Acting Chairperson (Senator Alison Comyn): I welcome the Minister of State. The two motions will be debated together but decided separately. I call on the Acting Leader to move the first motion.

Senator Robbie Gallagher: I move:

That Seanad 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, 2026 and ending on 29th June, 2027....

Senator Chris Andrews: ...Communities across the State are facing serious challenges relating to crime and antisocial behaviour, particularly in Dublin and its inner city. There are far too few gardaí to adequately police communities and, in particular, there is a lack of community gardaí and roads policing gardaí. The lack of community gardaí and the failure to divert young people from crime are real problems that must be dealt with. Those failures have allowed young people to become vulnerable to being preyed upon by those involved in organised crime from a young age. It is young people in communities failed by the Government and experiencing deprivation who are most vulnerable to being targeted by these criminal gangs, including as drug runners for drug traffickers. We need enough gardaí to police our streets, but we also need to see investment in communities in diversion and youth facilities, as well as tackling wealth inequality and poverty.

Acting Chairperson (Senator Alison Comyn): As there are no other speakers, I call the Minister of State to conclude the debate.

Minister of State at the Department of Justice, Home Affairs and Migration (Deputy Catherine Ardagh): I thank all Senators who contributed today. I am grateful for their contributions, particularly those who spoke in favour, and there was also important discourse from those who did not.

Every Senator in this House knows the appalling damage caused by organised crime, as outlined by Senator Andrews and others, particularly the damage caused by the drugs trade to individual families and communities. As a public representative, and now as Minister of State at the Department of justice, I have seen first hand the impact that organised crime can have on families and communities. Too often, it is ordinary people who bear the consequences - parents worried about their children, victims living with intimidation and communities striving to provide better opportunities for young people. Those people expect us to ensure that our criminal justice system has the tools necessary to tackle serious criminality and protect the public. The motion before the House today very much does that.

I will refer to some of the issues raised by my colleagues, particularly in relation to the review of the independent report. This was outlined by Senators Gallagher, Kelleher and Andrews. As noted earlier, the Minister has accepted in principle the recommendations of the majority report and the proposals are being developed on that basis. The majority put forward a package of proposals on a modern legal framework to replace the Offences Against the State Acts and provide a new, stricter system overall with more checks and balances. They also recognise the need for such legislation to be subject to regular and meaningful independent oversight.

The threats that the State faces today from paramilitaries have reduced and altered while, as Senator Kelleher said, other threats have increased. These changes should prompt a change of policy while also recognising that replacement legislation must maintain the legislative basis for an effective State capacity to deal with terrorism and organised crime on an ongoing basis, as well as being compliant with human rights and the rule of law.

I agree with the report of the majority that any deviation from jury trial for indictable offences must be exceptional and based on the constitutional tests as set out in Article 38.3, and must have appropriate legislative safeguards in accordance with the Constitution.

Senator Andrews raised the issue of the protection of jurors and I note the recommendations in the report in relation this. This was also raised in the minority report in relation to examining what measures, short of non-jury trial, can be taken to protect jurors. As I noted, the Department is currently undertaking a review of jury service. The review is informed by recent research on the topic, the Law Reform Commission's report on jury service and the legislative and policy developments in related areas over the past number of years. These include amendments to the Juries Act contained in the assisted decision-making capacity legislation, work by the Courts Service to centralise the jury summons process and the roll-out of an online platform to allow people to practically respond to jury summonses, which can be quite stressful for people who are not used to receiving such summonses.

In relation to organised crime, the Department spent a record amount on budgetary measures. Over €2.74 billion was allocated in budget 2026 to An Garda Síochána and this enabled the Garda Commissioner to assign extra resources to specialist units involved in tackling organised crime. These include the Garda National Drugs and Organised Crime Bureau, the Garda National Bureau of Criminal Investigation and the armed support unit, as well as more resources for the Criminal Assets Bureau.

An Garda Síochána continues to implement an enhanced national anti-drugs strategy through Operation Tara. The focus of this operation is to disrupt, dismantle and prosecute drug trafficking networks at all levels: international, national and local. It extends to anyone involved in the importation, distribution, cultivation, production or local sale and supply of controlled drugs.

In relation to the issue of community safety, which was raised by Senator Andrews and other Members, the Government is committed to building stronger and safer communities, and strengthening An Garda Síochána is at the very core of this. However, community safety requires a broader approach. In April 2025, the Minister, Deputy O'Callaghan, approved the establishment of 36 local community safety partnerships within each local authority area. They will now make their own decisions as to their day-to-day activities operating in accordance with the statutory regulations and having regard to guidance from the National Office for Community Safety. Queries related to their work should be directed to the relevant partnership office.

Retaining these measures in respect of the most serious crimes associated with terrorism and organised crime ensures that justice can be served and is free any attempts to thwart the criminal justice process. At its heart, this debate is about protecting the public, supporting the rule of law and ensuring that those who seek to undermine our democracy and our communities are met with a firm and effective response from the State. I commend the motions to the House.

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Dail Éireann debate. Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions. 23 June 2026 

Minister of State at the Department of Justice, Home Affairs and Migration (Deputy Catherine Ardagh): 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, 2026 and ending on 29th June, 2027......

Supporting the efforts of An Garda Síochána to combat organised crime and to bring to justice those involved remains a priority for the Government. This is reflected in the record allocation of over €2.59 billion in budget 2026, which allows for sustained investment in recruitment, equipment, technology and vehicles. An Garda Síochána is working intensively to bear down on the criminals involved and deserves praise for its considerable successes in disrupting their activities, in making significant seizures of drugs, cash, and weapons, in bringing criminals to justice, and, most importantly, in preventing further loss of life.

I draw attention to a joint task force operation in April between An Garda Síochána and the PSNI, resulting in €5.2 million of drugs seized in Larne Harbour, and a joint An Garda Síochána operation with Revenue which seized €10.5 million in cocaine at Rosslare Harbour in October 2025. Deputies will also be aware of significant cases in which individuals have been convicted and sentenced in the Special Criminal Court in recent weeks. I acknowledge this important work and the brave gardaí who persevere with it, day in, day out.

The report that the Minister for Justice, Home Affairs and Migration, has laid before the House in accordance with section 8 covers the period from 1 June 2025 to 31 May 2026. It includes information provided by the Garda Commissioner on the use over the past 12 months of the provisions in question and details the relevant offences. It is clear from the report that An Garda Síochána made a significant number of arrests in respect of the offences relevant to section 8 of the Criminal Justice (Amendment) Act 2009, with 33 charges laid before the courts. One of these was laid before the Special Criminal Court and three convictions were recorded during the reporting period. The view of An Garda Síochána is clearly set out in the report and it is that the continued operation of this provision is required. It is my strong view, and the strong view of the Minister, that section 8 should be continued in operation for a further 12 months.....

Deputy Alan Kelly: As this is my first engagement with the Minister of State, I wish her the best of luck in her new role.

We will be supporting Deputy Carthy's motion again this year. It is just a few weeks since we debated the Bill to allow the State to support and participate in the work of the Omagh Bombing Inquiry. As we debate these motions again this year, it is vital to remember why we have these annual reauthorisations. We remember the victims of the Omagh atrocity and we think of their families, their friends and all those who suffered through the violence of the Troubles. We all know too well the impact of the sale of illegal drugs and the violence that creates and brings to so many communities around Ireland. As the State closes in on individuals hiding away in the Middle East, an issue I raised here in the Dáil fairly directly with then Taoiseach Leo Varadkar on 11 June 2020, this legal framework while outdated and flawed in places provides vital tools to take on organised international crime....

[See full debate on the Oireachtas website]