David Norris (Independent) | Oireachtas source

I disagree with my distinguished colleagues. It is very important we review this legislation every year. The Act contains infringements of human and civil rights, and although they are understandable in the circumstances, I think it is absolutely necessary that every year we review them. I am moved by the Minister's invocation of Omagh. I remember that day; it was an appalling situation - utterly inhuman. Among the lives lost was a child in the womb. It was a barbarous, inexplicable and unforgivable outrage. I am rather surprised and a bit alarmed that the Minister demonstrates the importance and significance of the Act to the Garda Síochána, particularly when she states that the terrorist threat in Northern Ireland is regarded as severe. I think we in the South often do not recollect this or realise the pressures that are still upon the fragile peace process in Northern Ireland. There is no doubt, of course, that there are hardened criminals involved. They migrate very easily into the drugs trade. Not only in Northern Ireland but in Dublin, and in my area, they were involved very early in the drugs trade. This is appalling.

The Minister recites other activities, such as extortion, kidnapping, torture and beatings, which need to be stamped out. I welcome the strong evidence of co-operation between the PSNI and the Garda Síochána. This is excellent. This is the way in a sense in which the island becomes united behind the forces of law and order.

There is a balance in the legislation, which I welcome because the drawing of inferences from an accused person refusing to give information is delicate. It infringes the right to silence but I am glad to see it is balanced by the fact that a person cannot be convicted solely on the evidence of refusing to give an answer. This is what we really need to watch in terms of human rights. The right to silence is an ingrained and appropriate part of the law. It requires serious justification to infringe it.

Section 4 covers the evidence of membership of certain unlawful organisations being inferred from certain conduct, including matters such as movement, actions, activities or associations on the part of the accused. I understand this but it needs to be monitored because this is getting quite close to guilt by attainder. It is important we monitor and keep these things under review.

The remaining provisions, such as making it an offence for people to train in the use of or have possession of firearms and so on is perfectly normal. It would be extraordinary if the State did not arm itself to defend itself against people who are setting up private armies and training them.

To repeat, this exercise is a useful reminder of the threat under which the peace process continues. I am quite prepared on this occasion to support the Minister in continuing these provisions, but I think it is important we review them every year. I make no apology for that. I know I am possibly in a minority of one, although I see that I am not.