtas on 8 June 2012, covers the period from 1 June 2011, which was the end date of the previous report, to 31 May 2012. Following a commitment I gave this House when I sought the renewal of these sections of the 1998 Act this time last year, a table showing certain figures for each of the years since the Act came into operation is included with the documentation that has been furnished to Senators. This is helpful in demonstrating the importance of the Act in equipping the Garda to detect and prevent terrorist actions. I say with all sincerity that my fervent wish is that the time will come when these provisions will no longer be required. As Minister for Justice and Equality, I must have regard to the unfortunate reality of the current situation. I cannot ignore the Garda assessment of the terrorist threat level in Northern Ireland, which is that it is severe. This assessment, which is shared by the PSNI, clearly demonstrates the need for the continuance of these provisions. If Senators needed reminding of that need, it was clearly and tragically evidenced by the murder of PSNI Constable Ronan Kerr on 2 April 2011 and the earlier murders of Constable Stephen Carroll and members of the British Army. I am not forgetting the numerous other attacks on PSNI and security personnel. If any further evidence of the threat from such groups was required, it was provided a few days ago - on Saturday, 9 June last - when a quantity of explosives was found during a search in County Mayo. Two individuals have been arrested and charged as a result.

North-South co-operation in the area of security is vital. I can assure the House that it has never been better. I keep in close contact with the Secretary of State for Northern Ireland, Owen Paterson, and my colleague and opposite number, the Northern Ireland Minister for Justice, David Ford. I know the Garda Commissioner maintains close and frequent contact with the Chief Constable of the PSNI, Matt Baggott. This is mirrored by contacts between the two forces at every level. While it is important to counter the threat posed by dissident groups, we must not lose sight of the threat from international terrorism. While the 1998 Act grew out of our own domestic troubles, its provisions form an essential element of the State's response to the threat of terrorism from any source. We cannot ignore the growth of the international terrorist threat in recent years. In co-operation with our EU partners, we must continue to counteract any threat from such sources. The 1998 Act forms part of the response to that threat. The firm view of the Garda Síochána is that the Act continues to be a most important tool in its ongoing efforts in the fight against terrorism. The Garda authorities have said that the provisions of the Act are used regularly, which is evident from the report which I have laid before the House. In view of the Garda assessment and given the considerable threat posed by some dissident groups,it is essential that the provisions of the Act should continue in force to support the ongoing investigation and disruption of terrorist activity.

I would like to turn to the provisions of the 1998 Act which are the subject of the resolution. As I mentioned, I have laid before the Houses a report on the operation of the relevant sections of the Act between 1 June 2011 and 31 May 2012. The report demonstrates the value of the relevant sections to the Garda and the need for them to continue to be available when tackling the terrorist threat.

Turning to the sections themselves, 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 inference. There must be some other evidence which points towards a person's guilt. The section was used on 47 occasions in the period covered by the report.

Section 3 requires an accused, in proceedings for membership of an unlawful organisation, to give notification of an intention to call a person to give evidence on his behalf. The section was used on four occasions.

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 has been made under the Offences against the State Act 1939. The section was not used in the period covered by the report.

Section 7 makes it an offence to possess articles in circumstances giving 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 on 15 occasions.

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 on 83 occasions.

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 being detained is entitled to be present in court during the application and to make, or to have made, submissions on his behalf. An extension was granted in 11 cases.

Section 11 allows a judge of the District Court to permit the re-arrest 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 released without charge. The 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 on 17 occasions.

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 15 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 may be arrested under Section 30 of the 1939 Act. It was used on 98 occasions during the period under report.

Section 17 builds on the provision in the Criminal Justice Act 1994 providing 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 used on three occasions during the period covered by the report. Senators will note, by reference to the table, that this is the first reporting period that has recorded a usage of this most valuable provision. I very much welcome this development.

As I have already stated, terrorist groups remain a threat to the existence of the State. They are opposed to the benefits that have flowed from the peace process and are determined to undermine it. The State, I believe, must retain, in its laws, the capacity to defeat them. On the basis of the information set out in the report, and on the advice of the Garda authorities, I consider that the relevant provisions of the 1998 Act should remain in operation for a further 12 months and I so recommend to the House.