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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
tackling terrorism. We support the objectives of these measures. We support countries working together, sharing information and ensuring that those who engage in terrorist activity can be investigated and prosecuted wherever they may be. It need not even have been said. That is why we are going … look across the sea to our nearest neighbours. We are all still in disbelief at the decision to proscribe Palestine Action as a terrorist organisation in the United Kingdom. We all genuinely struggle to comprehend how we arrived at a point where elderly women holding placards expressing support
In parliamentary questions
Richard Boyd Barrett
Written
engagements with his EU counterparts and the Council of the EU in relation to exercising his powers under Section 42 of the Criminal Activity (Terrorist Offences) Act 2005 to impose restrictive measures on groups associated with financing terrorist activity in Israel; specifically in relation to financing terrorist activity … relation to restrictive measures against a smaller number of individual extremist settlers, given that the definition of terrorist activity under the Act includes activity that is committed with the intention of seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state
Malcolm Byrne
Written
Affairs and Migration the restrictions that may be placed on individuals from west Asia who have allegedly been engaged in war crimes or terrorist activity from entering the State; and the actions that may be taken if they are found in the State. [54309/26
Alan Kelly
Written
Deputy Alan Kelly asked the Minister for Justice, Home Affairs and Migration if he is sharing biometric data relating to terrorist activities with other relevant states, Interpol and other relevant international bodies. [70089/25
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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