Emergency anti-terrorism legislation is expected to be renewed for another year when the Dáil votes tomorrow on the retention of the 1998 Offences against the State Act and the 2009 Criminal Justice Act.
Fianna Fáil and Labour indicated their support for the renewal of the legislation during a debate last night introduced by Minister for Justice Frances Fitzgerald.
But Labour TD Alan Kelly expressed "serious reservations". He said neither the Minister nor the Garda Commissioner had actually addressed the factual issue and the report the Minister issued was no more than 1,200 words.
Rubber stamp
The Dáil and Seanad had “no evidence or no adequate evidence” that the ordinary courts were inadequate to administer criminal justice, he said. Mr Kelly warned that defence counsel in the Special Criminal Courts could argue a proper extension of the legislation was required rather than the annual “rubber stamping”.
Ms Fitzgerald said there was a “real and lethal threat on this island from those so-called dissident paramilitary groups that are fundamentally opposed to peace”.
She described the terrorism threat level in Northern Ireland as severe and the murder this year of prison officer Adrian Ismay highlighted the “morally vacant nihilistic path these groups follow” in opposition to the majority on the island. She added that it was the “clear view” of the Garda Commissioner that the legislation continued to be an important tool in ongoing efforts in the fight against terrorism.
Under the provisions of the legislation the Minister must report annually to the Dáil and Seanad on its implementation, which then votes each year on its renewal.
Omagh
The 1998 legislation was implemented following the Omagh bombing that year and increased detention to 72 hours, created new offences including directing an unlawful organisation and changed the rules of evidence including the drawing of inferences in certain circumstances.
The Criminal Justice Act provides for those charged with organised crime offences to be tried in the Special Criminal Court.
Fianna Fáil justice spokesman Jim O’Callaghan described the provisions as “proportionate and necessary provisions from dissident republicans” and also the threat of international terrorism.
Sinn Féin TD Caoimhghín Ó Caoláin said the Belfast Agreement required security normalisation measures including the progressive elimination of the emergency legislation provisions and it was “not appropriate” to continue with these laws 18 years after the agreement.
