Ireland/Terrorism: Bill Passes in Lower

UNCLAS DUBLIN 001811

SIPDIS

E.O. 12958: N/A
TAGS: ASEC PREL PTER KTFN PHUM PINS
SUBJECT: Ireland/Terrorism: Bill Passes in Lower
House



1. Summary: On December 14, 2004, the Criminal
Justice (Terrorism Offences) Bill 2002, was passed by
Dail Eireann (Lower House). The Seanad Eireann (Senate)
is expected to approve the bill in February 2005, after
which it can be enacted into Irish Law. This
legislation will significantly strengthen Irish
ability to prosecute those suspected of supporting
terrorism. Current legislation allows GOI authorities
to pursue and prosecute suspects of terrorism, notably
terrorism financing, only if they also have committed
criminal offenses in Ireland or have been designated
by the UN or EU. The new legislation is likely to pass
in the Senate and be signed into law by the Irish
president by mid-February, reducing the potential for
supporters of terrorism to use Ireland as a legal safe
haven. End Summary.


2. This Bill amended the existing Offences against the
State Acts 1939 - 1998 to enable Ireland to meet its
UN and EU commitments. In presenting the Bill,
Minister for Justice, Michael McDowell stated that the
Bill would bring Ireland in line with United Nations
Conventions and European Union Framework decisions on
combating terrorism. Enactment of the terrorism bill
will set the legal framework for ratifying the four UN
conventions on terrorism still pending. Government
officials anticipate the completion of the four
Conventions by the end of 2005.


3. Key features of the Bill include:

- specified offences to become terrorist offences when
committed with intent to seriously intimidate a
population, unduly compel a Government or
international organization to perform or abstain from
performing an act, or seriously destabilize or destroy
the fundamental political, constitutional, economic or
social structures of a State or an international
organization.

- terrorist groups who commit terrorist offences in or
outside the State to be unlawful organizations for the
purposes of the Offences Against the State Acts 1939 -
1998 and the relevant provisions of those Acts,
including the offences of membership and directing an
unlawful organization, to have application to such
groups;

- the creation of new offences of hostage taking,
terrorist bombing, offences against internationally
protected persons, and financing terrorism with
provision for extra-territorial jurisdiction in
accordance with the relevant UN Conventions;

- provision to enable funds which are being used, or
which may be intended to be used, for the purpose of
committing terrorist offences, including financing
terrorism, to be frozen and ultimately made subject to
a disposal order in favor of the State by way of court
orders;


4. Sinn Fein opposed the Bill, their Justice
spokesperson, Angus O'Snodaigh, calling it a
'fundamentally flawed Bill' and 'a Human Rights
disaster waiting to happen'. He indicated that the
Human Rights Commission and the Irish Council for
Civil Liberties had both expressed concerns over the
Bill and felt that this type of 'emergency'
legislation should be reviewed every 1-3 years. In
response the Minister for Justice stated that it was
'perfectly feasible' that terrorists could make plans
in Ireland in relation to an act to be carried out
elsewhere and the State should have adequate
legislation to counter this.

KENNY