“That Dáil Éireann resolves that sections 2 to 4, 6 to 12, 14 and 17 of the
Offences against the State (Amendment) Act 1998 (No. 39 of 1998) shall
continue in operation for the period beginning on the 30th June 2017 and
ending on the 29th June 2018.”
“That Dáil Éireann resolves that section 8 of the Criminal Justice
(Amendment) Act 2009 (No. 32 of 2009) shall continue in operation for the
period beginning on 30th June 2017 and ending on 29th June 2018.”
__________________________
Speech by Charles Flanagan T.D.
Minister for Justice and Equality
I move the Motions, a Cheann Comhairle.
The motions before Deputies this evening seek the continuation in force of
important provisions in the law aimed at tackling terrorism and organised
crime. Given the nature of these provisions, the Houses of the Oireachtas
has decided that they should be routinely reconsidered.
The Minister for Justice and Equality is required to lay Reports before the
Oireachtas on the use of the relevant provisions in the two Acts and
Reports covering the last 12 months up to 31 May 2017 were placed before
the House on the 9th of June.
I know there has been comment previously on the brief nature of the Reports
that are placed before the Houses. They have been traditionally brief in
order to focus clearly on what is required by the Acts – to report on the
operation of the provisions in question. I am, of course, fully open to
consider suggestions Members might have as to how the Reports might be
enhanced.
I should caution, however, that there would be clear constraints on the
detail of what might be included in the context of ensuring there could be
no danger of prejudice to the investigation or prosecution of crime or to
the security of the State.
The Offences Against the State (Amendment) Act 1998 was enacted in the
aftermath of the atrocity at Omagh in August of that year. That bloody
outrage was an affront to humanity and to democracy, and it lingers long in
our memory.
A robust response to the paramilitary group who carried it out and to their
like was essential and these Houses put in place the 1998 Act with that aim
in mind.
The Act was focused on the Northern Ireland-related terrorist threat.
Regrettably, there remains to this day a real and persistent security
threat from those same paramilitary groups who have set their faces against
peace on this island. We need only look to the attempts made to kill PSNI
officers in Northern Ireland and to the Garda and PSNI successes in seizing
firearms and explosives to see the reality of this threat.
We must continue to bear down on these groups to seek to put them out of
business. That remains an absolute priority for the Government.
Of course, many provisions of the Offences Against the State Acts could
have application to the international terrorist threat, one that we have
seen recently in shocking attacks in London, Paris and Manchester. Sadly,
the very nature of that threat means that all open democracies now face it.
In the time available to the House this evening I will not go through all
of the relevant sections in detail. The Report laid before House does so
and it also details the instances in which the various sections in question
have been used in the reporting period.
I note that sections 6, 12 and 17 were not used during the period. It is
the case that not every section is used every year and this does not
undermine the rationale for the powers being available as part of the legal
framework for combating terrorist groups.
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. The Garda Authorities have stated that the provisions of the
Act are used regularly and this is evident from the Report laid before the
House.
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.
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 power of the Director of Public Prosecutions to direct
that the offences be tried in the ordinary courts.
The purpose of this provision was to guard against the possibility of
interference with jury trial by ruthless criminal gangs. As the Report
laid before the House shows, no trials in respect of the offences has taken
place in the Special Criminal Court. This does not, to my mind, invalidate
the reasoning for having this provision in place and available for use when
appropriate.
Rather, in fact, this serves to highlight the very considered approach that
has been taken by the DPP in exercising discretion to direct that cases be
tried in the ordinary courts where this is possible. We greatly value
trial by jury and we must protect it, but we cannot ignore the threat posed
to the criminal process by criminal gangs.
The view of the Garda Commissioner is set out clearly in the Report and it
is that this provision will be required for some time to come. As Minister
for Justice and Equality, I must have full regard for the views of the
Garda Authorities.
Nobody here could be in any doubt about the pernicious nature of the
activities of serious organised criminals in this State. They have no
regard for the damage they cause in communities. They have nothing but
disdain for the rule of law. And they have no hesitation whatsoever in the
use of extreme violence and murder in pursuit of their aims.
It is my view, therefore, that section 8 should continue in operation for a
further 12 months.
A Cheann Comhairle, I commend these Motions to the House.