Seanad debates

Thursday, 11 June 2015

Offences Against the State (Amendment) Act 1998: Motion

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

With the departure from due process values involved in these provisions, there is a potential for abuse of power. I commend the Garda Síochána and the PSNI on their really important and valuable work in monitoring and challenging terrorist threats. I know we are all conscious of the severe nature of the terrorist threat, but there is a balance and it is useful we have this scrutiny.

I thank the Minister for providing this table in her report, which very helpfully gives us a 15-year pattern of usage of the provisions. I have said before that where a provision has not been used for years, we should specifically consider repealing it, even if we are keeping the remaining provisions in force. I would have thought section 4 could be repealed but I see it has been used in the period under review. It was previously only used in 2008. I am conscious, as the Minister has said, that just because a provision has not been used in one year, usage may vary from year to year, and particular instances may give rise to that. Section 12 has not been used since 2002, so again we should keep this matter under review.

I am happy to support the motion this time. I absolutely support the Minister in saying that it is the fervent wish of the Government and all Members that a time will come when these provisions will no longer be required, but for the time being I agree that they be kept in force. I think we should keep them under annual scrutiny.

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