246 held under powers to tackle terror

Almost 250 suspected dissident republicans and 25 gang members were arrested within the last year under emergency anti-terror and organised crime laws.

The figures were provided by Justice Minister Frances Fitzgerald as she sought Oireachtas approval to renew the emergency powers, which must be done annually.

Amendments to the Offences Against the State Act 1939 were introduced in the wake of the Omagh bombing in August 1998. The Real IRA outrage resulted in the death of 29 civilians, including a woman pregnant with twins, as well as six children and six teenagers.

The Criminal Justice (Amendment) Act 2009 — scheduling offences of directing, or participating in, a criminal gang — was brought in following threats to the operation of the justice system by organised crime, including the intimidation of witnesses and jurors.

A report compiled for Ms Fitzgerald said that, for the period June 2014 to end of May 2015, 246 suspected dissidents were arrested under the Offences Against the State Act legislation.

The report said 17 convictions have been secured in the non-jury Special Criminal Court in that period and a further 49 people were awaiting trial.

So far this year, 42 people have been arrested for membership of an unlawful organisation where inferences were drawn from their failure to answer material questions.

There were 19 cases where extensions to detention periods were sought and 18 cases where rearrest warrants were obtained. There were 10 arrests for withholding information and 21 for possession of an article.

There was also one arrest this year for directing terrorism — only the third time such an arrest has been made.

Ms Fitzgerald told the Seanad yesterday that the emergency terror legislation was needed to combat both dissident republican groups and international terrorism.

She said the Garda assessment, shared by the PSNI, was that the terrorist threat level in the North was “regarded as severe”.

“While the direct threat level in this jurisdiction may be different, it is imperative that our laws and our police are properly equipped to deal with the threat, whether in this jurisdiction or Northern Ireland; and let no one be under any illusion that these groups do not represent a threat to this State as well as to Northern Ireland,” said Ms Fitzgerald.

She said the provisions were also crucial against global terrorism: “As seen with events in Paris and Belgium and the continuing conflict in Syria, we cannot ignore the growth in recent years of the international terrorist threat.”

In her report to the minister, Garda Commissioner Nóirín O’Sullivan said it was “essential” that the legislation was renewed and said the powers were used “regularly”. Figures show there were 199 arrests under the act in 2013, 253 in 2011, and 423 in 2009.

The Criminal Justice Act 2009 made certain offences in 2006 legislation scheduled offences, diverting prosecutions automatically to the Special Criminal Court, unless the Director of Prosecutions deemed otherwise.

The main offences relate to participating in, or contributing to, certain activities of a criminal organisation and directing the activities of a criminal organisation.

Figures show that 25 people were arrested within the last year on suspicion of participation. Some 259 arrests have been made in the last six years, but no charges have so far been brought to the Special Criminal Court.

“Given the nature of organised crime, the investigation and prosecution process can be lengthy and difficult,” said Ms Fitzgerald. “This is particularly so given the level of intimidation carried out by criminal gangs.”

Ms Fitzgerald said that, in the commissioner’s report to her, she was “of the clear view that the requirement of this provision remains”.

The Seanad passed both motions yesterday and the powers were renewed.