TERRORIST LISTS: IRELAND

UNCLAS DUBLIN 001393

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT PASS TO EB/ESC/TFS, S/CT (PATTY HILL),IO/PSC
(JOHN SANDAGE)

E.O. 12958: N/A
TAGS: KTFN PTER PREL EI
SUBJECT: TERRORIST LISTS: IRELAND

REF: STATE 193615


1. (SBU) Ireland does not maintain a nationalist list of
banned terrorist entities. Under the 1939 Offenses Against
the State Act, the Irish Government is empowered to issue a
"suppression order" against unlawful organizations. (The
legislation can be found at www.irishstatutebook.ie. Click
on "Acts of the Oireachtas 1922-2005," then click on 1939,
and then again on "No.13/139 - Offenses Against the State
Act, 1939.") In 1939, the Irish Government issued a
suppression order against the Irish Republican Army (IRA, or,
in the original Gaelic, Oglaigh Na h'Eireann). This
suppression order is considered to cover all forms of the
IRA, including: the Real IRA, the Continuity IRA, the
Provisional IRA, the Official IRA, and any other organization
appending the name, "IRA." This suppression order can be
found at: www.irishstatutebook.ie/ZZSI162Y1939.html. In
1983, the Irish Government issued a suppression order,
against the Irish National Liberation Army (INLA),which can
be found at www.irishstatutebook.ie/ZZSI7Y1983.html. No
other organizations have been subject to a suppression order.
Moreover, an Irish Department of Justice, Equality, and Law
Reform contact informed Pol/Econ Chief that the Irish
Government has always interpreted the 1939 Offenses Against
the State Act as pertaining only to domestic entities.


2. (SBU) In 2005, the Irish Government enacted the Criminal
Justice (Terrorism Offenses) Act. This legislation: brought
Ireland into compliance with European Union Framework
decisions on combating terrorism; provided the legal
framework for Ireland's subsequent ratification of four UN
Conventions on Terrorism to which it had previously not been
party; and, strengthened the Government's ability to
prosecute and seize assets of those suspected of supporting
terrorism, including terrorist activities not within Ireland.
(The legislation can be found at www.irishstatutebook.ie.
Click on "Acts of the Oireachtas 1922-2005," then click on
2005, and then again on "No.2/2005 - Criminal Justice
(Terrorist Offenses) Act 2005.") The legislation, however,
does not ban terrorist entities. As a theoretical example,
an entity that established itself in Ireland for the purpose
of conducting or supporting terrorist activities could not be
banned under the 2005 Criminal Justice Act, although
technically it could be subject to a suppression order under
the 1939 Offenses Against the State Act. Even without a
suppression order, the Irish Government could freeze the
entity's assets and prosecute its members under the 2005
Criminal Justice Act.
FOLEY