Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the House for taking these two motions today. The two motions seek this House's approval to continue in force certain provisions in both the Offences against the State (Amendment) Act 1998 which are aimed at tackling terrorism and in the Criminal Justice (Amendment) Act 2009 in respect of organised crime. Given the nature of these provisions, the Houses of the Oireachtas has decided they should be routinely reconsidered. As Minister for Justice, I am required to lay reports before the Oireachtas on the use of the relevant provisions in the two Acts. Reports covering the 12 months up to 31 May 2021 were placed in the Oireachtas Library on 18 June.

The House will be aware the Offences against the State (Amendment) Act 1998 contains a series of amendments to the Offences against the State Acts to respond to the threat from certain groups. It will be recalled that this robust legislation was enacted by the Oireachtas in the wake of the horrific murder by the Real IRA of 29 innocent people in the bombing at Omagh in August 1998. That atrocity demanded a resolute response from the State, and the legislation enacted then was a necessary and proportionate measure to defend the desire of the vast majority of law-abiding people to live in peace on this island.

The report laid before this House on 18 June includes information provided by the Garda Commissioner on the use of the provisions in question over the past 12 months and a table setting out reported usage figures for each of the years since the Act came into operation. The report also provides a brief assessment of the security situation. Regrettably, despite the enormous progress made towards a lasting peace on this island, there remains to this day a real and persistent threat from those same paramilitary groups that have set their faces against peace. We know these groups are vehemently opposed to peace and seek to attack the institutions of Northern Ireland. Their callous targeting of PSNI officers underlines the morally vacant path which these dissident groups seek to follow. There was a recent incident where the child of a PSNI officer was put at risk by a device, which, thankfully, was disarmed.

As Minister for Justice, I pay tribute to the members of An Garda Síochána and their colleagues in the Police Service of Northern Ireland who work tirelessly and co-operate closely on an ongoing basis to counter the threat from paramilitary organisations. Sadly, this ongoing work is all too necessary. The benefits of that co-operation are obvious from successful joint operations between An Garda Síochána and the PSNI, such as Operation Arbacia, and the recent joint cross-Border investigation targeting organised crime.

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. While the 1998 Act was a response to a domestic threat, as an open democracy it is important we do not lose sight of the threat from international terrorism. Ireland is not immune from this threat, and many provisions of the Offences against the State Acts form part of the response to that threat.

The House will be aware an independent expert review group, under the chairmanship of former Court of Appeal judge Michael Peart, has been established to review the Offences against the State Acts. This is an important and timely process as it is nearly 20 years since these powers were last subject to a detailed review. I am grateful to the expert members for giving their time to this important work. The chair of the group has confirmed to me an interim report is being finalised by the group and I expect to receive that in the near future. That report will detail the work already undertaken by the group, along with its assessment of the time required to bring this substantial body of work to conclusion. In the meantime, the report laid before this House notes the clear view of the Garda authorities that the Act continues to be one of the most important tools in ongoing efforts in the fight against terrorism. In these circumstances, my conclusion is that these provisions continue to be required and that they should remain in operation for a further 12 months. By that time, I expect to have the benefit of the group's final report.

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 these scheduled offences for the purposes of Part 5 of Offences against the State Act 1939, which means trials for these 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 is to guard against the possibility of interference with jury trial by ruthless criminal groups. Trial by jury should be preserved to the greatest extent possible. However, we cannot ignore the fact that organised crime groups have shown a particular viciousness in their activities, including attacks on witnesses and the intimidation of jurors.

The report on this section that has been laid before the House includes information provided by the Garda Commissioner on the use over the past 12 months of the provisions in question and details of the offences in question. No one can be under any illusion as to the threat our communities and the entire criminal justice system face from organised crime groups who will stop at nothing in pursuit of their criminal activities. The Garda authorities are working intensively to bring immense pressure on these criminal groups, to disrupt their activities and to seize their drugs and cash. The Garda deserves praise for the considerable successes it has had against these groups, which have been remarkable in the past year. With the Government's support and with the support of this House, that work will continue. The views of An Garda Síochána are set out clearly in the report. Its view is that the continued operation of this provision is required. It is my view, therefore, that section 8 should continue in operation for a further 12 months.

As set out in the two reports I have laid before the House, it is the clear view of An Garda Síochána that the provisions of the 1998 Act and the 2009 Act continue to be necessary and effective in ongoing efforts in the fight against terrorism and serious organised crime.On the basis of the information set out in the report and the advice of the Garda authorities, I propose that the House approves the continued operation of the relevant provisions of the 1998 Act and the 2009 Act for a further 12 months commencing on 30 June.