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Press release

Minister for Justice Jim O’Callaghan accepts proposals for reform of terrorist legislation

The Minister for Justice Jim O’Callaghan T.D. has informed Cabinet of his acceptance in principle of the recommendations of the majority report of the Independent Review of the Offences against the State Acts.

The Government also agreed to renew security-related legislative provisions while detailed proposals for reform are developed.

The recommendations of the majority report include the repeal of the Offences Against the State Acts and to re-enact select elements in replacement legislation. They also include the establishment of a new non-jury court to try serious criminal offences where the ordinary courts are inadequate to secure the effective administration of justice.

The Offences Against the State Acts are Ireland’s primary counter-terrorism legislation and provide the legislative basis for the non-jury Special Criminal Court. The Independent Review Group recommended the repeal of the Act in its 2023 Report and their replacement with a modern legislative framework.

Acceptance in principle of the recommendations follows consultation and a close examination of the reports from a policy, governance and legislative perspective.

Minister for Justice, Jim O’Callaghan said:

“The Offences against the State Act has served the State well and fulfils a vital role in our criminal justice system. However, an updated approach is now required to fit the modern security landscape. Accepting the recommendations of the majority report sets a clear direction for reform.

Given the importance of the Acts over many decades, proposals for reform must be thoroughly considered and approached with the utmost care. This is to ensure we do not do anything to undermine the efforts of the authorities with responsibility for countering terrorism and organised crime.”

Minister O’Callaghan emphasised the continued need for a non-jury court, as recognised by a majority of the Review Group and by government:

“Trial by jury is an important, though not unqualified, right under our Constitution. The Review Group proposal recognises that a non-jury court remains necessary to try serious criminal offences in certain exceptional cases where the ordinary courts are inadequate to secure the effective administration of justice ”.

The Minister also welcomed the Government’s agreement to renew relevant legislative provisions while detailed proposals for reform are developed.

The Offences against the State (Amendment) Act 1998 made amendments to the Offences against the State Acts 1939-1985, 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 Prosecution 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 provisions are due to cease on 29 June 2025 unless they are renewed.

It is necessary to renew these legislative provisions while proposals to replace the Offences against the State Acts are being developed. The Minister noted that he intends to bring the required resolutions to the Oireachtas in the coming weeks.

Minister for Justice Jim O’Callaghan concluded:

“It is the Government’s duty to ensure that those tasked with protecting us from this threat have at their disposal the appropriate measures to meet it.

“The provisions I am seeking to renew are necessary and required to support An Garda Síochána in investigating, disrupting and dismantling the activities of terrorists and criminal gangs.”

ENDS

Note for Editors:

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. The main recommendations of the majority report can be summarised as follows:

  • Repeal of the Offences Against the State Act, with select elements reflective of current and potential threats being re-enacted in replacement legislation.
  • Establishment of a new standing non-jury court to replace the Special Criminal Court to try serious criminal offences where the ordinary courts are inadequate.
  • Consideration be given to consolidation of all legislation dealing with terrorist offences.

The Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the Omagh bombing. It 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. 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. 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.