Check Against Delivery

6 May 2015

Minister for Justice and Equality, Frances Fitzgerald, TD

A Cheann Comhairle,

 

I am very pleased to have this opportunity to introduce the Criminal Justice (Terrorist Offences) (Amendment) Bill 2014 to this House. The Bill was initiated in the Seanad and completed its passage through that House on 5 November last. I am glad to say that it received general, cross-party support there. There is no doubt that it is a very significant and timely piece of legislation, particularly in view of the deplorable terrorist acts we have witnessed in Europe and beyond in recent times.

 

The Bill creates three new offences in relation to terrorist activity and builds on an existing body of Irish legislation on counter-terrorism. The Bill focuses on preparatory terrorist activities. The three new offences are:

 

1. Public provocation to commit a terrorist offence;

2. Recruitment for terrorism; and

3. Training for terrorism.

 

These new offences are particularly relevant to the nature of the current threat posed to Europe by international terrorism. There are many who, while playing no part in actual acts of terrorism, encourage others to do so. It is important to ensure that Ireland is not seen as a haven for such activities and that we have strong laws in place to deal with this threat.

 

This Bill shows the Government’s commitment to combat terrorism, in all its forms. The scourge of terrorism is unfortunately more evident in the world than ever and I am sure that Deputies will appreciate the importance of tackling it at source so as to be able to deal, when necessary, with incitement, recruitment and training for terrorist activities.

 

From a broader legal standpoint the Bill has two main objectives. Firstly, to amend the Criminal Justice (Terrorist Offences) (Amendment) Act 2005 in order to give effect to Council Framework Decision 2008/919/JHA which amended Council Framework Decision 2002/475/JHA on combating terrorism. The Framework Decision is covered by the Lisbon Treaty and is required to be transposed into Irish law. Secondly, the Bill will facilitate ratification of the Council of Europe Convention on the Prevention of Terrorism which has already been signed by Ireland. Both the amending Framework Decision and the Council of Europe Convention cover the three new offences in relation to terrorist activity which are prescribed in this Bill.

 

The Council of Europe is currently working on an Additional Protocol to the Prevention of Terrorism Convention, which aims to focus on dealing with the “foreign terrorist fighters” phenomenon. The Protocol will encompass key measures identified in UN Security Council Resolution 2178, adopted last September, in relation to foreign terrorist fighters. The Resolution places considerable emphasis on criminalising and facilitating the prosecution of recruitment and training for terrorism. The Protocol being developed by the Council of Europe will have regard to the UN Resolution with a view to ensuring a coordinated approach between the two international organisations. The need for any additional measures in this jurisdiction, legislative or otherwise, will be kept under review in light of developments internationally. Terrorism is a global phenomenon and the need for international coordination and cooperation in combating it is paramount.

 

Terrorism is a constant threat to the fundamental values of freedom, democracy and the rule of law. There is considerable concern across Europe and elsewhere at the phenomenon of individuals travelling to conflict areas in the Middle East and the potential threat they may present on their return from conflict areas. The recent horrific events in France, Belgium and Denmark have illustrated the serious threat posed by violent extremists in a European context.

 

The number of European foreign fighters is currently estimated to be in the region of 3,500 – 4,000 and the current focus of attention is on the conflict zones in Syria and Iraq. The compilation of accurate statistics in relation to the numbers of actual foreign fighters is problematic due to the secretive nature of those travelling and the many and circuitous routes some individuals take in reaching their destination of choice. The rise and popularity of the Islamic State, or ISIS, has greatly exacerbated the threat posed. It is estimated that 80% of European foreign fighters are aligned with ISIS. The events in France, Belgium and Denmark demonstrate the vulnerability of states to attack and highlight the challenges faced in countering terrorist attacks, even with sophisticated security and intelligence infrastructures.

 

These terrorist attacks have moved counter-terrorism and the security of the EU and its Member States to the top of the EU agenda. The importance of having a coherent, coordinated approach internationally is essential. The terrorist threat is multidimensional and it is necessary to adopt a multi-faceted approach in dealing with it. There are different aspects to terrorism and the foreign fighters issue - from people engaging in preparatory activities such as recruitment and training - to actually carrying out terrorist activities or engaging in foreign fighting - to returning to their countries of origin in a radicalised state and encouraging others into extremist actions. In order to break this cycle of terrorism it is important to deal with each of its component elements.

