Skip to main content
Normal View

Proposed Legislation

Dáil Éireann Debate, Wednesday - 20 May 2020

Wednesday, 20 May 2020

Questions (448)

Anne Rabbitte

Question:

448. Deputy Anne Rabbitte asked the Minister for Justice and Equality if he will be tabling a motion to extend sections 2 to 4, 6 to 12, 14 and 17 of the Offences Against the State (Amendment) Act 1998, which are due to expire on the 29 June 2020; if he will be tabling a motion to extend section 8 of the Criminal Justice (Amendment) Act 2009, which is due to expire on the 29 June 2020; when he will publish a report detailing the operation of these sections during the past 12 months as required by the Acts; when he expects to lay these reports before each House of the Oireachtas; and if he will make a statement on the matter. [6148/20]

View answer

Written answers

The sections of the Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 that the Deputy refers to are significant legislative provisions aimed at combating terrorism and organised crime. As the Deputy is aware, if the relevant provisions are to remain in effect there is a statutory requirement to renew them before the end of June. 

The Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing.  Section 18 provides that the relevant sections of the Act shall cease to be in operation unless their continuance in force is approved by both Houses of the Oireachtas. 

The Criminal Justice (Amendment) Act 2009 provides certain legislative measures to tackle organised crime.  Among those measures was section 8, which provides that certain organised crime offences are to be tried in the Special Criminal Court. Section 8(4) provides that the provision will cease to be in operation unless a resolution is passed by both Houses of the Oireachtas.  

Section 18(3) of the Offences Against the State (Amendment) Act 1998 Act and Section 8(6) of the and the Criminal Justice (Amendment) Act 2009 provide that, before a resolution for continuance is passed, the Minister for Justice and Equality shall prepare reports, which shall be laid before both Houses, on the operation of the relevant provisions in the period since the previous report. 

There remains a real and persistent threat from terrorist activity and organised crime as evidenced by the seizures of firearms, explosives and ammunition by An Garda Síochana and the most serious of cases brought before the Special Criminal Court. It is important that these provisions are renewed and it is my intention to seek their renewal and table the required motions before the Oireachtas.

Top
Share