Dáil Éireann Debate, Thursday - 25 April 2013
166. Deputy Terence Flanagan asked the Minister for Justice and Equality the rationale for the annual review mechanism provided for in section 18 of the Offences Against the State (Amendment) Act 1998, as amended by section 37 of the Criminal Justice Act 1999; if he will list any other similar review mechanisms which exist in legislation here; and if he will make a statement on the matter. [19631/13]
Amharc ar fhreagraAs the Deputy will be aware the Offences Against the State (Amendment) Act 1998 was enacted by the Oireachtas in the aftermath of the Omagh bombing of August 1998. This atrocity which took the lives of 28 innocent men, women and children was carried out by terrorists opposed to peace on this island. The purpose of the Act was to strengthen the powers of An Garda Síochána in tackling these criminal terrorists.
Section 18 of the 1998 Act, as amended by section 37 of the Criminal Justice Act 1999, provides that certain sections of the 1998 Act must be reviewed annually and would cease to operate unless a resolution had been passed by the Houses of the Oireachtas confirming the continuation of the sections. I presume the rational behind the annual review mechanism is to ensure transparency in the application of the Act and to enable members of the Oireachtas to consider whether the security threat which gave rise to the powers in question remains. With regard to the areas for which I have responsibility as Minister, a similar review mechanism is in place with regard to section 8 of the Criminal Justice (Amendment) Act 2009 which provides for the trial in the Special Criminal Court of certain organised crime offences.