 

Strong, harmonised counter-terrorism legislation is one component. This Bill, which implements a shared EU legal instrument, is an example of this. Prevention is another element. On-line radicalisation requires to be dealt with, in cooperation with internet service providers. Those who would seek to destroy our democratic societies have not been slow to exploit the opportunities that modern means of communications offer. The role the Internet plays in radicalising people has long been recognised. There is, unfortunately, no shortage of radical content online. While the Internet and social media platforms have revolutionised communications for the good, we must also be conscious of the opportunities they offer to those with a malign intent. The online images are often graphic and horrific and the messages that are conveyed often present distorted versions of the truth, not least in terms of how the Islamic faith is portrayed.

 

The use of counter-narrative has a key part to play in dealing with this, through the involvement of credible sources and voices in communities most at risk, in order to counter the extremist message. It is very important to promote the positive message at the expense of the negative. In an Irish context, the Islamic Community has made particular efforts at conveying the message of Islam as being one of tolerance and enlightenment. This is obviously to be welcomed. A counter narrative has been developed by the Islamic Educational and Cultural Centre. It not only disputes the extremist version of Islamic teaching but seeks to dissuade potential recruits from travelling to Syria. It is to the great credit of the Islamic Community in Ireland that they have adopted this positive, proactive approach.

 

Experience indicates that a combination of community relations-type approaches along with traditional security techniques offers the most effective means of minimising the terrorist threat. The Garda Síochána operates a progressive community relations programme through its Racial, Inter-Cultural and Diversity Office. That Office is in regular contact with our minority communities through its network of Ethnic Liaison Officers and is there to discuss all matters of concern to these communities, including those related to the conflict in the Middle East. The Office has received favourable comment on its operation from the UN Counter Terrorism Committee. The work of this Office is very important in breaking down any perceived cultural barriers between the State and its minority communities. It is often these barriers which cause a sense of marginalisation which the extremists are keen to prey upon. It could be said that the Garda approach to this issue is a form of counter-narrative in itself.

 

Disrupting the travel of those seeking to engage in, or returning from, foreign fighting is another aspect requiring attention. Strengthening the security of our national and international borders is a key element in protecting our citizens from terrorist threats, particularly from radicalised individuals. This has been strongly emphasised by the UN Security Council. The tracking and early identification of terrorists will greatly assist in protecting our borders. Ireland has expressed its full support for an EU Directive on Passenger Name Records, known as the PNR Directive . This will provide for the transmission of data by airlines to police and security authorities in respect of all flights in and out of the EU for the purposes of combating terrorism and serious crime.

 

The importance of this proposal has been stressed by a number of Member States, including Ireland, in the wake of the terrorist attacks in France and arrests in Belgium. It is clear that Passenger Name Records data can be a tool of great value to police and security services in combating serious crime and terrorism. Such data is currently shared by EU Member States, including Ireland, with Australia, Canada and the United States. It would seem entirely logical therefore that EU Member States should share this information among themselves within an EU framework. Under the proposed PNR Directive, air carriers will be required to send the Passenger Name Records data in their reservation systems to the competent authorities of the Member State into which or from which it operates flights. This is data about passengers and their travel plans which the air carriers already collect and hold. Member States will share data with other Member States, where such sharing is necessary for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. In addition, Member States will have the right to request data from another Member State in support of a specific investigation. I would emphasise that the proposed Directive contains clear safeguards for data protection and data security and will require Member States to put in place specific measures in this regard. The European Parliament is currently considering the proposals and I hope that it will be progressed in the near future.

 

It has been recognised by the EU Council of Justice Ministers that another area requiring priority action is trafficking in firearms. Fighting illicit firearms trafficking is one of the EU’s crime priorities for the period 2014-2017 which were agreed under Ireland’s Presidency of the EU. Preventive measures must be taken to make it more difficult for firearms to get into the hands of terrorists. The trading of firearms over the Internet needs to be adequately addressed and the traceability of firearms needs to be improved. Also, the rules across Europe for the de-activation of firearms vary greatly which means that in some Member States it is far easier than in others to re-activate de-activated weapons. It will be important, therefore, to aim at establishing high minimum standards in this regard across the EU.

