I've been terrible for updating this year. Apologies. Hopefully the normal order will be restored later in the summer, when life calms down a bit.
A quick thought for the moment. One of this blog's top bugbears, the Offences Against the State Act, is up for renewal next month. Previously the Green Party could always be counted on to oppose it (although they couldn't always be counted on to get all their TDs in for the vote). It was an admirable principled stance on an issue that had nothing to offer them electorally, and I was happy to give them credit for it.
Obviously this year will be different. They've lined up behind FF on every other issue, and there's no way they'll be let off the hook for this one. While I have some sympathy for the argument that compromise is necessary in a coalition - at least I've had to tell myself that every time I look to what's happening (or not) up north - it's notable that the Greens haven't really tended to make that argument, at least not in the Dáil chamber. Instead of acknowledging that they've had to do u-turns for the sake of their Cabinet seats, or even staying out of debates entirely and just showing up to hold their noses and vote on the Government side, they send their TDs in to argue why the Opposition is actually wrong to be taking this or that position at the present time. So I have to assume that when OASA comes up again they'll do the same. The only question is how they'll justify their reversal - gangland activity, I suppose, since it's hardly arguable that republicans or Islamic militants or anyone else with a political agenda poses any real threat at the moment. But we shall see.
If any Greens reading this have any ideas, I'd love to hear them.
Showing posts with label Offences Against the State Act. Show all posts
Showing posts with label Offences Against the State Act. Show all posts
Why the Offences Against the State Act needs to go. Part 342
Breaking news today:
Mark Doran, of Poacher's Lock, Leighlinbridge, Co Carlow, was convicted of membership of [the Real IRA]...the court was told that, during a search of Mr Doran's flat, gardaí had found military manuals, books and DVDs, raffle tickets used during a fundraiser for the families of IRA prisoners, and two bodhrans, one with a picture of a woman with a rifle and the other with signatures from several Port Laoise prisoners.
Delivering the court's judgment, Mr Justice Mc Menamin said that such material was "consistent only with significant paramilitary involvement".
'Innocent until proven republican' is still the law in this country, so it seems.
Mark Doran, of Poacher's Lock, Leighlinbridge, Co Carlow, was convicted of membership of [the Real IRA]...the court was told that, during a search of Mr Doran's flat, gardaí had found military manuals, books and DVDs, raffle tickets used during a fundraiser for the families of IRA prisoners, and two bodhrans, one with a picture of a woman with a rifle and the other with signatures from several Port Laoise prisoners.
Delivering the court's judgment, Mr Justice Mc Menamin said that such material was "consistent only with significant paramilitary involvement".
'Innocent until proven republican' is still the law in this country, so it seems.
Looks like an election is imminent
The Government has today tabled a motion to extend the Offences Against the State Act for another year. The OASA doesn't expire until the end of June so there's absolutely no need for them to table this motion now ... unless they aren't planning for the Dáil to be around much longer to put it through. (Edit: they've now scheduled it to go through next week.)
I've nothing new to say about the OASA that I haven't already said before. It needs to go.
I've nothing new to say about the OASA that I haven't already said before. It needs to go.
On the Morris Tribunal
We've said this before, but with the most recent revelations about Garda misconduct - a word which scarcely seems adequate to convey the utterly appalling actions of some members of the force - it needs to be said again:
Giving a corrupt police force the powers which the Offences Against The State Act gives them is like giving a blowtorch to a pyromaniac.
The Act needs to go. Now.
Giving a corrupt police force the powers which the Offences Against The State Act gives them is like giving a blowtorch to a pyromaniac.
The Act needs to go. Now.
Another unsafe OASA conviction
It's reported today that a young man from Dublin's North Inner City has been convicted of "membership of an illegal organisation".
The evidence used to convict him:
* The word of a Garda superintendent, which was "based on confidential information".
* The defendant's decision to remain silent.
* A fingerprint on the back of a van in which a handgun was found.
* And the Óglaigh na hÉireann t-shirt he was wearing, presumably of the kind that can be bought for a few quid at the Sinn Féin shop.
It beggars belief that in the year 2006, in a supposedly advanced democracy, it is still possible to send someone to prison based on such "evidence". This case would have been laughed out of any normal court.
