Terror laws may be used for arson attacks on properties linked to asylum-seekers

31/12/23

Garda HQ has discussed using terrorism legislation for arson attacks on accommodation linked to asylum-seekers where there is evidence they are motivated by extremist ideology, the Irish Examiner understands.

The Garda Special Detective Unit — which investigates terrorist offences — is linking in with the various arson investigations ongoing throughout the country.

This is to keep an overview of the investigations, including whether a particular person, or people, are popping up in separate investigations. It is understood this has not happened so far.

Crimes such as criminal damage, including arson, can be prosecuted as terrorism-related offences under the Criminal Justice (Terrorism Offences) Act 2005.

Separately, senior gardaí have warned that anyone charged with arson faces “very serious consequences”, with no limit to sentences that a court can hand down.

Gardaí are increasingly concerned at the rise in arson attacks on accommodation linked, accurately or inaccurately, to asylum-seekers, with
the latest one on Sunday morning in Dublin’s south-east.

But investigators have stressed they have not seen any “coordinating figures” behind the attacks, a conviction repeated by Garda Commissioner Drew Harris last month, when he said there was no evidence of a “guiding hand” behind them.

Senior gardaí assess these incidents as “copycat” attacks, where a local or locals see from arson attacks on centres in other parts of the country that they are the best way to stop them.

Imprisonment for life

Under the Criminal Damage Act 1991, anyone convicted of arson in the higher courts faces possible “imprisonment for life” — with the actual length determined by the facts of the case.

Protestors claimed the former pub was going to house asylum-seekers despite being told it was to accommodate homeless families. Picture: Leah Farrell/© RollingNews.ie

Amid concerns at an apparent lack of prosecutions for these attacks, the commissioner said offences of criminal damage are being pursued, albeit they are "small" in number.

Gardaí launched a criminal investigation on Monday following an arson attack on a property protestors had recently claimed was going to house asylum-seekers.

Local residents were told over a week ago this was not the case and that it would be accommodating homeless families, a matter repeated by authorities since.

Gardaí have begun gathering CCTV footage around the premises, a former pub known as Sally’s Bar, on Thorncastle Street, Ringsend,
for signs of suspicious activity over recent days.

The fire was reported to the emergency services at about 2am on Sunday. It took six fire engines from Dublin Fire Brigade some three hours to bring the blaze under control.

A relatively new extension at the rear of the property was almost completely destroyed and the older front part seriously damaged.

Investigators say arson “can be difficult” to solve and are dependent on CCTV footage or witnesses, or perhaps, forensic evidence at or near the scene.

Local gardaí will also start examining social media accounts of likely suspects or sympathisers, assisted, if necessary, by national units.