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Statement by the Minister for Justice and Equality and for Defence Mr. Alan Shatter T.D.

I move the resolution, a Cheann Comhairle.

The resolution before the Dáil seeks approval for the continuance in

operation of those sections of the Offences against the State (Amendment)

Act 1998 which would otherwise cease to be in operation after 30 June next.

Deputies will be aware that this legislation was enacted in the aftermath

of the Omagh bombing in August 1998, a dreadful atrocity which claimed 29

innocent lives and injured over 200 people. The attack at Omagh was a

callous act of mass murder aimed at undermining the then developing peace

process. If anything, it brutality galvanised the already strong desire of

both communities on this island for a shared future based on peace and

democracy.

It is a testament to the resolve of those parties who supported the peace

process that not only did it survive this attack but it flourished and

great advances have been made in normalising politics in Northern Ireland.

We must never forget, however, the suffering of so many people who were

bereaved by the mindless criminality of the very few.

Recognising the exceptional nature of the measures contained in the 1998

Act, it was decided that certain sections of the Act should be revisited

annually by the Oireachtas. The purpose is to allow the Oireachtas to

decide whether the current circumstances justify the continued operation of

these sections. I have no doubt that their continued operation is

justified and I will outline my reasons to the House presently.

To support consideration of the need for the renewal of these sections of

the Act, I am required to lay a report on their operation before both

Houses prior to the resolutions being moved. The report, which I laid

before the House on 13 June 2011, covers the period since the last such

report was prepared in June 2010 to 31 May 2011.

The clear message from the Report is that the relevant sections of the Act

continue to be of significant value to the Gardaí in tackling the threat

from terrorism. Taking into account the provisions of the Act, the numbers

of occasions on which certain provisions have been used and the current

security environment, the Garda authorities consider that the Act continues

to be one of the most important tools available to them in the ongoing

fight against terrorism.

The inevitable conclusion must be that the provisions are necessary to

counter the threat from terrorism and their continued availability to An

Garda Síochána is warranted.

The sad fact is that there is an ongoing threat, both in this jurisdiction

and in Northern Ireland, from a variety of subversive paramilitary groups.

The Real IRA, the Continuity IRA and other groups remain resolutely

committed to violence in pursuit of their aims. They continue to seek to

acquire and manufacture weapons and to plant explosive devices without any

concern for life or limb. In particular, they have targeted members of the

security forces in Northern Ireland. The recent, tragic murder of PSNI

Constable Ronan Kerr is a stark demonstration of their ongoing murderous

intent.

Put plainly, these are gangs of criminal terrorists. I say ‘criminal’

because these groups are involved in a wide range of organised criminal

activities and I believe that in many cases their continued commitment to

the so-called ‘cause’ is centred more on preserving their personal

positions. These groups represent nothing but their own warped views of

the world. Their actions display nothing but contempt for the peace-loving

majority on this island.

The 1998 Act was brought in following the Omagh bombing and was mainly

targeted at ‘domestic’ terrorist groups. However, we cannot ignore the

threat from international terrorism and we should not imagine that Ireland

is completely immune from it. We certainly must not be complacent in

responding to it. The Criminal Justice (Terrorist Offences) Act 2005

enables the application against international terrorist groups and

individuals of the Offences against the State Acts, including the

provisions under consideration today.

To return to the provisions which are the subject of the resolution, the

Report I laid before the House is based on data received from the Garda

authorities and it shows the following.

Section 2 was used on 48 occasions.

Section 2 provides that where, in any proceedings for membership of an

unlawful organisation, an accused failed to answer or gave false or

misleading answers to any question, the court may draw such inferences as

appear proper. However, a person cannot be convicted of the offence solely

on an inference drawn from such a failure.

Section 3 was used on 12 occasions.

This section provides that, in proceedings for membership of an unlawful

organisation, an accused must give notification of an intention to call a

person to give evidence on his behalf, unless the court permits otherwise.

Section 7 was used on 24 occasions.

This section makes it an offence to possess articles in circumstances

giving rise to a reasonable suspicion that the article is in possession for

a purpose connected with the commission, preparation or instigation of

specified firearms or explosives offences.

Section 8 was used once.

This section makes it an offence to collect, record or possess information

which is likely to be useful to members of an unlawful organisation in the

commission of serious offences.

Section 9 was used on 63 occasions.

This section makes it an offence to withhold information which a person

believes might be of material assistance in preventing the commission of a

serious offence or securing the apprehension, prosecution or conviction of

another person for such an offence.

Section 10 was used on 12 occasions.

This section extends the maximum period of detention permitted under

Section 30 of the Offences against the State Act from 48 hours to 72 hours,

but only on the authorisation of a judge of the District Court. The judge

must be satisfied, on the application of a Garda not below the rank of

Superintendent, that the further detention is necessary for the proper

investigation of the offence concerned and that the investigation is being

conducted diligently and expeditiously. The person being detained is

entitled to be present in court during the application and to make, or to

have made, submissions on his behalf.

In the reporting period in question, an extension under section 10 was

applied for, and granted, in 12 cases and charges resulted in six of those

cases.

Section 11 was used on 5 occasions.

This section allows a judge of the District Court to permit the re-arrest

and detention of a person in respect of an offence for which he was

previously detained under Section 30 of the Offences against the State Act

but released without charge. This further period must not exceed 24 hours

and can only be authorised in circumstances where the judge is satisfied on

information supplied on oath by a member of the Garda Síochána that further

information has come to the knowledge of the Garda Síochána about that

person’s suspected participation in the offence.

Section 14 is a procedural section which makes the offences created under

sections 6 to 9 and 12 of the 1998 Act scheduled offences for the purposes

of Part V of the 1939 Act. The sum total of the uses of sections 6 to 9

and 12 was 88.

I would now like to turn to those sections of the 1998 Act that were not

used in the period under report, namely, sections 4, 6, 12 and 17.

Section 4 amends Section 3 of the Offences against the State (Amendment)

Act 1972 to expand the definition of ‘conduct’ that can be considered as

evidence of membership of an unlawful organisation. Specifically,

‘conduct’ can include matters such as ‘movements, actions, activities, or

associations on the part of the accused’. This change simply aligns the

definition of conduct in the 1972 Act with the reference to movements,

actions, activities or associations used in Section 2 of the 1998 Act.

Section 6 creates the offence of directing the activities of an

organisation in respect of which a suppression order has been made under

the Offences against the State Act 1939.

Section 12 makes it an offence for a person to instruct or train another

person in the making or use of firearms or explosives or to receive such

training without lawful authority or reasonable excuse.

Section 17 builds on a provision in the Criminal Justice Act 1994 which

empowers a court, in its discretion, to order the forfeiture of any

property in the possession of a convicted person which was used, or

intended to be used, to facilitate the commission of an offence under that

Act. The effect of Section 17 is, in the case of a person convicted of

specified offences relating to the possession of firearms or explosives,

and where there is property liable to forfeiture under the 1994 Act, to

require the court to order the forfeiture of such property unless it is

satisfied that there would be a serious risk of injustice if it made such

an order.

Although these sections were not used in the period under report, I am sure

Deputies will agree that their continued availability is essential to an

effective response to the threat from terrorist groups.

A Cheann Comhairle, I would be delighted to be able to inform Members that

these provisions are no longer considered necessary. However, that would

necessitate a very significant change of attitude on the part of these

criminal, terrorist groups. In the absence of such a change I could not as

Minister for Justice and Equality recommend to the Dáil that valuable

legislative provisions be allowed to lapse.

I consider that the relevant provisions of the 1998 Act should remain in

operation for a further 12 months and I commend this resolution to the

House.