It is further proof of the correctness of Sinn Féin's Ard Fheis decision to make repeal of the Offences Against The State Act a condition of entering any coalition government in the South.
The evidence used to convict him:
* The word of a Garda superintendent, which was "based on confidential information".
* The defendant's decision to remain silent.
* A fingerprint on the back of a van in which a handgun was found.
* And the Óglaigh na hÉireann t-shirt he was wearing, presumably of the kind that can be bought for a few quid at the Sinn Féin shop.
It beggars belief that in the year 2006, in a supposedly advanced democracy, it is still possible to send someone to prison based on such "evidence". This case would have been laughed out of any normal court.
It is further proof of the correctness of Sinn Féin's Ard Fheis decision to make repeal of the Offences Against The State Act a condition of entering any coalition government in the South.
Ard Fheis Highs and Lows
pHighs
* Winning the motion to make repeal of the Offences Against the State Act a condition to entering coalition government in the south. I really didn't think we would win it, because not only the Ard Chomhairle but a couple ordinary punters I spoke to had indicated they would oppose it on the grounds it would "tie our hands". But, my God, if ever there was anything we should tie our hands on, surely imprisoning people just for being republicans is it? The membership did absolutely the right thing here, and I'm delighted.
* Dessie Ellis's speech on migrant workers. He set out our stall clearly, unambiguously, and live on RTÉ that we will not succumb to populist race-baiting. I can honestly say that I haven't been as proud to be a Shinner in ages as I was listening to that speech. The left-wing Labourites watching must have been sick.
* The appearances by Joanne Delaney and Mícheál Ó Seighin, especially when the latter confirmed that yes, Sinn Féin have been raising the Corrib Gas issue for many years (take that, Enda Kenny).
* Barry McElduff. The man is a national treasure.
* All three of the motions/amendments I wrote speeches on were passed. Clearly, my powers of persuasion are greater than I ever imagined :)
Lows
* Failure not only to rule out policing and coalition, but even to adopt the motions requiring a two-thirds majority to take part in either. Especially in the case of policing, I think it will be a huge mistake not to ensure we have widespread and not just majority support for such a step.
* Losing the pro-choice motion, although I hadn't really expected otherwise. It still depresses me to think that a revolutionary party like Sinn Féin could hold such a reactionary position on women's reproductive rights.
* The Ard Chomhairle elections - a "southern massacre" as someone put it.
* The stupid catering set-up in which you couldn't get a cup of coffee without queuing behind the people ordering hot food.
* Being skint, again. Why is it that Ard Fheis weekend always falls during a week when I have half a dozen bills to pay?
A pretty good weekend all in all, but we still have much work to do.
* Winning the motion to make repeal of the Offences Against the State Act a condition to entering coalition government in the south. I really didn't think we would win it, because not only the Ard Chomhairle but a couple ordinary punters I spoke to had indicated they would oppose it on the grounds it would "tie our hands". But, my God, if ever there was anything we should tie our hands on, surely imprisoning people just for being republicans is it? The membership did absolutely the right thing here, and I'm delighted.
* Dessie Ellis's speech on migrant workers. He set out our stall clearly, unambiguously, and live on RTÉ that we will not succumb to populist race-baiting. I can honestly say that I haven't been as proud to be a Shinner in ages as I was listening to that speech. The left-wing Labourites watching must have been sick.
* The appearances by Joanne Delaney and Mícheál Ó Seighin, especially when the latter confirmed that yes, Sinn Féin have been raising the Corrib Gas issue for many years (take that, Enda Kenny).
* Barry McElduff. The man is a national treasure.
* All three of the motions/amendments I wrote speeches on were passed. Clearly, my powers of persuasion are greater than I ever imagined :)
Lows
* Failure not only to rule out policing and coalition, but even to adopt the motions requiring a two-thirds majority to take part in either. Especially in the case of policing, I think it will be a huge mistake not to ensure we have widespread and not just majority support for such a step.
* Losing the pro-choice motion, although I hadn't really expected otherwise. It still depresses me to think that a revolutionary party like Sinn Féin could hold such a reactionary position on women's reproductive rights.
