delete lines 3 to 11 and substitute the following:
"(d) by the substitution of—
(i) the following definition for the definition of "terrorist activity":
" 'terrorist activity' means—
(a) an offence specified in Part 1 of Schedule 2 committed with the intention of—
(i) seriously intimidating a population … such an offence, or such an act, made with such an intention;”,
and
(ii) the following definition for the definition of “terrorist-linked activity”:
" 'terrorist-linked activity' means—
(a) an offence specified in Part 2 of Schedule 2 committed with a view to engaging in a terrorist activity
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provision is enacted, it will have no impact on what he seeks to do. It is important to point out the type of terrorist activity that is going to be covered by this legislation. Earlier I gave the example of what happened in the Bataclan … seeking to remove, it only applies in certain circumstances. It has to be with the intention of inciting persons to commit terrorist activity. Nobody is suggesting that by going to a commemoration or remembering patriot dead that someone is seeking to incite others to commit terrorist activity
subsection (1), by—
(i) the substitution of the following subparagraphs for subparagraph (ii) of paragraph (a):
“(ii) attempts to engage in a terrorist activity, other than a terrorist activity consisting of—
(I) a threat referred to in paragraph (c) of the definition of ‘terrorist activity … Chemical Weapons Act 1997,
or
(IV) an act committed outside the State that, if committed in the State, would constitute a terrorist activity to which clause (I), (II) or (III) applies,
or
(iia) attempts to engage in a terrorist-linked activity other than—
(I) public provocation to commit
subsection (1) of section 6 of attempting to commit the offence under subparagraph (i) of the said paragraph (a) of engaging in a terrorist activity shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted … threat to commit an offence (in this subsection referred to as the ‘threatened offence’) referred to in paragraph (c) of the definition of ‘terrorist activity’ with the intention referred to in that paragraph,
shall be liable on conviction to the penalty to which he or she would
following paragraph:
“(f) in the case of an offence consisting of an act referred to in paragraph (c) of the definition of ‘terrorist activity’ committed by a person who—
(i) when committing that offence, was also committing an offence under section 6 of the Offences Against the State … subsection (a) address numbering changes resulting from prior amendments which change the format and numbering of subcategories within the definition of "terrorist activity" and "terrorist linked activity", as discussed under amendment No. 7. Changes are thus necessitated in section 7 of the principal Act to signpost accurately
thank Deputy Ward and Deputy Murphy for their contributions. Deputy Ward wondered whether I had any concern that the definition of terrorist activity or terrorist-linked activity could, in some respect, interfere with and criminalise legitimate protest as we know it. No, we are not in a situation … here are appropriate and will not cover what we regard as ordinary, legitimate protest.
Deputy Murphy started his contribution by indicating that terrorist activity refers to republicans and the type of terrorism we have in Ireland, and that it does not refer to what is happening in Gaza
funds were used to commit specific terrorist offences. That was something that was too specific. If somebody gives money for the purpose of terrorist activity, it should not be a requirement on the prosecutor or the State to establish that he or she had knowledge that … knew that the funding was for that act. It is important that liability should rest on individuals who know that they are funding terrorist activities, even if they cannot be specifically aware of which terrorist activity is going to be covered by their funding
important that we keep a distinction between the crimes of genocide, crimes against humanity and war crimes and, separately, the crime of terrorist activity. It may be from the point of view of presentation that Deputy Ward wishes, and he is entitled to say this, that war crimes … inclusive, and amendment No. 8 provide for new terms to be included as part of the definition of "terrorist-linked activity" in the definitions section of the principal Act. These new terms are further defined in expanded definitions to be inserted as proposed amendments
want to cover that here?
My second point relates to Government amendment No. 7, which seeks the redrafting of the definition of "terrorist activity" to include "an offence specified in Part 1 of Schedule 2 committed with the intention of ... [among other things] unduly compelling a government … stuff that people would recognise as terrorism but also include criminal damage and endangering traffic. Could the fuel protests have been defined as terrorist activity? They were potentially endangering traffic under the Non-Fatal Offences Against the Person Act 1997. The definition of endangering traffic states "intentionally places
question as to whether, under the definition that is put forward here in amendment No. 7, the fuel protestors would come within terrorist activity or terrorist-linked activity. The answer to the Deputy's question is "No". If you look at the definition, you obviously have to recognise
been convicted of one or more of the following offences: participation in a criminal organisation; corruption; fraud; terrorist offences or offences linked to terrorist activities; money laundering or terrorist financing; child labour; human trafficking-related offences; and the breach of tax or social security obligations.
Public procurement rules
climate. However, the vagueness in this Bill is more likely to lead to abuse by the Government to stamp out political protest, political activism and free speech. Intention and the glorification of terrorism are open to interpretation.
We cannot have a vague Bill and I will outline … five, ten or 20 years down the line. There is clearly an attempt to crack down on freedom of speech rather than terrorist activity. Given the direction that Europe is going, we should not allow a diktat from the EU on this or any other issue that impacts
committing a very serious criminal offence. However, for the purpose of this legislation, I must emphasise that it is about the type of terrorist activity that, regrettably, we have seen on this island in the past and we have seen in Europe in the past. The primary focus … Gaza or the West Bank. There are legal instruments that can deal with the issue he spoke about, but we are talking about terrorist offences perpetrated and carried out in Ireland and the European Union and the measures that can be put in place to try to ensure
have some concerns that the definitions in the Minister's amendment are overly expansive. They risk capturing non-terrorist activity and blur distinctions between intent and action, potentially granting disproportionate State power without sufficient safeguarding or clarity. Does the Minister have any concerns that the amendment's vague
amendment No. 9:
In page 4, to delete lines 14 to 29.
There is a need for robust legislation to tackle terrorism and terrorist activity. I know everybody can agree on this. I will hang on for a minute, if that is alright, a Leas-Cheann Comhairle
commemoration will be subject to this section. What it will cover are circumstances where people have sought to incite impressionable people to commit terrorist activity. If that has happened, as I am sure the Deputy will agree, the people behind it should be held equally liable
with is the provision for the offence of travelling from the State to another state for the purpose of participating in the activities of a terrorist group. In the Bill as it stands, when providing for this requirement section 4D refers to travelling from the State … purposes of committing an offence under section 21 or section 21A of the 1939 Act. This is because participation in the activities of a terrorist group is criminalised under Irish law via section 21 or section 21A of the Offences Against the State Act 1939. These make
Principal Act is amended by—
(a) the insertion of the following subsection:
“(2A) A body corporate that directs the activities of a terrorist group (at any level of its organisational structure) shall be guilty of an offence and shall be liable on conviction on indictment to a fine
THEFT AND FRAUD OFFENCES) ACT 2001, THE MARITIME SECURITY ACT 2004, THE INTERNATIONAL CRIMINAL COURT ACT 2006, THE CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010 AND THE EUROPEAN UNION (MARKET ABUSE) REGULATIONS 2016; TO AMEND THE EUROPEAN ARREST WARRANT ACT 2003 TO GIVE FURTHER EFFECT … CRIMINAL JUSTICE (FORENSIC EVIDENCE AND DNA DATABASE SYSTEM) ACT 2014; TO MAKE PROVISION FOR OFFENCES RELATING TO ACCOMMODATION OFFERED IN EXCHANGE FOR SEXUAL ACTIVITY AND FOR THAT PURPOSE TO AMEND THE CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017; TO MAKE PROVISION FOR THE LICENSING OF OUTDOOR SEATING AREAS
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