The Government has approved the drafting of the Criminal Justice (Terrorist
Offences) (Amendment) Bill 2012.
The Bill will transpose into Irish law, Council Framework Decision
2008/919/JHA, which amends Council Framework Decision 2002/475/JHA on
combating terrorism. In particular, the Bill, when enacted will amend the
Criminal Justice (Terrorist Offences) Act 2005 to create the three new
offences of:
1. Public Provocation to commit a Terrorist Offence
2. Recruitment for Terrorism
3. Training for Terrorism
These offences carry sentences of up to 10 years imprisonment on conviction
on indictment.
The enactment of the Bill will also allow Ireland to ratify the Council of
Europe Convention on the Prevention of Terrorism in due course.
Welcoming the Government Decision, the Minister for Justice, Equality and
Defence, Alan Shatter TD, said “The publication of this Bill underscores
this Government's commitment to the fight against terrorism at home and
abroad. We stand shoulder-to-shoulder with our European colleagues in
doing everything in our power to close off any gaps in our laws that can be
exploited by those whose only objective is to inflict misery and mayhem on
innocent people.”
The General Scheme of the Criminal Justice (Terrorist Offences) (Amendment)
Bill 2012 is available on the Department of Justice and Equality website:
www.justice.ie
9 November 2012
ENDS
Note for Editors:
Council Framework Decision 2008/919/JHA was done at Brussels on 28 November
2008. The Framework Decision amends the 2002 Framework Decision on
Combating Terrorism to provide for three new offences. These offences
reflect similar offences covered by the Council of Europe Convention on the
Prevention of Terrorism, which Ireland signed on 3 October 2008.
The offence of “public provocation to commit a terrorist offence” is
committed when a person distributes or otherwise makes available a message
to the public, with the intention of encouraging the commission of a
terrorist offence. A person who is convicted of the offence is liable on
summary conviction to a class A fine (up to €5,000) or imprisonment for up
to 1 year; and on conviction on indictment to imprisonment for up to 10
years.
A person is guilty of the offence of “recruitment for terrorism” if they
recruit or attempt to recruit another person to engage in terrorist
activity or a terrorist-linked offence. A person convicted of this offence
is liable on conviction on indictment to imprisonment for up to 10 years.
The offence of “training for terrorism” is committed where a person
provides instruction in the making or use of firearms or explosives, or
biological, chemical or nuclear weapons, for the purpose of committing a
terrorist offence. A person convicted of this offence is liable on
conviction on indictment to imprisonment for up to 10 years.