A Bill to incorporate into Irish law various international measures against terrorism in the wake of September 11th 2001 was published yesterday.
The Criminal Justice (Terrorist Offences) Bill will extend the remit of the Offences Against the State Act to a range of activities and organisations active outside as well as inside the State.
It defines as terrorism activity aimed at intimidating a population or unduly compelling a government or international organisation to change course. It also covers seriously destablising or destroying the fundamental political, economic or social structures of a state or an international organisation.
It makes it an offence to engage in, promote or advocate the commission of terrorist activity in or outside the State. Organisations doing so will be unlawful organisations and fall under the Offences Against the State Act. Membership, providing assistance to or directing such an unlawful organisation will be an offence.
The Bill also creates the new offences of hostage-taking, terrorist bombing, offences against internationally protected persons (like diplomats) and financing terrorism. It covers offences committed on board an Irish ship or aircraft registered in the State. It also allows for the seizure of funds which may be used for the furtherance of terrorist acts.
Commenting on the Bill, the Minister for Justice, Mr McDowell, said it would strengthen our law for dealing with international terrorism in the light of September 11th, and would allow Ireland meet a number of commitments it made as part of the international community's response to these events.
The international measures referred to are the EU's Framework Decision on Combating Terrorism, which was adopted earlier this year, and a number of UN conventions dealing with the suppression of terrorist bombings, of financing terrorism, against taking hostages and preventing crimes against internationally protected persons.
Mr Gay Mitchell, chairman of the Dáil Committee on European Affairs, said that Fine Gael would be taking the advice of senior counsel before commenting on the Bill. "The Framework Directive gave headings, and that directive did not go through this committee process in the Dáil. We need to scrutinise this in detail," he said.
Mr Joe Costello, the Labour Party spokesman on justice, said that, as this was legislating for a number of international conventions, the party would not oppose it. "The Minister should show the same alacrity in introducing human rights law like incorporating the European Convention on Human Rights, which we still have not done after 50 years," he said.
Ms Aisling Reidy, director of the Irish Council for Civil Liberties, said that when the Framework Directive was adopted there were considerable concerns that its terms encompassed legitimate protest like anti-globalisation activities. An undertaking was given at the time by the Commission that it would not be used in such a context, but this legislation did not reflect that undertaking.