Seanad debates

Wednesday, 20 June 2012

Offences against the State (Amendment) Act 1998: Motion

 

1:00 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

I thank the Senators who have expressed support for this important measure. I acknowledge what Senator Thomas Byrne said. It is appropriate and right that Members of both Houses have the most detailed information that can be furnished on the use of the provisions. The provisions, as we have correctly stated, relate to the fundamental security of the State, a matter of very substantial importance, and of direct concern and obligation of government and Members of the House. The intent was to provide as much information as possible in the utilisation of the various sections. I hope I did that. In so far as there are some sections, two have been mentioned that have not been utilised, nevertheless, they are part of the backdrop legislative armoury that can be used by the Garda Síochána in protecting the security of the State. Circumstances may well arise in which resort may need to be made to them. In circumstances where the Garda Commissioner is of the view that these provisions should remain in force, it is appropriate that we take his expert advice in that context. It is worth noting that one of the sections referred to last year that had not been utilised has been utilised on four occasions in the past 12 months.

I thank Senators Bradford and Bacik for their support. On the issue Senator Bacik raised as to why two sections have not been used or will they be used, it is matter for the Garda Síochána in making operational decisions to determine the appropriateness of utilising a particular section. I see the various provisions which are the subject matter of the motion, as part of the architecture necessary to provide the Garda with the essential tools and the courts with the essential law to facilitate the court to deal with the terrorist threat. I listened with respect to what Senator Cullinane had to say but is it not time that Sinn Féin smelt the roses and came to terms with reality. I listened with some amusement to him say there is no excuse for this legislation as essentially it is an abuse of human rights and the measures are draconian.

The basic and most fundamental human right on this island is to go about one's life in peace and without it being threatened and to go about one's business without being targeted by terrorist groups who may attempt to murder one or a member of one's family or which may result in one suffering such serious injury as to substantially destroy the quality of one's life.

In the past 12 months there has been a range of incidents of bombs being placed in particular locations and of individuals being targeted. I mentioned in this House relatively recently, and another contributor mentioned earlier, the extraordinary perversion of so-called dissident Nationalists or terrorist Nationalists targeting members of the Catholic community who have joined the Police Service of Northern Ireland and contributed to making it a cross-representative force of the different communities in Northern Ireland and substantially reflects the reality of the population in Northern Ireland. Could there be a greater perversion of people presenting themselves as republican Nationalists in favour of the unity of this island than their targeting members of the Catholic community who have joined what is now a cross-community police force? What warped mentality has led individuals down that road? What peculiarity in the history of Sinn Féin, and its former engagement as Provisional Sinn Féin in violent activities in this island, has created such ambivalence to the Offences against the State Act, such double standards? We are carrying the baggage of it having been utilised in respect of some of its members in years gone by who were engaged in violence. They still fail to recognise the need for this democracy to protect itself against individuals who would subvert democracy and whose objective is to destroy the peace process, which Sinn Féin constantly states it supports, and ignore the democratic will of the overwhelming majority of people on this island that we do not return to violence and that individuals in all communities on this island lead a life of peace.

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