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.

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.

The two motions before the House seek the approval of Seanad Éireann to continue in force provisions in the Offences Against the State (Amendment) Act 1998 and the Criminal Justice (Amendment) Act 2009 aimed at combating terrorism and organised crime. Given the nature of these important provisions, the Houses of the Oireachtas has decided that they should be periodically reviewed. The Minister for Justice, Home Affairs, and Migration, is required to lay reports before the Oireachtas on the use of the relevant provisions in the two Acts, and reports covering the 12 months up to 31 May 2026 were placed in the Oireachtas Library on 19 June.

Senators will be aware that the Offences Against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing in August 1998. This was a necessary and proportionate response to an atrocious and barbaric act and the murder of 29 innocent people by the Real IRA. These provisions of the criminal law provide strong legislative powers to ensure that the Garda and the courts are in a position to meet the challenge laid down by those opponents of peace. Section 18 of the 1998 Act provides that sections 2 to 4, 6 to 12, 14 and 17 must be renewed by the Oireachtas at least annually if they are to remain in force. The report laid before this House includes information provided by the Garda Commissioner on the use of the provisions in question over the past 12 months and a table setting out usage figures for each of the years since the Act came into operation.

It is clear that so called dissident republicans, who have their origins in the Provisional IRA and INLA, continue to represent a threat. Despite the progress towards peace made over the years, they continue to seek to return to the fruitless violence of the past, as evidenced by two recent attempted attacks on police stations in Lurgan, County Armagh and Dunmurry, just outside Belfast. These groups have remained resolute in their opposition to democracy and rule of law and all that the Good Friday Agreement stands for, and they remain wedded to brutality and criminality. It is well established that they have links to and operate hand in hand with organised criminals.

There is no cause for complacency in countering the threat posed by these organisations. North-South co-operation in this area is crucial. Co-operation between gardaí and their counterparts in Northern Ireland is strong. Indeed, it is automatic when needed most. In recent years, the benefits of that co-operation have been apparent from successful joint operations between An Garda Síochána and the PSNI. The joint Cross Border Policing Strategy 2025-2027 provides a platform for An Garda Síochána and the PSNI to build on existing strategic and operational collaboration and strengthen policing capacity and capability.

I pay tribute to the gardaí and PSNI officers who continue to co-operate closely and work tirelessly together to keep their communities safe and to counter all threats from terrorism. It is our duty to ensure that those tasked with protecting us from this threat have at their disposal the appropriate measures to meet it. In that regard, I am firmly of the view that the provisions I am seeking renewal of today are necessary to support An Garda Síochána in investigating, disrupting and dismantling the activities of terrorists.

In addition to providing information on the use of the provisions in question over the past year, the report laid before this House notes the clear view of the Garda Commissioner that the Act continues to be an important tool in ongoing efforts to combat terrorism. While the 1998 Act was a response to a domestic threat arising from dissident republican terrorism, as an open democracy it is very important that we do not lose sight of the threat from violent extremism and international terrorism. There has generally been a deterioration in the international security landscape in recent times, in part due to the terrible wars in Ukraine and in the Middle East. Europol, in its most recent terrorism situation and trend report (2025), sets out the threat situation at EU level. The report confirms that terrorism, particularly jihadist and lone actor attacks, remains a key threat to the EU’s internal security.

Last year, the EU published its internal security strategy, ProtectEU. The strategy notes the changed security environment and evolving geopolitical landscape, where the links between the EU’s internal and external security require more action against the range of threats faced, including hybrid threats by hostile foreign states and state-sponsored actors, powerful organised crime networks, the ongoing threat faced from terrorism, technological advancements and more. Ireland is not immune from the threats arising in this changed security environment and must have the capability to deal with the threats arising. Building on ProtectEU, in February 2026 the EU published its agenda to prevent and counter terrorism and online extremism, which reinforces Europe's collective response to evolving terrorist and violent extremist threats.

