Seanad debates

Wednesday, 29 June 2022

Offences against the State (Amendment) Act 1998: Motion

 

10:00 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit chuig an Seanad agus roimh an seal labhairt faoin rún atá os ár gcomhair inniu. The Minister of State is very welcome to the House. Sinn Féin will do whatever it takes to get criminal gangs off the streets. We need 21st century laws to tackle 21st century criminals. That means everything: more gardaí on the streets, more resources and, yes, special courts that protect jurors and those giving evidence against these dangerous gangs.

Our approach to all of this has been to improve the legislation. For the past three years, we have called for a review of the criminal justice system to ensure the Garda and the courts have all the powers they need to take on organised crime. It is welcome that the Minister, Deputy McEntee, has started that review. The renewal of the Offences against the State Acts will pass through the Oireachtas this week and Sinn Féin will not oppose that. It is to be hoped that by this time next year, the review team will have brought forward its proposals for improvement and the Government will have legislated for that. We want to work with the Government to bring about necessary change and, crucially, improvement. We can improve on what is there. That is the job of legislators. I do not see how laws crafted in the 1940s can possibly be fit for purpose in the 21st century. In that regard, I point to the shocking cyberattack carried out on the HSE last year. I do not see how having an aspect of the crime-fighting legislation subject to annual review is a good thing either. I support all the courts but a fundamental question is whether we can improve upon them. I believe we can. Can we improve the current legislation? I believe we can do that, too. For example, in its submission to the review, Sinn Féin argued for improved protection for juries, including a new offence of jury tampering, and an end to the annual renewal, which would bring certainty to the process. Decisions in respect of the types of offences being tried within particular courts should be centred within the courts system, be they jury trials, anonymised jury trials or, in exceptional circumstances, non-jury trials. All present want the same thing, namely, safer and vibrant communities. Our job as legislators is to put the tools in the hands of the Garda and the courts to make sure that happens.

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