Ivana Bacik (Independent) | Oireachtas source

I am not. I believe it is the fervent wish of the Government that the time will come when these provisions will no longer be required. That is right, and all of us should wish for that time and it is important that we would move to normality. All of us very much welcome the peace process and the continued steps towards normality but it is difficult to oppose the request by the Garda to maintain these provisions in force. I should acknowledge my own interest as having appeared in the Special Criminal Court representing people in connection with this legislation on previous occasions when I was in practice.

We all appreciate the ongoing nature of the terrorist threat about which the Minister of State has spoken. There were 30 terrorist related attacks in Northern Ireland in 2013 and five so far this year. We know the original impetus for this legislation was the appalling atrocity in Omagh. However, we must ensure balance between this sort of legislation and adequate protections and safeguards.

I am grateful to the Minister that this year the report she has provided us with provides not only a table of usage of the Act over the past 12 months but also a table of usage going back to 2000 when it first came into force. It enables us to examine in a balanced way the way in which the sections have been used, and some sections are being extensively used by the Garda. For example, section 2, which deals with membership of an unlawful organisation and inferences to be drawn, was used 62 times last year and 41 times already in 2014. Section 14, a different provision with offences under the Act to be scheduled offences, was used 52 times last year and 53 times so far this year. The need for those provisions is on the table, so to speak.

As I said last year, some provisions are used far less frequently, in particular, section 4 - referring to guilt by association - regarding how membership of a proscribed organisation can be inferred from certain matters. I have misgivings about this section, particularly when I note it has not been used since 2009. It was last used in 2008, on 13 occasions. I am conscious that there are provisions which might be unused for a number of years such as section 17, the section which deals with the forfeiture of property and which was used for the first time in 2012. Therefore, I am not saying that just because a section has not been used for a period, it should be repealed. Section 5 was repealed. We should look at the Act section by section regarding ongoing usage. That is why this debate and review are so important. I support the Minister, but it is up to the Oireachtas to scrutinise each of these provisions and their usage in particular years. That is what makes the 12 month review important.