The views of An Garda Síochána are clearly set out in the report, and they are that the continued operation of these provisions is required. In the meantime, as set out in the two reports laid before the House, it is the clear view of An Garda Síochána that the provisions of the 1998 and 2009 Acts continue to be necessary and effective in ongoing efforts in the fight against terrorism and serious organised crime. On the basis of the information set out in the reports and on the advice of the Garda authorities, I propose that the House should approve the continued operation of the relevant provisions of the 1998 and 2009 Acts for a further 12 months, commencing on 30 June 2026.

Cuirim fáilte roimh an Aire Stáit ar maidin. The Minister of State is very welcome back to the House to discuss this very important piece of business. As she outlined, the Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing in order to strengthen the State's response to terrorism. Certain provisions of that Act are, as the Minister of State outlined, subject to renewal annually. They will expire on 30 June next unless approved by this House and the Lower House. The Government considers that there remains a real and persistent threat from dissident republican groups, as well as from those involved in violent extremism and international terrorism. In light of these ongoing threats, it is necessary to maintain the availability of these powers.

In May of last year, the Minister informed Government colleagues that he accepts in principle the recommendations of the majority report of the independent review of the Offences against the State Acts. Given the importance of the Acts over many decades, any proposals for reform must be thoroughly considered and approached with the utmost care. The Minister has indicated that he will return to the Government with detailed proposals in due course. I certainly look forward to that.

In the meantime, the renewal of the relevant provisions ensures that essential counterterrorism measures remain will remain in place. Accordingly, the Government is seeking approval from this House for both measures to be continued. In layperson's language, any responsible Government that is getting information from the Garda that there remains a credible threat to the State would be irresponsible if it did not take that advice on board. For that reason, I am very happy to allow these measures to continue in force for a further period.

Before we move to our next speaker, I welcome to the Gallery some special guests from the Athlone Flower Club. They are looking blooming lovely if they do not mind me saying so. They are guests of the Minister of State, Deputy Kevin Boxer Moran. I hope they have a wonderful day here. They are looking smashing. It is a gorgeous day out there.

Ba mhaith liom fáilte a chur roimh an Aire Stáit, an Teachta Ardagh, chuig an Seanad chun páirt a ghlacadh i ndíospóireacht an lae inniu. Is riachtanach iad na hAchtanna um Chionta in aghaidh an Stáit a chosnaíonn an Stát ar bhagairtí sceimhlitheoireachta ó ghrúpaí paraimíleata, eagraíochtaí, agus daoine aonair le beagnach 90 bliain anuas. Ós rud é go bhfuil bagairtí sceimhlitheoireachta fós ann, ciallaionn sé go bhfuil forálacha na ngníomhartha a chosnaíonn an Stát agus ár ndaoine gach pioc chomh tábhachtach inniu is a bhí siad nuair a tugadh isteach ar dtús iad. Ba mhaith liom fáilte a chur roimh an ráiteas tosaigh ón Aire Stáit, an Teachta Ardagh, a leagann béim ar thábhacht leanúnach na bhforálacha sin.

The Offences Against the State Acts have been crucial pieces of legislation protecting the State against threats of terrorism from paramilitary groups and other organisations and individuals for almost 90 years. The fact that terrorist threats continue to exist today means that the provisions of the Acts, which protect our State and our people, remain every bit as relevant today as they were when initially introduced. I welcome the detailed opening statement by the Minister of State, Deputy Ardagh, which emphasises the continued importance of these provisions. Almost 30 years after the signing of the Good Friday Agreement, it is considered that there remains a real and persistent threat from terrorist activity, as articulated by Senator Gallagher in his comments. This is in line with recent independent reviews carried out in 2023 and 2025, the latter of which stated that coercive control and threats linked to paramilitary groups "persist and remain a real concern".

