Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Jan O'Sullivan to the House. I also welcome the opportunity to debate the review and continuance of the relevant provisions of the Offences against the State (Amendment) Act 1998. I declare an interest as I appeared in the Special Criminal Court representing people in connection with this legislation on previous occasions. I spoke on the legislation last year and in previous years when a similar debate was held and when there was support from across the floor of the House. We all appreciate the ongoing nature of the terrorist threat and indeed the original impetus for this legislation which was the appalling atrocity in Omagh. We must always ensure a balance when debating legislation of this nature and ensure adequate protections and safeguards.

It is very helpful as a means of guiding us to have the figures from the Minister on how frequently the different provisions are used. It is clear as other speakers have said that some of these provisions have been extremely extensively used over the past year, with some provisions used as often as 62 times in one case and 40 in another case. That is a sign that the provisions are still very much in demand from the Garda Síochána and are very much used.

However, some sections are much less frequently used. When I spoke this time last year I noted that section 4 had not been used in the previous 12 months and I think I am right in saying it had not been used in the 12 months before that either. I note it has not been used again this year. Section 4 refers to guilt by association, how evidence of membership of a proscribed organisation can be inferred from certain matters. I have a misgiving about that section and I have particular misgivings when it is noted that it has not been used in the past 36 months. We need to ensure that while it remains in force for this year that if it has not been used for a further year, it should be considered whether there is any point in keeping it in the legislation. However, as the Minister of State said, I accept that section 17 had not been used for quite a number of years and was used for the first time in the 2011 to 2012 reporting period. It was used on three occasions in that period. I accept there are sections that may remain dormant for some years and then become of use but it is useful then that we would be told of cases where a section is being used for the first time and perhaps given some indication as to the reason for its use. It is important to ensure adequate safeguards are in place. I am glad the Oireachtas has a role in reviewing these provisions every year. We need to have the relevant information before us with regard to usage of the sections. It would be helpful to have a little more information on past and potential future usage if any such indication is possible.