Seanad debates

Tuesday, 7 October 2014

Criminal Justice (Terrorist Offences) (Amendment) Bill 2014: Second Stage

 

6:55 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank all Senators for their contributions to the debate on this legislation and their support for it. I thank Senators O'Donovan, Ó Clochartaigh, Bacik and Conway for their contributions and their broad support for the Bill. As we pass this legislation, we can stand resolutely alongside our colleagues in other EU member states in combating the threat of terrorism, which has evolved with the use of modern technology and, as the Bill outlines, the kind of preparatory activity such as incitement, recruitment and training. It is really important that these are named very clearly and also if they are used through social media. This is quite advanced legislation. Perhaps it is one of the advantages of coming a little late to this even though, as Senator Bacik noted, we are still within the timeframe. It is important that we have been able to include that in the legislation. The Bill supports ratification of the Council of Europe Convention on the Prevention of Terrorism. That treaty can be implemented not just by EU member states but across all countries across continental Europe.

It is a global phenomenon and we have had a number of resolutions from the UN in recent times relating to terrorism and the sort of activities that it would like to see members states tackling that are worth mentioning. For example, there was a resolution very recently relating to foreign fighters. That put much emphasis on criminalising the recruitment of people and the prosecution of recruitment and training so we have a re-emphasis at UN level on the issues we are dealing with in this legislation. It is very important that the Bill makes an offence to engage in public provocation or recruitment or training for terrorism.

I wish to make a few other points. The UN resolution highlights the importance of international border security, including combating the use of fraudulent travel documents and enhanced passenger screening at airports. We are taking these matters seriously and in the context of the common travel area we must examine this issue. Yesterday, I signed an agreement with the UK authorities that enhances our co-operation. It means that we will now use biometric screening as we develop e-gates at Dublin Airport, which will be used more comprehensively towards the end of this year and throughout next year. That means that biometric data can now be used for passengers arriving here, which will make quite a difference. It will be part of the Irish visa application process. The new SSA cutting-edge automated systems are being put in place also. That will ensure that we are effectively doing what the UN resolution sought in this area with a view to combating terrorism.

We are committed in this regard and it is good to have cross-party support for the legislation. I note the points that Senators have made concerning terrorist acts, which unfortunately still continue on this island. We need to do all we can to ensure that that does not continue and that the law is used appropriately concerning such terrorist offences.

A purely law-enforcement approach will not deal with this issue, so it is important to work on preventive aspects also. The best prevention is to stop people getting involved in anti-social, violent or terrorist activity in the first place.

Dealing with terrorist activities is very different from discouraging or suppressing freedom of speech or the expression of opinions and political ideologies. In a democratic world, it is vital to protect the right to express views and beliefs, even though they may be outside the mainstream. Journalists and others are free to express their opinions and voice their commentaries. Such fundamental human rights should not be compromised, nor does this legislation do so. It is important to mention the latter point in the course of this debate.

The Bill ensures, however, that there are no gaps in our laws which could be exploited by unscrupulous people. We have seen activity in Belgium recently where people died in a terrorist attack; we have also seen it in Madrid and London. We want to ensure that there is no hiding place in a democratic society for people who would use terrorist activities to threaten the democratic order.

This is a timely piece of legislation and I thank Senators for their contributions to the debate. Many important and useful points have been made and I look forward to going through the Bill on Committee Stage.

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