Offences Againts the State (Amendment) Act 1998: Motion

Offences against the State (Amendment) Act 1998: Motion

Wednesday, 20 June 2012

Senator Ivana Bacik: I welcome the Minister to the House and the opportunity to debate again the review of the continuance in operation of the relevant provisions of the Offences against the Stage (Amendment) Act 1998. I declare an interest, having appeared in court representing people in connection with the legislation. I did speak on it last year and on every previous occasion. I said then and I say it again that we all appreciate the ongoing nature of the terrorist threat. The Minister spelt that our clearly in this contribution, not only in his reference to the appalling atrocity in Omagh 14 years ago but also to serious attacks, particularly the murders he mentioned of PSNI Constable Ronan Kerr last year and the ongoing intimidation, particularly of Catholic members of the PSNI, which is an appalling occurrence witnessed on an ongoing basis. It is on that basis that those of us who have spoken in support of the continuance of the legislation do so.

We must always balance legislation of this nature and ensure there is a balance within it as well as adequate protections and safeguards. I said last year that it is helpful to have figures from the Minister on how frequently each section has been used. Heightened levels of scrutiny must be given to sections that are not used within a previous 12 month period. Senator Cullinane referred to section 8 which was not used in the period covered by the report. Section 4 effectively refers to guilt by association and how evidence of membership may be inferred from certain matters. That section was not used in the past 12 months and, I think I am correct in saying, not in the previous 12 months either. It would be useful to have some sense of the likely future use of such sections, where they have not been used in the past year, and why they should remain in force.

I note from the Minister's contribution that section 17, which had not been used in any reporting period previously, has, in the past 12 months, been used on three occasions. I note there are sections that may, effectively, remain dormant for some years and which then become of use. It is important to note where a section has been used for the first time. We all appreciate that the Minister referred to this as the first reporting period where section 17 has been used. It would be helpful to get a sense of likely future usage or on what basis the section should remain in force where it has not been used. That is, perhaps, the only information that would be useful in respect of certain sections. It is a matter of ensuring balance, that adequate safeguards are in place and that the Oireachtas has a role in monitoring the continuance in force of these provisions, which we are doing and have done in previous years.