* The Ard Chomhairle elections - a "southern massacre" as someone put it.
* The stupid catering set-up in which you couldn't get a cup of coffee without queuing behind the people ordering hot food.
* Being skint, again. Why is it that Ard Fheis weekend always falls during a week when I have half a dozen bills to pay?
A pretty good weekend all in all, but we still have much work to do.
Today, we have witnessed a disgraceful yet utterly predictable display of moral cowardice on the part of the large majority of Dáil Deputies. All but 16 TDs failed to oppose the annual extension of the Offences Against the State Act, which allows the conviction of "membership of an illegal organisation" based solely upon the word of a garda. Given recent events, this would have to strike any objective observer as completely insane. Of course us non-objective observers know it's a lot more sinister than that.
Credit where it's due: Joe Higgins, Tony Gregory, Jerry Cowley, Catherine Murphy and all six of the Greens joined the five Sinn Féin TDs in voting Níl, while Finian McGrath spoke against the motion during the debate although he was unable to be present for the vote. That is a 100% increase over last year, when we could only muster eight in opposition. Maybe next year Labour will find the courage to put their (supposed) support for justice and human rights ahead of their hatred for republicans. But I won't hold my breath.
I've copied the Sinn Féin TDs' contributions to the debate below, because I really can't say it any better myself.
Caoimhghín Ó Caoláin: Every year Deputies have the opportunity to vote on whether to continue to use repressive legislation in this State. That opportunity presents again despite the past decade of the peace process, the IRA ceasefire and the Good Friday Agreement. Every year the Minister publishes a slim report at the last minute, which no one has a chance to read, as has been stated here. Despite this, every year this House rubber-stamps the continuing operation of these laws, which suspend not only the ordinary rules of evidence but fundamental rights, including the right to silence.
Every year my colleague, Deputy Ó Snodaigh or I argue the Government's obligations regarding progressive security normalisation under the Good Friday Agreement. Every year we ask what the Minister for Justice, Equality and Law Reform is planning to do with the Hederman recommendations on which he has been sitting since 2002. Every year only a few join the Sinn Féin Deputies in speaking out against this coercion of democracy and human rights, and I commend all those who do.
Those in what I view as the political establishment are still locked in denial about the fact that more than 60 years of emergency law has only helped perpetuate the conflict on and between these islands. It is a contributory factor. Equally, seven years of the 1998 amendment Act powers have not stopped dissident republicans. The only thing that can have this effect - I ask the Minister of State to note it - is to make democracy really and truly work. This means making the peace process work, demonstrating that the Good Friday Agreement is not dead, as the DUP leader claims, and proving that profound political and social change can be achieved by other means. That is the commitment we have made and the challenge Sinn Féin has embraced.
Every year when this law is renewed, those Deputies who support it take it on faith that the Garda will not abuse the powers it confers. They take it on faith that no garda will fabricate the evidence used to convict in the Special Criminal Court. I put it to Deputies that the findings of the Morris tribunal to date must force them to re-examine that blind faith on this occasion. This Government is asking Deputies, even in the wake of the Morris tribunal reports, to renew legislation that will continue to allow people to be convicted on the word of a garda. As supporters of this motion, they must ask themselves, what if they are complicit in perpetuating miscarriages of justice by the suspension of the ordinary rules of evidence in order to secure convictions, especially when there continues to be no effective oversight of the Garda and knowing this situation will continue even after the Minister for Justice, Equality and Law Reform's fundamentally flawed Garda legislation passes. I put it to Deputies and the Minister of State that the renewal of this Offences Against the State Act is not at all in the interests of democracy and justice.
Aengus Ó Snodaigh: History will judge this House harshly for failing to assert that the key to security is human rights and not human rights abuses. Year in, year out Deputies vote for the renewal of this legislation which is the envy of repressive regimes around the world. Only a few people in this House have the moral courage to speak out against it and fewer still have the guts to back that up when there is a vote. Surely the Morris tribunal report, which will be briefly discussed tomorrow, and particularly the revelations in the first report, the McGlinchey module, must give them pause for thought that people can be convicted in the Special Criminal Court under special laws on the word of the Garda special branch man.
