Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the House for taking these two important motions this afternoon. The House will be aware that the Offences against the State (Amendment) Act 1998 was enacted in the wake of the barbaric murder by the Real IRA of 29 innocent people in Omagh in August 1998. That act of depravity was an affront to humanity and democracy, and it lingers long in our memory. This legislation is a robust and proportionate response to those who choose the bullet over the ballot box. Section 18 of the 1998 Act provides that certain sections must be renewed by the Oireachtas at specified intervals if they are to remain in force. By virtue of resolutions passed by both Houses of the Oireachtas in June 2018, these sections were continued in force for a period of 12 months.

Prior to moving any motion for renewal, the Act requires that I lay before the Oireachtas a report on the operation of the relevant provisions. The current report covers the period from 1 June 2018 to 31 May 2019 and was laid before the Houses on 10 June 2019. It includes a table showing usage figures for each of the years since the Act came into operation. The report also indicates that a number of sections, namely, sections 3, 4, 6, 8, 9, 12 and 17, were not used during the reporting period in question. However, it should not be inferred from this that these provisions are in some way redundant or unnecessary because the usage of the different sections can and does vary from year to year.

While I have no doubt that every one of us in this House looks forward to a time when these provisions will no longer be required, as Minister for Justice and Equality I must at all times take into account the reality of the current situation. In that regard, I appreciate that some Senators are concerned about the role of the Special Criminal Court in the criminal justice system. One of the most important traits of a democratic society is a justice system that operates free from interference by anyone seeking to wrongfully influence outcomes.We all agree that trial by jury must be preserved to the greatest extent possible. However, none of us can be blind to the threat posed to the criminal justice process by individuals, terrorist groups and organised criminal groups that seek to subvert the system through the intimidation of citizens. We cannot allow that to happen. We are obliged to make the hard decision that in certain limited circumstances trial by jury is simply not possible.

I respectfully disagree with those who assert that the Special Criminal Court operates contrary to fundamental rights. The court operates without a jury for sound reason but trials there involve three judges. Anyone tried in that court has the full range of procedural protections available to him or her, including access to the Court of Appeal and the Supreme Court. We all look forward to the day when the Special Criminal Court is no longer needed but, regrettably, we are not there yet. The Garda assessment is that there remains a real and persistent threat from republican paramilitary groups on this island - the so called dissidents. The threat level in Northern Ireland from these groups is regarded as severe. We know that these groups vehemently oppose peace and democracy and, regrettably, they remain wedded to brutality and criminality. They remain very active here carrying out fundraising and planning and preparatory activities to support attacks in Northern Ireland. Their callous disregard for democracy, the rule of law and human life was all too clearly illustrated with the posting of incendiary devices to addresses in the UK in March and their continuing attempts to murder and maim police officers, including the recent planting of a viable bomb under a PSNI officer's car. Of course, we can never forget the callous and appalling murder of Lyra McKee in Derry last April, an innocent woman contributing much to society. It shows the morally vacant nature of these dissident groups and their direct opposition to the democratic wishes of the majority on this island. I am determined that they will not succeed. I am also determined that the bullet will not triumph over the ballot box. I am sure everyone in this House shares my determination.

Of course, many provisions of the Offences against the State Acts could have application to the international terrorist threat. While, thankfully, Ireland has been spared the kinds of jihadist-type attacks we have seen in other European countries targeting innocent people going about their daily lives, such attacks are a stark reminder of the vulnerability of all open democracies to this ongoing threat. As an open democracy, Ireland is not immune. Our security authorities are alive to the potential threat we face and continue to work closely with their international counterparts in identifying and responding to that threat. I pay tribute to the women and men of An Garda Síochána who work tirelessly in countering the threat from paramilitary organisations. The Garda authorities co-operate very closely with the Police Service of Northern Ireland in this regard and this is a key relationship in protecting communities across the island. It is the clear 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. As already stated, terrorist groups remain a threat to the people on this island. They are opposed to the benefits that have flowed from the peace process and are determined to undermine it. The State must retain in its laws the capacity to defeat them and we have a duty as legislators to ensure that is so. On the basis of the information set out in the report and on the advice of the Garda authorities, I propose that the House approve the continued operation of the relevant provisions of the 1998 Act to remain in operation for a further 12 months commencing on 30 June 2019.

I turn now to section 8 of the Criminal Justice (Amendment) Act 2009, which is also the subject of a motion before the House. It refers to four serious organised crime offences that are set out in Part 7 of the Criminal Justice Act 2006. Section 8 of the 2009 Act makes these offences scheduled offences for the purposes of Part V of the Offences Against the State Act 1939. That is to say, trials for these offences are to be heard in the Special Criminal Court subject to the power of the Director of Public Prosecutions, DPP, to direct that the offences be tried in the ordinary courts. This discretion for the DPP maintains an essential balance in deciding which cases are appropriate to be tried in the Special Criminal Court. The legislation requires me to prepare a report, which shall be laid before both Houses, on the operation of the section in the period under report. That report, covering the period from 1 June 2018 to 31 May 2019, was laid before the House on 10 June.

Organised crime continues to present a significant problem. There is, unfortunately, stark evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Dublin in particular has seen a litany of murders, with three callous and cold-blooded murders carried out in the space of a week in recent times. What is clear is that these gangs have no respect for the laws of this land nor the safety of its citizens. They are a scourge on this society and by their behaviour demonstrate a callous disregard for everything that a stable and democratic society stands for. Their nefarious dealings are a cancer that has resulted in the devastation of many lives but nobody is above the law.

Although the provision has been in place since 2009 and while there have been arrests under the relevant offences, 2018 was the first time that convictions in respect of offences under section 72 were secured in the Special Criminal Court. This highlights the considered approach of the DPP in using her discretion to direct that cases would be tried in the ordinary courts where it is possible to do so. The Garda authorities have made clear that this provision continues to be required. As Minister, I must at all times have the utmost regard for the views of the Garda authorities.

The House will share my view that trial by jury must be preserved to the greatest extent possible. However, none of us can ignore the threat posed to the criminal process by individuals, terrorist groups and organised criminal groups that seek to intimidate jurors or potential jurors. Their aim is to subvert the criminal justice system and we cannot allow that to happen. Therefore, we must take appropriate and proportionate measures to prevent this interference. In all the circumstances, I consider that it is necessary to continue section 8 in operation for a further period of 12 months beginning on 30 June 2019. I commend the motions to the House.