Ivana Bacik
Question:120. Deputy Ivana Bacik asked the Minister for Justice if he will clarify the process for proscribing organisations; and his views on the adequacy of the mechanism in place. [26629/23]
View answerWednesday, 31 May 2023
Questions (120)
Written answers
Under the Offences Against the State Act 1939, the State's primary counter-terrorism legislation, there are two means by which an organisation may be proscribed as unlawful for the purposes of that Act.
Firstly, an organisation which engages in any of the activities specified in section 18 of the 1939 Act is declared to be an unlawful organisation for the purposes of that Act. No further action is required.
Secondly, an organisation may be declared to be unlawful by way of Government order pursuant to section 19(1) of the 1939 Act where the Government are of the opinion that the organisation concerned is an unlawful organisation and ought, in the public interest, to be suppressed.
In addition, section 5 of the Criminal Justice (Terrorist Offences) Act 2005, which was enacted with particular application to international terrorism, ensures that any organisation which engages in terrorist activity or terrorist-linked activity is an unlawful organisation within the meaning and for the purposes of the 1939 Act.
As regards the adequacy of the mechanism in place, as the Deputy will be aware, the Independent Review Group under the Chairmanship of Mr Justice Michael Peart has recently completed its examination of all aspects of the Offences Against the State Acts including proscription. It will be brought to Government with a view to publication in June.