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Legislative Reviews

Dáil Éireann Debate, Wednesday - 5 July 2023

Wednesday, 5 July 2023

Questions (146)

Éamon Ó Cuív

Question:

146. Deputy Éamon Ó Cuív asked the Minister for Justice whether she intends consulting with the Independent Reporting Commission in relation to the reports published recently on the Special Criminal Courts and the Offences Against the State Act 1939; and if she will make a statement on the matter. [33014/23]

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Written answers

As the Deputy is aware I published the majority report and the minority report of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts on 21 June following consideration by Government.

Given the importance of the Acts as the State's primary counter-terrorism legislation over many decades, any proposals for reform must be thoroughly considered and approached with the utmost care.

With this in mind, I have asked my officials to consult with other Government Departments, and the bodies most affected, including the Garda Commissioner, the Office of the DPP and the Courts Service to inform the preparation of a substantive response for consideration by Government in due course. I have also asked my officials to consult with the Irish Human Rights and Equality Commission to ensure that a broad human rights perspective is captured.

The Deputy refers to the Independent Reporting Commission (IRC) which was established by the Irish and UK Governments in 2016 by way of an international treaty following the Fresh Start Agreement to facilitate monitoring of the implementation of measures aimed at ending paramilitary activity in Northern Ireland.

The IRC’s functions are to report annually to the Irish and British Governments on the progress towards implementing the commitments of the Fresh Start Agreement on tackling paramilitary activity and associated criminality in Northern Ireland. The Commission submitted its most recent report on 7 December 2022. The Secretary of State for Northern Ireland and I have welcomed their reports which are the subject of discussion between the two Governments as part of the regular meetings of the British Irish Intergovernmental Conference. The last such meeting was held on 19 June in London and included consideration of IRC’s recommendations.

As part of its work the IRC is obliged to engage with a range of stakeholders including the Irish Government. Both my officials and I are committed to constructive engagement with the Commission and have met the Commission on multiple occasions. Most recently, on 21 June I met with the Commission to discuss their valuable work. I remain open to continued engagement with them on any matter they wish to bring to my attention.

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