John Perry (Sligo-North Leitrim, Fine Gael) | Oireachtas source

The House will be aware that the Offences Against the State (Amendment) Act 1998 was enacted in the wake of the murder of 29 people by the Real IRA in Omagh on 15 August that year. It was a necessary response to that atrocity and the loss of 29 innocent lives. The bombing and those murders represented a direct attack also on the fragile peace process and, indeed, on this State as a major sponsor of that peace process. It demanded a robust response from the State, and a clear statement that the morally bankrupt culture of death and destruction adopted by these murderers would not prevail and that the will of the majority could not be so contemptuously disregarded. Those responsible for these murders continue today to deny the people of this island the peace which they long for and which they deserve. I will return to this point later in my speech.

This democratic State's response was to provide strong legislative powers to ensure that the Garda and the courts were in a position to meet the challenge laid down by those opponents of peace. In that regard, the Offences Against the State (Amendment) Act 1998 was a necessary and proportionate response. It is right, at the outset, that tribute is paid to the excellent work of An Garda Síochána and the Police Service of Northern Ireland in countering the threat from the paramilitary organisations.

The Act contains a series of amendments to the Offences against the State Acts 1939 to 1985 to make them more responsive to the threat from certain groups. Principally, these amendments concern the following: 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, possession of certain articles and collecting information; and extending the maximum period of detention permitted under section 30 of the 1939 Act to 72 hours.

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 must be renewed by the Oireachtas at specified intervals if they are to remain in force. By virtue of resolutions passed by both Houses of the Oireachtas in June 2013, these sections were continued in force for a period of 12 months. Prior to moving any motion for renewal, the Act requires that the Minister for Justice and Equality lays before the Oireachtas a report on the operation of the relevant provisions. The current report covers the period from 1 June 2013 to 31 May 2014 and was laid before the House on 16 June 2014. It also includes, following a commitment given previously, a table showing the figures for each of the years since the Act came into operation. This table is helpful in showing the importance of the Act in equipping the Garda to detect and prevent terrorist actions.

While some provisions were not used in the period in question it should not be inferred from this lack of use that these provisions are in some way redundant or unnecessary as the usage of the different provisions can vary from year to year. For example, section 3 was used on 19 occasions in the reporting period prior to this. It is the fervent wish of the Government and, no doubt, this House that the time will come when these provisions will no longer be required. However, the Minister for Justice and Equality must take into account the reality of the situation. The Garda assessment of the terrorist threat level in Northern Ireland, which is shared by the Police Service of Northern Ireland, PSNI, is that it is regarded as severe. We all know that those groups vehemently opposed to peace seek to attack the institutions of Northern Ireland and to destabilise the peace process.

During 2013, there were 30 terrorist related attacks in Northern Ireland and there have been have so far this year. This includes such serious incidents as the planting of a bomb in a Belfast shopping centre in the run up to Christmas last year and the fire-bombing of a hotel in Derry on 30 May, where continuing scant regard for human life and the targeting of civilians were clearly demonstrated. While the direct threat level in this jurisdiction may be different, it is imperative that our laws and our police are properly equipped to deal with the threat, whether in this jurisdiction or in Northern Ireland. Let nobody be under the illusion that these groups do not represent a threat to this State as well as to Northern Ireland. By way of example, I point to the discovery by An Garda Síochána of an estimated €10 million in partially forged bank notes in April this year, the detection of a large improvised explosive device in County Louth, possibly destined for Northern Ireland, last May and the disruption of a Real IRA gun attack in Tallaght earlier this month.

North-South cooperation in the area of security is vital and it has never been better. As was the case with her predecessors, the Minister intends to keep in close contact with the Secretary of State for Northern Ireland, Theresa Villiers, and with the Northern Ireland Minister of Justice, David Ford. Indeed, she recently met with the Secretary of State, on 29 May last, and is due to meet the Northern Ireland Minister of Justice, Mr. Ford, next week under the auspices of the Intergovernmental Agreement on Co-operation on Criminal and Justice Matters. The Acting Garda Commissioner also maintains close and frequent contact with her counterpart in the PSNI.

The powers available to the Garda under the 1998 Act are considered paramount in maintaining effective preventive action against the terrorist groups. It is the firm view of the Garda Síochána that the Act continues to be a most important tool in its ongoing efforts in the fight against terrorism. The Garda authorities have stated that the provisions of the Act are used regularly, which is evident from the report the Minister has laid before the House. It is therefore essential that the Act's provisions should continue in force to support the ongoing investigation and disruption of terrorist activity.

As I have already stated, terrorist groups remain a threat to the peaceful lives of people on this island. They are opposed to the benefits that have flowed from the peace process and are determined to undermine it. The State 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, the Minister considers that the House should approve that the relevant provisions of the 1998 Act remain in operation for a further 12 months commencing on 30 June 2014.

I commend the motion to the House.