David Stanton (Cork East, Fine Gael) | Oireachtas source

The proposals before the House this evening seek the approval of the Seanad to continue in force provisions of the Offences against the State (Amendment) Act 1998 aimed at tackling terrorism and the Criminal Justice (Amendment) Act 2009 in respect of organised crime. Given the nature of these provisions, the House has decided that they should be routinely reconsidered. The Minister for Justice and Equality is required to lay reports before the Oireachtas on the use of the relevant provisions in tho two Acts and reports covering the 12 months up to 31 May 2017 were placed in the Library on 9 June. I am conscious that there has been reflection previously on the traditionally brief nature of the reports placed before the Houses. They have been traditionally brief in order to be focused clearly on what is required by the Act. I am sure the Minister will be open to consider suggestions Members might make as to how the report might be enhanced. I must caution, however, that there would be clear constraints on the detail of what might be included in the context of ensuring there would be no danger of prejudice to the investigation or prosecution of crime or to the security of the State.

The Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the atrocity at Omagh in August 1998. That act of depravity was an affront to humanity and to democracy, and it lingers long in our memory. A robust response to the paramilitary group who carried it out and to its like was essential and these Houses put in place the 1998 Act with that aim in mind. The 1998 Act targeted the Northern Ireland-related terrorist threat. Regrettably, there remains to this day a real and persistent threat from those same paramilitary groups who have set their face against peace on this island. Despite the progress made over years with respect to peace, they continue to seek a return to a bloody past. We must continue to bear down on them and to put them out of business. That remains a priority for the Government. Of course, many provisions of the Offences against the State Acts could have equal application to the international terrorist threat, one that we have seen recently in the shocking attacks in London, Manchester and elsewhere. Sadly, the very nature of that threat means that all open democracies now face it.

In the time available to the House this evening, I will not go through all of the relevant sections in detail. The report laid before the House does so and it also details the instances in which the various sections in question have been used in the reporting period. I note that sections 6, 12 and 17 were not used during the period. It is the case that not every section is used every year. However, that does not undermine the rationale for the powers being available as part of the legal framework for combating terrorist groups. The report also notes the clear view of the Garda Commissioner that the Act continues to be an important tool in ongoing efforts in the fight against terrorism. The Garda authorities have stated that the provisions of the Act are used regularly and that is evident from the report laid before the House. On that basis, I must conclude that these provisions continue to be required and that they should remain in operation for a further 12 months.

Section 8 of the Criminal Justice (Amendment) Act 2009 is also the subject of a motion before the House. It refers to a small number of serious, organised crime offences that are set out in Part 7 of the Criminal Justice Act 2006. Section 8 of the 2009 Act makes those offences scheduled offences for the purposes of Part V of the Offences Against the State Act 1939 - that is to say, trials for those offences are to be heard in the Special Criminal Court subject to the power of the Director of Public Prosecutions to direct that the offences be tried in the ordinary courts. The purpose of this provision was to guard against the possibility of interference with jury trial by ruthless criminal gangs. As the report laid before the House shows, no trials in respect of the offences have taken place in the Special Criminal Court. That does not, to my mind, invalidate the reasoning for having this provision in place and available for use when appropriate, rather this, in fact, serves to highlight the very considered approach taken by the DPP in exercising discretion to direct that cases be tried in the ordinary courts where that is possible. We greatly value trial by jury but we cannot ignore the threat posed to the criminal process by ruthless criminal gangs. The view of the Garda Commissioner is set out clearly in the report and it is that this provision will be required for some time to come.

The Minister for Justice and Equality must have full regard for the views of the Garda authorities. Nobody here could be in any doubt about the pernicious nature of the activities of serious organised criminals in the State. They have no regard for the damage they cause in communities. They have nothing but disdain for the rule of law and they show no hesitation whatsoever in the use of extreme violence and murder in pursuit of their aims. It is my view, therefore, that section 8 should be continued in operation for a further 12 months. A Chathaoirligh, I commend these motions to the House.