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

The Garda must have at their disposal the appropriate measures to meet this threat. The powers available under the 1998 Act are considered paramount in maintaining effective preventative action against these terrorist groups. Consequently, there is a need for the continuance of these provisions.

North-South co-operation in the area of security is vital and I can assure the House that it has never been better. As was the case with my predecessors, I maintain close contact with the Secretary of State for Northern Ireland, Theresa Villiers, and with the Northern Ireland Minister of Justice, David Ford. In addition, the Garda Commissioner maintains close and frequent contact with her counterpart in the PSNI and this relationship is mirrored by contacts between the two forces at every level.

While countering the threat posed by terrorist groups is very important, it is necessary not to lose sight of the threat from international terrorism. The 1998 Act grew out of our own domestic troubles. However, its provisions form an essential element of the State's response to the threat of terrorism from any source. As seen with events in Paris and Belgium, and the continuing conflict in Syria, we cannot ignore the growth in recent years of the international terrorist threat. In co-operation with our EU partners, we must continue to counteract any threat from such sources. The 1998 Act forms part of the response to that threat also, as does the recently commenced Criminal Justice (Terrorist Offences) Act 2015 which came into force on 8 June this year. I thank Members of this House for facilitating the passage of that legislation earlier.

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 that I have laid before the House. It is essential that the Act's provisions should continue in force to support the ongoing investigation and disruption of terrorist activity.

I shall turn to the provisions of the 1998 Act, which are the subject of the resolution. The report I have mentioned demonstrates the value of the relevant sections to the Garda, and the necessity for their continued availability in tackling the terrorist threat.

Section 2 allows a court, in proceedings for membership of an unlawful organisation, to draw appropriate inferences where an accused person fails to answer or gives false or misleading answers to questions. However, a person cannot be convicted of the offence solely on the basis of such an inference. There must be some other evidence which points towards a person's guilt. The section was used on 42 occasions in the period covered by the report.

Section 3 requires an accused, in proceedings for membership of an unlawful organisation, to give notification of an intention to call a person to give evidence on his or her behalf. This section was not used in the period in question.

Section 4 provides that evidence of membership of an unlawful organisation can be inferred from certain conduct, including matters such as movements, actions, activities or associations on the part of the accused. This section was used once in the period covered by the report.

Section 6 was used once. Section 7 was used on 21 occasions. Section 8 was not used in the reporting period in question and section 9 used on 10 occasions.

Section 10 extends the maximum period of detention permitted under section 30 of the Offences Against the State Act, from 48 hours to 72 hours, but only on the express authorisation of a judge of the District Court, following an application by a Garda of at least Superintendent rank. An extension was applied for in 20 cases and was granted in 19 cases.

During the period under the report, section 11 was used on 18 occasions, section 12 was not used and section 14 was used on nine occasions. Section 17 was not used in the reporting period in question.

As the report indicates, a number of sections, namely, section 3 on the notification of witnesses, section 8 which refers to the unlawful collection of information, section 12 which refers to training persons in the making or use of firearms, and section 17 which refers to the forfeiture of property, were not utilised during the reporting period in question. It should not be inferred from the lack of use of these provisions that they are in some way redundant or unnecessary as the usage of the different sections can vary, as Senators will understand, from year to year.

The existence of the provisions means that members of terrorist groups are aware that the State remains resolute in its determination to use every lawful means to defeat them. I wish to point out that section 12 has, in effect, been strengthened by a provision in the legislation that I mentioned earlier. I refer to the Criminal Justice (Terrorist Offences) (Amendment) Act 2015. It creates the three new offences of public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. These offences carry sentences for imprisonment of up to ten years on conviction on indictment.

As I have already stated, terrorist groups remain a threat to the peaceful lives of people on this island. Such terrorists oppose the benefits that have flowed from the peace process and are determined to undermine same. 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, I ask the House to approve the continued operation of the relevant provisions of the 1998 Act in order for them to remain in operation for a further 12 months, commencing on 30 June 2015. I commend the motion to the House.