Minister of State for Justice Brian Lenihan warned against threats from paramilitaries when he introduced a resolution renewing measures contained in the Offences against the State Act.
He said although the efforts of paramilitary organisations to wreak death, destruction and destabilisation had often been thwarted, they could not allow the success of the two police forces to lull them into a false sense of security.
"Given half a chance, both the Real IRA and the Continuity IRA would gladly bequeath to us any number of terrorist atrocities."
Mr Lenihan said while the Offences against the State (Amendment) Act 1998 was only one element of the response to this threat, to do away with it now would weaken, in an irresponsible manner, the State's bulwark against terror.
He recalled that the legislation was enacted after the Omagh bombing of August 1998, which claimed the lives of 29 people.
The provisions, he said, included drawing "adverse inferences" in the prosecution of a person for any offence under the Act.
The effect of this was to allow a court to draw inferences where the accused relied on a fact in his defence that he could reasonably have been expected to mention during questioning or on being charged but did not do so. However, a person could not be convicted of the offence solely on an inference drawn from such a failure.
Another section, Mr Lenihan said, extended the maximum period of detention from 48 hours to 72, but only on the authorisation of a District Court judge.
Gerard Murphy (FG, Cork North West) said the unwillingness of subversive organisations to recognise the democratic wishes of the overwhelming majority of people on the island had resulted in many laws intended to cater temporarily for an emergency becoming part and parcel of the State's corpus of legislation.
"Many emergency laws, including those covered by the resolution, are still necessary."
Labour justice spokesman Joe Costello said there were concerns about emergency legislation becoming permanent.
He had argued for an earlier production of the report on the previous year's implementation of the legislation.
Ciarán Cuffe (Greens, Dún Laoghaire) said he was not convinced, when confidence in gardaí was at a relatively low ebb, that they should continue to give them enhanced powers. "I oppose the proposal to renew the legislation at this point. Seven years have passed and it is time to move forward by dropping this draconian legislation."
Caoimhghín Ó Caoláin (SF, Cavan-Monaghan) said the political establishment was still in denial about the fact that more than 60 years of emergency law had only helped perpetuate conflict. "It is a contributory factor. Equally, seven years of the 1998 amendment Act powers have not stopped dissident republicans."
Finian McGrath (Independent, Dublin North Central) said it was a sad day for democracy when there were people who wanted to introduce draconian legislation. "That is illogical and does not make sense. It is a disgrace."
The resolution was passed by 74 votes to 15.
