Dáil Éireann Debate, Wednesday - 3 June 2020
388. Deputy Michael McGrath asked the Minister for Justice and Equality when he plans to introduce the motion for the annual renewal of sections two to four, six to 12, 14 and 17 of the Offences Against the State (Amendment) Act 1998 in Dáil Éireann; the implications of not renewing these sections for the Special Criminal Court and other related matters; and if he will make a statement on the matter. [9262/20]
Amharc ar fhreagraThe Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 contain significant legislative provisions aimed at combating terrorism and organised crime. If certain important 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. The Act, which amended the earlier Offences Against the State Acts, contains provisions which change the rules of evidence in relation to the offences of membership of an unlawful organisation, create certain new/substantive offences and extend the maximum period of detention under the Act. The Act further provides that relevant offences created under the Act are scheduled offences and therefore are to be tried in the Special Criminal Court. Section 18 provides that the relevant sections of the Act (sections 2 to 4, 6 to 12, 14 and 17 ) 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 is 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.
I am satisfied that 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 Síochána 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 before the end of this month.
