Controversial emergency anti-terrorist and anti-crime legislation has been renewed by the Seanad just hours ahead of the midnight deadline before it lapsed.
Minister for Justice Helen McEntee, in her first speech in her new role, reiterated the commitment last week of her predecessor Charlie Flanagan that the provisions of the Offences Against the State Act and the Criminal Justice (Amendment) Act would be part of a comprehensive independent review of the State’s security legislation.
Ms McEntee said it was clear the measures needed to be reviewed for the next 12 months and the evidence was clear that there were links between organised crime and those engaged in paramilitary activity, and they could not be blind to the threat of both.
She said that in all circumstances it was necessary to continue the sections in operation, and the Garda assessment was that there remained a real and persistent threat from republican paramilitary groups on this island.
The ongoing gang-related feuds in Dublin and Drogheda have brought into focus “the depravity with which they operate” and in their “willingness to take human life in pursuit of their aims, they will have no hesitation in subverting the system of justice”.
Renewal of the two pieces of legislation is debated annually and was held up for months because the Seanad was not deemed fully constituted without all 60 members.
The appointments of the Taoiseach’s 11 nominees meant the Seanad was fully constituted and, in its first session, renewed the emergency provisions relating to prosecution of serious criminal and terrorist offences and trials before the non-jury Special Criminal Court.
The Dáil renewed the emergency provisions last week and Sinn Féin abstained for the first time.
21st-century legislation
Sinn Féin Senator Niall Ó Donnghaile told the Seanad, sitting in the Convention Centre in Dublin, that they needed 21st-century legislation to deal with 21st-century crime gangs who recognised no borders.
The Director of Public Prosecutions has discretion to decide on whether to take a prosecution in the Special Criminal Court and to decide on evidential procedures. Fine Gael Senator Barry Ward called for that authority to be given to an independent judicial authority.
Labour Seanad leader Ivana Bacik said the annual report Oireachtas members receive about the operation of the legislation gave no substantial information about why the normal courts were inadequate.
Independent Alice Mary Higgins said renewal of this legislation in 2021 should not be assumed but Independent Michael McDowell said it would be naive and irresponsible to think they would not need its provisions given current criminal and paramilitary activity.