 

Engagement with Third Party States, most notably Turkey, which is the main gateway into the combat areas of Iraq and Syria, is also recognised at EU level as being of great importance. The EU has been active in persuading Turkey to engage on this front.

 

While the threat to Ireland from international terrorism is generally considered to be low, the Garda Síochána keeps the level of threat under continuous review in light of ongoing developments and continues to take all appropriate measures to counteract this threat. In this they have the full support of the Government which is determined that all practical steps are taken to deal with any threat. Assessment of the threat level is based on a range of factors including current intelligence, recent events, and what is known about terrorist intentions and capabilities.

 

Returning to the subject of legislation, the Offences Against the State Acts and the Criminal Justice (Terrorist Offences) Act 2005, the latter which this Bill updates, contain offence provisions which cover a broad range of terrorist activities and terrorist-related activities. The 2005 Act incriminates terrorist offences as a separate category of crime and contains lists of offences which, with the requisite intent, would constitute terrorist offences. Penalties for such offences are severe and, if sufficiently serious, include life imprisonment.

 

The financing of terrorism is already an offence under the Criminal Justice (Terrorist Offences) Act 2005. It is an offence for a person, either directly or indirectly, to collect or receive or provide funds knowing or intending that they be used for terrorism. The penalty, where a person is convicted of such an offence, is imprisonment for up to 20 years and/or an unlimited fine.

 

The legislation before us will enable Ireland to further fulfil our international commitments in the area of counter-terrorism and to stand united with our European colleagues, and indeed democratic nations across the globe, in combating terrorist crimes and protecting innocent citizens everywhere. Those who would threaten the lives of ordinary people by engaging in acts of terrorism, whether on this island or elsewhere, must be brought to justice and know that the international community will not tolerate their activity and will take all possible action to prevent and punish it.

 

I would now like to focus and elaborate on the three main elements of the Bill – the three new offences that it creates.

 

Firstly, the Bill provides that the offence of “public provocation to commit a terrorist offence” is committed when a person distributes or otherwise makes available by whatever means of communication, a message to the public, with the intention of encouraging, directly or indirectly, the commission of a terrorist activity. A person who is convicted of the offence is liable on summary conviction to a class A fine - that is, up to €5,000 - or imprisonment for up to 1 year, or both; and on conviction on indictment to a fine or imprisonment for up to 10 years, or both.

 

Secondly, a person is guilty of the offence of “recruitment for terrorism” if they recruit or attempt to recruit another person to engage in terrorist activity or other offences contained in section 6 of the Offences Against the State Act 1998, section 21 or 21A of the Offences Against the State Act 1939, or section 3 of the Criminal Law Act 1976. A person convicted of this offence is liable on conviction on indictment to a fine or imprisonment for up to 10 years, or both.

 

Finally, the offence of “training for terrorism” is committed where a person provides instruction or training in the skills of making or using firearms or explosives, nuclear material, biological, chemical or prohibited weapons or other such weapons or noxious or hazardous substances, as the Minister may prescribe, knowing that the skills provided are intended to be used for the purpose of terrorist activity. The offence also covers training in techniques or methods for use in terrorist activity. A person convicted of this offence is liable on conviction on indictment to a fine or imprisonment for up to 10 years, or both.

 

I now propose to outline, in a little more detail, the contents of the Bill before us, which contains 12 sections and two schedules which append the aforementioned amending Council Framework Decision and Council of Europe Convention.

 

Section 1 simply clarifies that references to the Principal Act relate to the Criminal Justice (Terrorist Offences) Act 2005 which is being amended here.

 

Section 2 is a standard provision allowing for the making of Ministerial regulations. It amends the 2005 Act by inserting a new section 3A into that Act. The power to make regulations is required, for example, in order that the Minister may, if deemed necessary, introduce regulations adding to the list of weapons and techniques or methods covered by the training offence in section 6.

