Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I acknowledge the very generous comments of my friend, Senator Buttimer, and look forward to what will be a very important event in the Seanad next week. As I outlined, the 1998 Offences against the State (Amendment) Act remains an essential tool in tackling the activities of terrorist groups across the island. Offences against the State Acts form the main body of the State's laws to counter activity of a subversive nature and terrorism. They are complementary to the general criminal law. While they are out of the ordinary course of criminal law, they are not emergency laws as some may have presented them. Over the course of the State's history, especially during the Troubles on the island, these laws have served to protect and safeguard the State from determined efforts to undermine it and its democratic institutions. It is surely beyond reasonable argument that a democratic State is entitled to and must take the measures it considers appropriate and necessary to protect itself and fundamental rights and freedoms and, as a consequence, to allow civil society to flourish.

I make no apology, therefore, for defending our laws and the measures we have in place to combat serious crime and terrorism. The people require us to do what we reasonably can in order to protect them. Many here will know from their own experiences as public representatives of the devastation that the activities of organised crime, in particular the drug trade, can wreak on individual lives and across communities. While we have a comprehensive criminal law regime to tackle serious crime, we must constantly see where, in light of experience and changes in crime trends, this might be improved. Our laws in this regard remain under constant review to ensure that they are effective and proportionate.

Organised crime is, of course, an international phenomenon and has respect for no borders. Significant strides have been made at EU level to reinforce the response to organised crime through continuous updating of European laws and the establishment of mechanisms to facilitate co-operation between law enforcement authorities, including, for example, through Europol and Eurojust. The renewal of this provision in the 2009 Act is a contribution to the overall framework of measures in seeking to tackle organised crime. It cannot in itself address this scourge in society, but it can be a support to the overall work which is ongoing.

I want to refer very briefly to the Special Criminal Court as it touches on both motions. There are those who have argued that the Special Criminal Court is no longer needed and that its use is unjustified or even that it has been partisan or biased. In response to that I have to say that I firmly disagree. The Special Criminal Court continues to be a necessary response to the threats faced by the State. Putting a second Special Criminal Court into operation was a response by the Government to the need to deal with the volume of cases waiting to be tried. Are we seriously to accept that the threat from republican paramilitary groups and the brutality of ruthless crime gangs does not need a particular response from the criminal justice system? Are we simply to ignore these realities and not retain at our disposal the best means to support An Garda Síochána and the justice system in tackling these ongoing terror threats? I cannot and will not do that.

I want to conclude by acknowledging what Senators said about Garda resources, in particular Senator Conway. He is correct. With regard to Garda numbers, the Government has put in place a plan for an overall workforce of 21,000 personnel by 2021, comprising 15,000 sworn Garda members, 2,000 reservists and 4,000 civilians who will ensure a greater level of availability and visibility of front-line gardaí, many of whom will be moved from desktops to the jobs they were best trained for, that is, working on the streets and in the communities of our country. We are making tangible progress on achieving that goal.

I want to acknowledge the contribution of Senators.I seek the support of this House, in accordance with the legislation, to facilitate the passing of both motions this afternoon.