Terrorist Offences) Act 2005, a cornerstone of lreland’s counterterrorism laws, to allow for a broader category of prosecutable offences in respect of terrorist activity. These include terrorist acts with a cross-border element and cyberattacks where the aim is to cause widespread harm.
The Bill is part … commission of terrorist acts when publicly sharing messages glorifying terrorism. Furthermore, there must also be a reasonable apprehension that the commission of a terrorist activity could in fact result.
The Bill will also categorise cyber offences already on our Statute Book as terrorist offences and, therefore, allow
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In debates
pass legislation that would allow him to be prosecuted here too.
Section 3 of the Bill expands the legal definition of provocation of terrorist activity to include glorifying "(including by praise or celebration) a terrorist activity". The phrase "terrorist activity" can include activities both inside and outside … Electric Picnic. It seems that Fianna Fáil and Fine Gael potentially want to lock these people up too. Is that not glorification of terrorist activity? This is outrageous. The lowering to the floor of the legal bar for provocation of terrorist-linked activity must be resolutely opposed
wish. The only time this legislation will be triggered is if it is being done with the intention to incite people to commit terrorist activity. What Kneecap is being prosecuted for in the UK would not happen here. Under this legislation, people would be entitled to say they … criminal law and face criminal sanction is if it is being done with the intention of inciting someone else to commit criminal terrorist activity.
We have seen this previously. Deputy Coppinger referred to the fact that this has only been done in recent times because of what
terrorist threats evolve quickly. We have a responsibility to ensure our laws evolve with them. I accept that measures to address cross-border terrorist activity - training and facilitating travel for terrorist ends - are both necessary and prudent. However, I will not accept the absolute silence from the Government … wording to be introduced in section 4A, which allows for a person to be found guilty if:
with the intention of inciting....terrorist activity...[he or she] publishes, or causes to be....published...a message
(ii) that "glorifies (including by praise or celebration) a terrorist activity
parameters of that offence unless what he or she is doing is being done with the intention of inciting a person to commit terrorist activity. When we talk about "glorification" and actions "that could reasonably be construed as inciting", they only arise if the activity of the person … being investigated or prosecuted is with the intention of inciting another person to commit terrorist activity. The type of activity we are talking about is in circumstances where people are trying to encourage impressionable younger people to incite them to commit a terrorist act. The argument that
this Bill, as Deputy Ward said, it is open to interpretation. There is this other piece, which states:
... inciting persons to commit a terrorist activity, distributes or publishes, or causes to be distributed or published, by any means (including via the internet) to the public or a section … public a message—
... (i) inciting, or that could reasonably be construed as inciting, persons to commit a terrorist activity, or
(ii) that glorifies (including by praise or celebration) a terrorist activity,
That is incredibly frightening. This section, which Deputy Carthy described as the “Kneecap clause
terrorist offence of provocation if they distribute or publish "a message ... that could be reasonably construed as inciting" terrorism, or that "glorifies ... terrorist activity". The definition of glorification includes “praise” and “celebration”. To be quite clear, had such laws existed in the 1980s, it is very possible that … this sort of anti-terrorism legislation undercuts civil liberties, free speech and the rule of law, with little or no effect on actual terrorist activity. Protocol 21, as the Minister knows, provides Ireland with the right to opt-out and the right to opt-in to legislation adopted
came here to welcome the Bill in a changing world from the Government benches. As a country, we are familiar historically with terrorist activity; we have seen it on our own shores. We have seen waves of it throughout Europe and America over the recent years and especially … before attacks occur. This Bill enables gardaí to act proactively and gives An Garda Síochána more robust tools to disrupt and prosecute terrorist activity at the planning and preparation stage. What could possibly be wrong with that? As someone who grew up in a Garda family
view that the provisions I am seeking renewal of today are necessary to support gardaí in investigating, disrupting and dismantling the activities of terrorists.
The report laid before this House, in addition to providing information on the use of the provisions in question over the past year, also … consideration of these motions. I thank all the Deputies for their impending contributions, which I will listen to carefully. The threat from terrorist activity, including from dissident republican paramilitary groups, remains, warranting the continuation in force of the provisions in the 1998 Act. The same applies to section
There is a need for robust legislation to tackle terrorism and terrorist activity. I know everybody can agree on this. This is needed, particularly given the current global climate. However, the vagueness in this Bill is more likely to lead to abuse by the Government to stamp … provocation charges can be brought where no actual terrorist offence has been committed, with those charged facing up to ten years imprisonment. These provisions are clearly being used to target freedom of speech, freedom of expression and political activism as opposed to actual terrorism. We cannot stand over
very general and expansive notions that should have no place in legislation, including "Public provocation to commit terrorist offence" and "that glorifies [..] a terrorist activity". I do not think I have ever seen the word "glorifies" in legislation. Perhaps it was taken straight from … word "apartheid" being used in relation to Israel. Then Israel designated six human rights organisations, two of which we fund directly, as terrorist organisations. I ask the Minister to stay with me for a minute. If we are allowing Israel to designate six human rights organisations as terrorists
increasingly emerging in areas that were once considered safe and isolated. While Ireland has historically been associated with a relatively low level of terrorist activity, particularly since the Troubles ended, given the changing global landscape and the rise of various extremist ideologies, we have had to have
jury.
Tomorrow, the Government is introducing the Criminal Justice (Terrorist Offences) (Amendment) Bill. This will criminalise glorifying "(including by praise or celebration) a terrorist activity", just as the British State is trying to do with Kneecap. It will have a chilling effect on freedom of speech and artistic
international terrorism has posed in recent years and must play its full role in countering the threats posed by international terrorist groups both here and elsewhere. The activities and international linkages of organised crime groups have
intensified in a manner which challenges the capacity of the State … protect communities from the activities of such groupings.
The report also states:
An Garda Síochána continue to believe that the nature of these groupings is such that ordinary courts are inadequate to deal with them. In particular, there is a strong concern that attempts would be made
In parliamentary questions
Richard Boyd Barrett
Written
Deputy Richard Boyd Barrett asked the Minister for Finance whether an amendment is required to the Criminal Activity (Terrorist Offences) Act 2005 to allow him to exercise his powers under section 42 of the act to impose restrictive measures against Israeli settlers and any businesses that finance illegal
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