Seanad debates

Wednesday, 20 June 2012

Offences against the State (Amendment) Act 1998: Motion

 

12:00 pm

Photo of Paul BradfordPaul Bradford (Fine Gael)

Once again I welcome the Minister to the House. As his speech indicated, he would prefer not to be here seeking the continuation of this particular Order but circumstances dictate otherwise. I agree with the assessment of the previous speaker, Senator Byrne, that the production of facts and figures by the Minister, particularly the necessity, on many occasions over the past 12 months, to use the powers provided by the Oireachtas prove once again that the legislation, while not something we generally welcome, is still necessary.

When one reflects on the Minister's speech one realises that since 1939 we have had various governments of different hues and shapes that introduced legislation on offences against the State. This shows that there is an ongoing battle against the people who would try to bring disorder where there is order. The year 1939 was a very different world and a very different Ireland. The Taoiseach at that time, Mr. de Valera, and his colleagues introduced the Offences Against the State Act in 1939. Ten years earlier they would have thought differently about the Act's provisions but politics evolves. Today people might oppose this type of legislation but once circumstances change and they assume political power and responsibility they would see a need for it.

The Minister may wonder where my next comment is leading but in John F. Kennedy's famous speech he told the people of Berlin that they lived in "a defended island of freedom". We live on an island of freedom but that island must be defended and have the powers and resources to defend itself against those people who would wish to take our freedoms away. I join with the Minister in hoping that the day will come when this legislation is no longer necessary but that time has not arrived. The legislation is a result of the Omagh bombing that, sadly, is still fresh in the minds of virtually every member of the House and every person on this island. It was another horrendous act of violence, in the litany of horrendous acts, perpetrated North and South of the Border.

I thank the Minister for his clarification. I also thank him for pointing out how frequently the legislation or order has been used and hope that the provision has saved lives. It has prevented people from being killed and prevented people from killing others and spending a lifetime in jail. As the Minister has said, I hope that there will come a time when it will not be necessary but we have to take his advice, and that of his officials, that it needs to be kept on the books. I support the Minister's request in that regard.

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