James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the House for taking these two motions. The two motions before the House today seek the approval of the Seanad to continue in force provisions in the Offences against the State (Amendment) Act 1998 aimed at tackling terrorism, and the Criminal Justice (Amendment) Act 2009 in respect of organised crime. Given the nature of these provisions, the Houses of the Oireachtas has decided that they should be reconsidered annually. The Minister for Justice, in accordance with the provisions, has laid reports on the use of these powers covering the 12 months up to 31 May 2022.

As 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 make them more responsive to the threat from certain groups. This robust legislation was enacted by the Oireachtas in the wake of the murder, by the Real IRA, of 29 innocent people in the bombing of 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 on this island to live in peace. The report laid before this House on 7 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 who 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. While the recent lowering of the threat level in Northern Ireland is to be welcomed, the threat level remains substantial and the State cannot be complacent in this regard. I pay tribute to the members of An Garda Síochána and the Police Service of Northern Ireland, who work tirelessly and co-operate to counter the threat from paramilitary organisations. 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. Of course, while the 1998 Act was a response to a domestic threat, as an open democracy it is very important that we do not lose sight of the threat from international terrorism. We are not immune from this threat. Many provisions of the Offences against the State Acts form part of the response to that threat.

The House will be aware that in February last year the Minister for Justice established an independent expert review group, under the chairmanship of Mr. Justice Michael Peart, to examine all aspects of the Offences against the State Acts, taking into account the current threat posed by domestic-international terrorism and organised crime, the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State, and Ireland's obligations in relation to constitutional and ECHR rights and international law. The chair of the review group has recently reported that the group has had significant engagement with relevant stakeholders, statutory agencies and civil society organisations. The group's final report is expected in the autumn. I would like to thank Mr. Justice Peart and the members of the review group for undertaking this significant and complex task, and I expect full engagement with any recommendations they might have for this important legislation. 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 the circumstances, I must conclude that these provisions continue to be required and that they should remain in operation for a further 12 months.

I will now turn to section 8 of the Criminal Justice (Amendment) Act 2009, which 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 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 to direct that the offences be tried in the ordinary courts. The purpose of the provision is to guard against the possibility of interference with jury trial by ruthless criminal gangs. Of course, it is the case that jury trial should be preserved to the greatest extent possible. However, we cannot ignore the fact that organised crime gangs have shown a particular ruthlessness in their activities, including attacks on witnesses and 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 that society and the criminal justice system face from organised crime gangs who will stop at nothing in pursuit of their criminal activities. The Garda authorities are working intensively to bear down on these criminal gangs and to disrupt their activities. An Garda Síochána deserves praise for the considerable successes it has had against these gangs. With the Government's support, that work will continue. The views of An Garda Síochána are set out clearly in the report, namely, that the continued operation of the 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 that have been laid before the House, it is the clear view of An Garda Síochána that the provisions in 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 on the advice of Garda authorities, I propose that the House should approve the continued operation of the relevant provisions of the 1998 Act and the 2009 Act for a further 12 months commencing on 30 June.