Seanad debates

Tuesday, 22 June 2021

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

 

9:00 am

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail) | Oireachtas source

I join you, a Leas-Chathaoirligh, in welcoming the Minister to the Chamber. I congratulate her on her new-found responsibility in the Department of Justice. I wish her well in that Department.

I am delighted to have an opportunity to speak in this important debate. The Fianna Fáil Party totally supports the motions, which provide for the continuation of certain provisions under the Offences against the State (Amendment) Act 1998 and also the continuance in operation of section 8 of the Criminal Justice (Amendment) Act 2009.

We fully agree with the continuation in operation of the Offences against the State (Amendment) Act 1998, which is a central provision in the battle against dissident republican groups engaged in terrorism. This Act was introduced in 1998 by Fianna Fáil in response to the Omagh bombing. The State must remain vigilant at all times in the face of a continuing threat from dissident republican terrorist groups which refuse to recognise the legality or existence of the State.

Section 8 of the Criminal Justice (Amendment) Act 2009 is a vital tool in the battle against organised crime. The Act was first introduced by Fianna Fáil. Section 8 allows for the prosecution of individuals before the Special Criminal Court without a jury for directing a criminal organisation, participating in or contributing to the activity of a criminal organisation for the purposes of committing or facilitating the commission of serious offences, and-or the committing of an offence for a criminal organisation. This was a necessary legislative provision to rebalance the justice system's approach in favour of the Garda in the fight against organised crime.

I look forward to the day when there will be no need for a Minister to come to the House to renew this legislation. Senator Conway stated this is the ninth or tenth year that he has had to stand up and support this legislation, and rightly so, but we look forward to the day that there will be no need to do that.

The relevant provisions of the Act will be in force until 30 June this year. If they are to remain in force, they will need to be renewed before that date. Renewal of the provisions requires the passing of resolutions in both Houses of the Oireachtas and we are here in the Seanad to do that today.

The Minister outlined clearly the need that for this legislation to remain intact. Unfortunately, dissident republican organisations and organised crime gangs are running rife in the State. That is a depressing thought but in order to protect our citizens, we have no choice but to continue with this legislation.

I compliment the Garda on its ongoing work to deal with all areas of criminality in the State. I acknowledge the major successes it has achieved in this regard and wish it continued success in the future.

Unfortunately, this legislation will have to remain in place for the next 12 months but it is only right that it is being reviewed. Last year, the Minister indicated there would be a review of this legislation and I very much welcomed that. It is important that we shine a strong light on the laws of the land so that citizens can be protected in the best way possible. The Minister stated the review would be published shortly. I look forward to having an opportunity to examine the recommendations included in that report.

Fianna Fáil is delighted to support this legislation. As I said, I look forward to the day when there will be no need for any of us to come into this Chamber to discuss this topic.

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