Seanad debates

Thursday, 13 June 2019

Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I am grateful to the House for its consideration of these two motions. I thank Senators on all sides for their contributions to the debate. Naturally, I particularly welcome the support expressed by a number of speakers for the continuation of these provisions. I appreciate the shared commitment in the House to maintaining in place what is a robust legal framework for the Garda and the courts when dealing with the most serious offences that may threaten the State and the operation of the criminal justice system.

As I outlined, it is my firm view the Offences against the State (Amendment) Act 1998 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 or terrorist nature. We cannot be blind to the ongoing threat that so-called dissidents pose to our way of life. Their disregard for peace and democracy requires a robust and proportionate response. As legislators, we have a duty to do what is necessary and reasonable to protect our democracy. Likewise, as public representatives, everyone in this House has witnessed the devastating impact that drugs have had on families across communities. The activities of organised criminal gangs have wreaked havoc throughout the country.

Let me refer again to the question of the Special Criminal Court as it touches on both motions. To those in the House who have argued that the Special Criminal Court is no longer needed, that its use is unjustified, or even, as has been said not on this occasion but on other occasions in the House, that it has been in some way partisan, I respectfully and firmly disagree with these assertions. I reiterate my belief that juries should be used as much as possible. The Constitution guarantees individuals the right to trial by jury in respect of serious offences. However, the Constitution also recognises the reality that there may be offences which cannot be properly adjudicated upon by a jury because of the threat posed to the State and to individual jurors.

The Special Criminal Court continues to be a necessary response to such threats faced by the State. As I have previously stated for the record, its judges have performed courageous public service in presiding in court without fear or favour over the prosecution of some of the most dangerous terrorists and ruthless criminals in the State. The court has proved its value over the years and it continues to do so. The very real threat to our society that comes from dissident republican paramilitary groups and the brutality of ruthless crime gangs needs an effective and particular response from the criminal justice system. As parliamentarians, we have a duty to support the Garda and the justice system in tackling these threats. I am committed to providing the necessary resources and legislative supports to combat those who seek to undermine the law and to damage lives and communities in doing so.I will comment briefly on the points raised by Senator Ó Donnghaile in respect of Garda resources. There has been unprecedented investment in An Garda Síochána in recent years, in support of the Government’s commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement and provide reassurance to citizens and deter crime. The resources provided by the Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. This represents an increase of over 6% over the initial allocation for 2018.

The programme for Government commits to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement and provide reassurance to citizens and deter crime. In July 2016 the Government agreed an overall vision for the Garda workforce of 21,000 personnel by 2021, to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. This Government is on target for this goal and, while the Senator mentioned a change to recruitment figures for this year, he omitted to mention the resolve on the part of the Garda Commissioner to ensure an influx of civilian workers into An Garda Síochána.

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