We will forever be indebted to those who worked so hard and courageously to bring the violent and bitter conflict in the North to an end, and to bring the people of violence to the negotiating table and the path to peace. However, we cannot take peace for granted. We must look to build a better, brighter and more inclusive future for all, regardless of what flag we fly or what anthem we sing. In doing so, we cannot take the peace that has been achieved for granted. We must protect it and do everything in our power to counteract the threats that continue to exist. This is exactly what we are doing by reviewing and renewing the provisions of the Offences against the State Act, sending a message to paramilitary groups that they have no place in our democracy or in the brighter future we are looking to build for our children and generations to come.

As the Minister of State, Deputy Ardagh, has outlined, we also need to be vigilant and wary of modern threats of violence, extremism and terrorism at an international level. We must continue to co-operate and work with our EU and international partners to counter the possibilities of chemical, biological, nuclear or cyberattacks and threats to our energy security. In this regard, I welcome the Minister of State’s comments on evolving international terrorism threats and extremism. On behalf of the Fine Gael group, I am very happy to support the motions.

I move amendment No. 1:

To delete all words after "Seanad Éireann" and substitute the following:

“:

- 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; and

- calls on the Minister for Justice to bring forward legislation to give effect to the recommendations of the Independent Review Group without further delay.”.

I second the amendment.

Sinn Féin welcomes the fact that the Government has finally come round to Sinn Féin's position that the offences against the State legislation should be overhauled. It is disappointing that three years after the publication of the review of the Offences Against the State Acts, the Government is once again renewing the existing provisions because it has been so slow in bringing forward new legislation to provide for the recommendations of that review.

The independent review group, chaired by Mr. Justice Michael Peart, in its report published in 2023 recommended that the Offences Against the State Acts be abolished in their entirety, with a majority recommending that a new non-jury court replace the Special Criminal Court to try serious criminal offences for which a threshold is reached. Sinn Féin has called for the proposals of this report to be implemented and for legislation to be brought forward without further delay. Given the fact that the Government and the Minister continue to drag their feet on this issue, Sinn Féin will be bringing forward legislation in the Dáil to require the Government to act and to provide the Dáil with progress reports.

Sinn Féin has argued that the legislation should stipulate that the courts, rather than the DPP, be provided with the power to decide on whether a non-jury trial should take place, as in the majority report. The legislation should also include a higher bar than recommended in the majority report for a non-jury trial. The legislation should include the requirement of evidence of a real and present danger that jury tampering would take place.

There is now widespread consensus that the laws drafted in the 1930s need to be updated. We need to ensure that An Garda Síochána and the courts have the resources and powers necessary to tackle organised crime and keep communities safe. The potential for jury intimidation remains the argument for non-jury courts, yet little has been done to protect jurors. The Law Reform Commission recommended in 2013 that the right of inspection of the jury panel, which may facilitate persons who wish to contact or identify jurors, should be restricted. It recommended the abolition of the daily roll-call of serving jurors in open court and the creation of a single offence of jury tampering. In Sinn Féin's submission to the independent review, we called for the recommendations of the Law Reform Commission in relation to the protection of jurors to be implemented, and for the practices of other jurisdictions to be thoroughly examined with a view to adopting best practice in line with international standards to protect jurors. The independent review group to examine the Offences Against the State Acts has called for this to be done and there is no reason whatsoever for further delay in doing so.

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.

As there are no other speakers, I call the Minister of State to conclude the debate.

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.

Before I put the motion to the House, I wish to welcome guests of Senator Keogan. Elle Villa Tan is the Senator's foster daughter. She is studying in Trinity College Dublin and the Senator is very proud of her. Lara Gallagher is a student in UCD. Josh Oyiki is a student in Trinity College Dublin, and Natasha Rowan-Button is a student in Technological University Dublin. They are all very welcome and I hope they enjoy their visit to Leinster House.

And no homework.

I move:

That Seanad Éireann resolves that section 8 of the Criminal Justice (Amendment) Act 2009 (No. 32 of 2009) shall continue in operation for the period beginning on 30th June, 2026 and ending on 29th June, 2027.”