Colm Brophy (Dublin South West, Fine Gael)

The two motions before the House seek the approval of Seanad Éireann to continue in force provisions in the Offences against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 aimed at combating terrorism and organised crime.Given the nature of these important provisions, the Houses of the Oireachtas have decided that they should be periodically reviewed. The Minister for Justice, Home Affairs and Migration is required to lay reports before the Oireachtas on the use of the relevant provisions in the two Acts, and reports covering the 12 months up to 31 May 2025 were placed in the Oireachtas Library on 18 June.

Senators will be aware that the Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing in August 1998. This was a necessary and proportionate response to an atrocious and barbaric act and the murder of 29 innocent people by the Real IRA. These provisions of the criminal law provide strong legislative powers to ensure that the Garda and the courts are in a position to meet the challenge laid down by those opponents of peace. Section 18 of the 1998 Act provides that sections 2 to 4, inclusive, 6 to 12, inclusive, 14 and 17 must be renewed by the Oireachtas at least annually if they are to remain in force.

The report laid before this House 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 usage figures for each of the years since the Act came into operation. It is clear that the so-called dissident republicans, who have their origins in the Provisional IRA and INLA, continue to represent a threat, although, thankfully, a lesser one than in the past. Despite the progress towards peace made over the years, they continue to seek to return to the fruitless violence of the past. They have remained resolute in their opposition to democracy and the rule of law and all that the Good Friday Agreement stands for, and they remain wedded to brutality and criminality. It is also well established that these groups have links to, and operate hand in hand with, organised criminals.

There is no cause of complacency in countering the threat posed by these organisations. North-South co-operation in this area is crucial, and co-operation between gardaí and their counterparts in Northern Ireland is strong - indeed, automatic when needed most. In recent years, the benefits of that co-operation have been apparent from successful joint operations between An Garda Síochána and the PSNI. Indeed, the joint Cross Border Policing Strategy 2025-2027 provides a platform for An Garda Síochána and the PSNI to build on existing strategic and operational collaboration and to strengthen policing capacity and capability. I pay tribute to the Garda and PSNI officers who continue to co-operate closely and work tirelessly together to keep their communities safe and to counter all threats from terrorism.

It is our duty to ensure those tasked with protecting us from this threat have at their disposal the appropriate measures to meet it. In that regard, I am firmly of the view that the provisions I am seeking renewal of today are necessary to support An Garda Síochána in investigating, disrupting and dismantling the activities of terrorists. The report laid before this House, in addition to providing information on the use of the provisions in question over the past year, also notes the clear view of the Garda Commissioner that the Act continues to be an important tool in ongoing efforts to combat terrorism.

Of course, while the 1998 Act provides for a response to a domestic threat arising from dissident republican terrorism, as an open democracy it is very important that we do not lose sight of the threat from violent extremism and international terrorism. There has been generally a deterioration in the international security landscape in recent times, in part due to terrible wars in Ukraine and in the Middle East. Europol, in its most recent terrorism situation and trend report 2025, sets out the threat situation at EU level. The report confirms that terrorism, particularly jihadist and lone actor attacks, remains a key threat to the EU's internal security.

The EU recently published its internal security strategy, ProtectEU. The strategy notes the changed security environment and evolving geopolitical landscape, where the links between the EU's internal and external security require more action against the range of threats faced, including hybrid threats by hostile foreign states and state-sponsored actors, powerful organised crime networks, and the ongoing threat faced from terrorism and technological advancements. Ireland is not immune from the threats arising in this changed security environment, and we must have the capability to deal with such threats.

The views of An Garda Síochána are clearly set out in the report and it is that the continued operation of these provisions is required. It is my strong view and the strong view of the Minister for Justice, Home Affairs and Migration that the relevant sections should be continued in operation for a further 12 months.

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 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 powers of the Director of Public Prosecutions to direct that 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 groups that seek to behave as though they are beyond the law. It was enacted as a response to a number of difficulties where the justice system was considered to be under serious threat from organised crime. Organised crime groups have shown a particular ruthlessness in their activities, including attacks on witnesses and intimidation of jurors. It was imperative that the criminal justice system was robust enough to withstand the assault launched upon it.

Most Senators will agree that this imperative remains. Supporting the efforts of An Garda Síochána in combating organised crime and bringing to justice those involved remains a priority for the Government. This was reflected in the record allocation of €2.48 billion in budget 2025. An Garda Síochána is working intensively to bear down on the criminals involved and deserves praise for its considerable success in disrupting their activities. I draw attention to the joint task force operation in March that resulted in £6.5 million worth of drugs being seized near Belfast and An Garda Síochána's operation in May that resulted in the seizure of €5.4 million.

Senators will also be aware of other significant cases in which individuals have been sent forward for trial to the Special Criminal Court in recent weeks. I acknowledge this important work and the brave gardaí who persevere with it, day in and day out. The report that the Minister for Justice, Home Affairs and Migration has laid before the House, in accordance with section 8, covers the period from 1 June 2024 to 31 May 2025. It includes information provided by the Garda Commissioner on the use of the Act over the past 12 months. It is clear from the report that An Garda Síochána made a significant number of arrests in respect of offences relating to section 8 of the Criminal Justice Act 2011, with 11 charges laid before the Special Criminal Court and three convictions recorded.

A further two sentencing hearings were dealt with in the Special Criminal Court during the reporting period. The views of An Garda Síochána are clearly set out in the report. It is my strong view, and that of the Minister for Justice, Home Affairs and Migration that section 8 should remain in operation for a further 12 months.

I wish to briefly address another matter. The House will be aware that the majority and minority reports of the independent review group were published in June 2023. The majority report recommended the repeal of the Acts and their replacement with modern, bespoke legislation. As part of this, the assessment of the majority of the review group is that there is, and will continue to be, an ongoing need for a non-jury court, as permitted under the Constitution, to try serious criminal offences in certain limited and exceptional circumstances. The Minister for Justice, Home Affairs and Migration recently informed the Government that he accepts, in principle, the recommendations of the majority report and that he will bring proposals forward in due course. In the meantime, as set out in the two reports laid before the House, it is the clear view of An Garda Síochána that the provisions of the 1998 and 2009 Acts continue to be both necessary and effective in ongoing efforts to fight against terrorism and serious organised crime. On the basis of the information set out in the reports and on the advice of the Garda authorities, I propose that the House approve the continued operation of the relevant provisions of the 1998 and 2009 Acts for a further 12 months, commencing on 30 June.