James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the House for taking these two motions today.

They 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.

The House will be aware that the Offences Against the State (Amendment) Act 1998 was a necessary and wholly proportionate response to the atrocity at Omagh. Our thoughts are always with the families of those murdered and the survivors of this heinous act.

Of course, it must be recognised that in the subsequent years there has been steady progress towards building a lasting peace on this island. Earlier this year we commemorated the 25th anniversary of the Good Friday Agreement. This historic agreement demonstrates how democratic politics can improve the lives of citizens in a divided society. However, there remains much work to do - peace is fragile and needs to be protected. This time last year we all welcomed the lowering of the threat level in Northern Ireland. However, this was short lived. In March, the UK authorities raised the threat level to "severe", meaning a terrorist-related attack is highly likely. It is clear that the so-called "dissident republicans", who have their origins in the Provisional IRA and INLA, continue to represent a threat. Images of masked men in paramilitary uniforms on the streets of Derry earlier this year and of youths throwing petrol bombs at police are images we all hoped that we would not see again. They serve to remind us that we cannot take for granted the enormous opportunity for peace and progress that was brought about by the Good Friday Agreement.

It is imperative that our laws and our authorities are properly equipped to deal with the threat from terrorism, and let no one be under any illusion that these groups do not represent a threat to this State. In that regard, I am firmly of the view that the provisions I am seeking the renewal of today are necessary and required to support An Garda Síochána in investigating, disrupting and dismantling the activities of terrorists.

The House will be aware that in February 2021, the Minister for Justice established an independent expert review group to examine all aspects of the Offences Against the State Acts. The Minister for published reports of the review group last week ensuring that they would be available to Senators ahead of today's debate.

There is much to digest in the majority's package of recommendations and also in the perspective of the minority, and it is important that we take the time to consider carefully how best to proceed. With this in mind, the Minister for Justice has asked her officials to consult with other Departments and the Garda Commissioner, the Office of the Director of Public Prosecutions, DPP, and the Courts Service to inform the preparation of a substantive response for consideration by Government in due course. The Minister has also asked her officials to consult with the Irish Human Rights and Equality Commission to ensure that a broad human rights perspective is captured.

However, in the meantime, having regard to the clear view of the Garda authorities, as noted in the report before the House, that the 1998 Act continues to be one of the most important tools in our ongoing efforts in the fight against terrorism, the Minister is absolutely satisfied that these provisions continue to be required and that they should remain in operation for a further 12 months.

I note that Sinn Féin, which has never supported the Offences Against the State Acts or the Special Criminal Court, has tabled an amendment calling for legislation to give effect to the recommendations of the review group as soon as possible. As I have said, the Minister has asked her officials to begin detailed consultations on the findings of the reports of the review group. It is not appropriate, given how we are dealing with pillars of the criminal justice system that have served us well, to give a commitment to legislation without full consideration of the issues. The Minister must first consult with An Garda Síochána, the DPP and the courts and others to inform a substantive response for consideration by Government.

It is absolutely imperative that we do not do anything to undermine the efforts of the authorities with responsibility for countering paramilitary and criminal groups and protecting communities.Section 8 of the Criminal Justice (Amendment) Act 2009 makes certain organised offences scheduled offences 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 trials by ruthless criminal gangs who behave as if they are beyond the law. Everyone in this House is aware of 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. Nobody can doubt that they will not hesitate to use extreme violence and murder in pursuing their aims and evading justice. This Government is fully committed to supporting the Garda in combatting those involved in organised crime and this is reflected in the unprecedented allocation of more than €2 billion in budget 2023. It is right that we acknowledge the important work of the Garda to bear down on those involved in organised crime and the views of the Garda are clearly set out in the report to the effect that the continued operation of this provision is required. It is, therefore, the view of the Minister that section 8 should be continued in operation for a further 12 months.