Oireachtas approves renewal of provisions to combat terrorism and organised crime

The Minister for Justice has welcomed the vote by the Oireachtas to renew for another year the legislative provisions designed to combat terrorism and serious organised crime.

The Offences against the State (Amendment) Act 1998, made amendments to the Offences against the State Acts 1939-1985, the State’s main counter-terrorist legislation, as well as creating new offences.

The Criminal Justice (Amendment) Act, 2009 was enacted to put in place a number of legislative measures to tackle organised crime. Among those measures was section 8 which provides that certain organised crime offences are scheduled offences and accordingly shall be tried in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise.

Both Acts provide that certain provisions shall cease to be in operation unless a Resolution had been passed by each House of the Oireachtas resolving that those provisions should continue in operation.

The Dáil and Seanad have voted to renew for a further year the relevant provisions of both Acts until 29 June 2025.

During the Oireachtas debates the Minister outlined that despite the progress made towards building a lasting peace, the threat from dissident paramilitaries remains.

Minister for Justice Helen McEntee said:

The Minister also stressed the importance of remaining vigilant to the threat posed by violent extremism and international terrorism.

Acknowledging the work of Gardaí in relation to organised crime, Minister McEntee said:

In relation to the reports of the Independent Review Group published last year, the Minister indicated that her officials have engaged in detailed consultation on the recommendations of the Review Group, and that further work is required before bringing proposals to Government for approval.

The Minister also stated that, in considering any proposals for reform, her main priority is to ensure the efforts of the Gardaí in countering terrorism and organised crime and protecting communities are not undermined.

The Minister noted the transparency measures undertaken since the publication of the Review Group Report, as recommended. The publication of judgments of the Special Criminal Court will commence on the website of the Courts Service, while the Office of the Director of Public Prosecutions has indicated that more information will be made available on its decision-making in deciding which cases to bring to the Special Criminal Court.

The Minister will also consult stakeholders on measures to protect jurors where potential risks arise, as part of a consultation process on jury reform.

The Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the bombing at Omagh and contains a number of important anti-terrorism provisions including the offences of directing an unlawful organisation, training persons in the making and use of firearms and withholding of information. It provides for, amongst other things, inferences to be drawn from a failure to answer material questions and extensions of the period of detention in certain circumstances.

The Criminal Justice (Amendment) Act 2009 came into force on 23 July 2009. The primary purpose of the Act was to introduce additional measures targeted at combating organised crime.

The Act provides, inter alia, for the trial of certain offences in the Special Criminal Court. Section 8 of the Act provides that certain serious, organised crime offences under Part 7 of the Criminal Justice Act 2006 are scheduled offences for the purposes of Part V of the Offences against the State Act 1939.

In effect, this allows the Special Criminal Court to hear trials for the offences in question without prejudice to the power of the DPP to direct that a person not be sent forward for trial by that court.

The offences in question are directing a criminal organisation; participating in or contributing to the activities of a criminal organisation; committing an offence for a criminal organisation and such offences when committed by bodies corporate.

The Independent Review Group, chaired by Mr Justice Michael Peart, former Judge of the Court of Appeal, was established in February 2021. The Group was tasked with examining all aspects of the Offences against the State Acts, taking into account:

• the current threat posed by domestic/international terrorism and organised crime
• the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State
• Ireland’s obligations in relation to Constitutional and ECHR rights and international law

The Independent Review Group carried out a comprehensive review of the law in this area and the majority and minority reports of the Group were published in June 2023.

At the time, the Minister noted the majority’s assessment that there is, and will continue to be, an ongoing need for a special court, as permitted by the Constitution, to try a portion of the most serious criminal offences in certain limited and exceptional circumstances, and that the majority has also devised a suite of proposals in relation to how it might operate to ensure that the rights of accused persons are fully respected, and to support transparency and promote public confidence.

The Minister further noted that such an assessment requires serious consideration in the context of continuing to safeguard the security of the State and our citizens.