 

Section 3 amends section 4 of the 2005 Act by:

 

(a) substituting the definition of “Framework Decision” in the Principal Act with a new definition that includes reference to the 2008 Framework Decision. For ease of reference, the text of both Framework Decisions will be appended to the Act;

(b) substituting the definition of “terrorist-linked activity” with a new definition that includes the three new offences being covered by the Bill;

(c) inserting definitions of the “Prevention of Terrorism Convention” and the three new offences;

(d) designating section 4 of the Act as it stands as subsection (1) of section 4;

(e) adding two new subsections, (2) and (3). Subsection (2) provides that a terrorist-linked activity may be committed wholly or partially by electronic means, such as over the Internet. This provision was specifically made following consultation with the Office of the Director of Public Prosecutions and reflects the use, or perhaps more accurately, misuse, of modern technology in the context of terrorist activity. Subsection (3) provides that a terrorist-linked activity may occur even if an offence of terrorist activity under section 6(1)(a) of the Principal Act has not actually been committed. This provision is in line with the amending Framework Decision and the Council of Europe Convention and is necessary in order to ensure that a person can be prosecuted for any of the three new offences where no terrorist activity actually took place on foot of provocation, recruitment or training.

 

Section 4 creates the new offence of “public provocation to commit a terrorist offence” which I described earlier.

 

Section 5 provides for the new offence of “recruitment for terrorism” which I also outlined earlier.

 

Section 6 creates the new offence of “training for terrorism” which I also mentioned in my introduction. This section provides for the making of Ministerial regulations, if considered necessary, to add to the list of weapons or substances already prescribed in the section and also to cover other possible techniques or methods that could be used for the purpose of committing a terrorist activity. Before making such regulations the Minister is obliged to consult with the Commissioner of the Garda Síochána, the Minister for Defence and such other Minister of the Government as the Minister considers appropriate, having regard to the weapons, substances, techniques or methods concerned. The section also sets out the issues to which the Minister is to have regard when making the regulations. It also clarifies the meanings of certain terms used in the section.

 

Section 7 amends section 6(1)(a)(ii) of the Principal Act to provide that it is an offence to attempt to commit the offences of “recruitment” and “training” but not the “public provocation” offence. This is in line with the amending Framework Decision and the Council of Europe Convention and reflects the fact that the offence of “public provocation”, as defined, or elements of it, is more conceptually difficult to “attempt”. Furthermore, the notion of intent is already covered in the public provocation offence as framed.

 

Section 8 sets out the fines and penalties that the three new offences will attract and it amends section 7(1) of the Principal Act to include a new paragraph (e) to provide for this. The penalty for the public provocation offence on summary conviction is a class A fine or up to 12 months in prison or both, while a fine or imprisonment for up to 10 years may be imposed on conviction on indictment. The penalty on conviction on indictment for both the training and recruitment offences is a fine or imprisonment for up to 10 years.

 

Section 9 relates to evidence of Irish citizenship in the context of legal proceedings relating to an offence and amends section 44(2) of the Principal Act by providing that it is an officer of the Minister for Foreign Affairs and Trade rather than an officer of that Department who certifies that a passport was issued and that it is an officer of the Minister for Justice and Equality who certifies that the person has not ceased to be an Irish citizen. This is a relatively minor, technical amendment which properly reflects the administrative and functional roles of the two Departments concerned in relation to citizenship.

 

Section 10 inserts the amending Framework Decision on combating terrorism and the Council of Europe Convention on the Prevention of Terrorism into the Principal Act.

 

Section 11 amends Part 1 of Schedule 2 to the Principal Act. Part 1 of Schedule 2 lists the offences for the purpose of the definition of terrorist activity. Paragraph (a) provides for the insertion of a new paragraph 7A to add any offence under section 2 of the Maritime Security Act 2004 to the list of terrorist activity. These offences relate to ships and fixed platforms. The amendment at paragraph (b) adds offences under section 2 of the Biological Weapons Act 2011 which relate to the development or use of biological weapons for a hostile purpose. The amendment at paragraph (c) adds the offence of financing of terrorism under section 13 of the Principal Act. This latter amendment is required to meet the Convention of the Prevention of Terrorism requirement that offences under the International Convention for the Suppression of the Financing of Terrorism, which has been ratified by Ireland, are included in the definition of “terrorist activity”. It also ensures that funding the preparatory terrorist activities of provocation, recruitment and training will also be an offence.

 

The final section of the Bill, section 12, is a standard provision providing for the short title, collective citation and commencement of the legislation.

 

I am pleased to commend the Bill to the House.