Sharp rise in use of anti-terror laws over past year

Offences under the Offences Against the State act are sent to the Special Criminal Court.

There was a sharp increase over the past year in the use of controversial anti-terrorism legislation which the Government will seek to continue at its annual renewal in the Oireachtas next week.

The provisions of the Offences Against the State Act 1998 were used 53 times in the last year to June 2023, compared to just seven times in the previous year.

The yearly report compiled on the operation of the 1998 act, which is an amendment to earlier Offences Against the State acts, said the Garda Commissioner believes the legislation “continues to be one of the most important tools” in the fight against terrorism.

Offences under the act are sent to the Special Criminal Court, which, along with the Offences Against the State acts, were the subject of detailed scrutiny by a Government review group.

A majority report of the review group, published this week, argued for a new and “improved” non-jury court, which would be a permanent court and not an “emergency” court subject to yearly renewal.

A minority report rejected these proposals. The Government said it was examining the reports, but that, in the meantime, it was “absolutely vital” the yearly renewal of the Offences Against the State acts and the Special Criminal Court be passed in the Oireachtas.

The report on the operation of the 1998 act, covering the period June 1, 2022, to May 31, 2023, said:

• The provisions were used 53 times in the last year (seven in 2022 and 34 in 2021); 
• Membership of an unlawful organisation (Section 2) — eight occasions (no cases in 2022 and six in 2021); 
• Possession of articles connected with certain offences (Sec 7) — 18 occasions (two in 2022 and seven in 2021);
• Withholding information (Sec 9) — four occasions (one in 2022 and nine in 2021);
• Scheduled offences (Sec 14) — 22 occasions (three in 2022 and 10 in 2021).

The report said dissident republicans “remain active”, carrying out fundraising and planning, and preparatory activities, to support attacks in Northern Ireland.

Threat level in the North

It said last March, UK authorities raised the threat level in the North from "substantial" to "severe".

“This is a cause for concern and demonstrates that the State cannot be complacent in this regard,” the report said.

The Government also published a report into the operation of the Criminal Justice Act 2009, which added organised crime offences to the scheduled offences list of the Offences Against the State Act 1939.

These offences are automatically sent to the Special Criminal Court unless the DPP decides otherwise.

The report said there were 110 arrests under the legislation in the year to June 2023, compared to 112 in 2022 and 104 in 2021.

Some 90 of last year’s arrests were for participating in a criminal organisation (Sec 71), compared to 86 in 2022 and 74 in 2021.

There were 18 arrests for committing an offence for a criminal organisation (Sec 73), compared to 18 in 2022 and 24 in 2021.

There were two arrests for directing a criminal organisation (Sec 71A), compared to eight in 2022 and six in 2021.