[Oireachtas] Dáil Éireann debate. Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions. (25 Jun 2025)
External website: https://www.oireachtas.ie/en/debates/debate/dail/2...
An Cathaoirleach Gníomhach (Deputy Mattie McGrath): I welcome the Minister. The motion regarding the Offences against the State (Amendment) Act 1998 and the motion regarding the Criminal Justice (Amendment) Act 2009 are being taken together and are related. I call the Minister.
Minister for Justice, Home Affairs and Migration (Deputy Jim O'Callaghan): I move:
That Dáil Éireann resolves that sections 2 to 4, 6 to 12, 14 and 17 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998) shall continue in operation for the period beginning on 30th June, 2025 and ending on 29th June, 2026.
The two motions seek the approval of the Dáil to continue in force provisions in the Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 which are aimed at combating terrorism and organised crime. Given the nature of these important provisions, the Houses of the Oireachtas has decided they should be periodically reviewed and that has happened on an annual basis.
As Minister for Justice, Home Affairs and Migration, I am required to lay reports before the Houses of the Oireachtas on the use of the relevant provisions in the two Acts. Reports covering the 12 months up to 31 May 2025 were placed in the Oireachtas Library on 18 June.
I will deal first with the motion on the Offences Against the State (Amendment) Act 1988. Deputies will be aware that it was enacted in the aftermath of the Omagh bombing in August 1998. The legislation was a necessary and proportionate response to an atrocious and barbaric act and the murder of 29 innocent people by the Real IRA. The Cathaoirleach Gníomhach will be aware there is an inquiry ongoing in Northern Ireland into the Omagh bombing. I assure Members of this House, and indeed the public, that the Irish Government is co-operating fully with that inquiry. We do not agree with the suggestion there should be two separate inquiries in both jurisdictions. As Lord Turnbull, chair of the inquiry, said, that would lead to a lot of problems and confusion, so we do not support that suggestion. These provisions of the criminal law provide strong legislative powers to ensure the Garda and the courts are in a position to meet the challenge laid down by these opponents of peace.
Section 18 of the 1998 Act provides that sections 2 to 4, inclusive, 6 to 12, inclusive, 14 and 17 must be renewed by the Oireachtas at least annually if they are to remain in force. The report laid before this House includes information provided by An Garda Síochána on the use of the provisions in question over the past 12 months and a table setting out usage figures for each of the years since the Act came into operation. It is notable that seven of the 12 provisions to be renewed, namely sections 3, 4, 6, 8, 10, 12 and 17, have not been utilised during the reporting period. Of course, the fact a provision is not used in a particular year does not mean it is redundant or unnecessary as the usage of different sections can vary from year to year...
The House will be aware of the threat that society and the criminal justice system face from groups who will stop at nothing in pursuit of their criminal activities. There is no disputing the damage they have inflicted upon communities throughout the country. Their willingness to resort to extreme violence and their flagrant disregard for communities is apparent. Supporting the efforts of An Garda Síochána to combat organised crime, and bring to justice those involved, remains a priority for me and the Government. This is reflected in the record allocation of more than €2.48 billion in budget 2025, which allows for sustained investment in recruitment, equipment, technology and vehicles within An Garda Síochána. An Garda is working intensively to bear down on the criminals involved and it has had a very good record in that regard. It deserves praise for its considerable successes in disrupting the activities of criminals, making significant seizures of drugs, cash and weapons and bringing criminals to justice. I draw attention to a joint task force operation in March that resulted in drugs worth £6.5 million being seized near Belfast and an operation carried out by An Garda Síochána in May that resulted in the seizure of €5.4 million worth of drugs in Meath. Deputies will also be aware of other significant cases in which individuals have been sent forward for trial in the Special Criminal Court in recent weeks...
MM-MO Crime and law > Organised crime
MM-MO Crime and law > Crime > Substance related crime > Crime associated with substance production and distribution
MM-MO Crime and law > Substance related offence > Drug offence > Illegal drug possession (seizures)
MM-MO Crime and law > Crime deterrence
MM-MO Crime and law > Substance use laws > Drug laws
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