History will judge harshly all those Deputies with their heads in the sand about the abuses perpetrated by the State against citizens on their watch. They are so consumed and blinded by anti-republicanism, they are failing in their duty to protect the public interest. It is incumbent on them to consider their responsibility carefully and to consider what we now know. We know the gardaí fabricated evidence of arms finds in Donegal, that the Murphy conviction in the Omagh case was overturned because of Garda fabrication, that the gardaí planted a gun on James Sheehan in north Kerry and that the father of four, Niall Binead, had no presumption of innocence as he was tried by the media and convicted of membership of an illegal organisation on the basis of exercising his right to silence. Despite media misrepresentation, he was not convicted of spying allegations. He was not convicted of unlawful collection of information under section 8. In fact, according to the Minister, no one has been charged under section 8. Does this not raise questions for Deputies about the conviction? Earlier this week, five Limerick men face up to five years in prison on the word of a senior garda. Most of the evidence against them seems to be that they laid a wreath.
Can Deputies be confident that the powers they are about to reconfirm have not been abused in nearly 700 arrests in the past year alone? Are they absolutely certain about the soundness of each of the 60 plus convictions? Do they firmly believe all the 102 awaiting trial will receive a fair one? If not, I ask them to vote against this motion.
Credit where it's due: Joe Higgins, Tony Gregory, Jerry Cowley, Catherine Murphy and all six of the Greens joined the five Sinn Féin TDs in voting Níl, while Finian McGrath spoke against the motion during the debate although he was unable to be present for the vote. That is a 100% increase over last year, when we could only muster eight in opposition. Maybe next year Labour will find the courage to put their (supposed) support for justice and human rights ahead of their hatred for republicans. But I won't hold my breath.
I've copied the Sinn Féin TDs' contributions to the debate below, because I really can't say it any better myself.
Caoimhghín Ó Caoláin: Every year Deputies have the opportunity to vote on whether to continue to use repressive legislation in this State. That opportunity presents again despite the past decade of the peace process, the IRA ceasefire and the Good Friday Agreement. Every year the Minister publishes a slim report at the last minute, which no one has a chance to read, as has been stated here. Despite this, every year this House rubber-stamps the continuing operation of these laws, which suspend not only the ordinary rules of evidence but fundamental rights, including the right to silence.
Every year my colleague, Deputy Ó Snodaigh or I argue the Government's obligations regarding progressive security normalisation under the Good Friday Agreement. Every year we ask what the Minister for Justice, Equality and Law Reform is planning to do with the Hederman recommendations on which he has been sitting since 2002. Every year only a few join the Sinn Féin Deputies in speaking out against this coercion of democracy and human rights, and I commend all those who do.
Those in what I view as the political establishment are still locked in denial about the fact that more than 60 years of emergency law has only helped perpetuate the conflict on and between these islands. It is a contributory factor. Equally, seven years of the 1998 amendment Act powers have not stopped dissident republicans. The only thing that can have this effect - I ask the Minister of State to note it - is to make democracy really and truly work. This means making the peace process work, demonstrating that the Good Friday Agreement is not dead, as the DUP leader claims, and proving that profound political and social change can be achieved by other means. That is the commitment we have made and the challenge Sinn Féin has embraced.
Every year when this law is renewed, those Deputies who support it take it on faith that the Garda will not abuse the powers it confers. They take it on faith that no garda will fabricate the evidence used to convict in the Special Criminal Court. I put it to Deputies that the findings of the Morris tribunal to date must force them to re-examine that blind faith on this occasion. This Government is asking Deputies, even in the wake of the Morris tribunal reports, to renew legislation that will continue to allow people to be convicted on the word of a garda. As supporters of this motion, they must ask themselves, what if they are complicit in perpetuating miscarriages of justice by the suspension of the ordinary rules of evidence in order to secure convictions, especially when there continues to be no effective oversight of the Garda and knowing this situation will continue even after the Minister for Justice, Equality and Law Reform's fundamentally flawed Garda legislation passes. I put it to Deputies and the Minister of State that the renewal of this Offences Against the State Act is not at all in the interests of democracy and justice.
Aengus Ó Snodaigh: History will judge this House harshly for failing to assert that the key to security is human rights and not human rights abuses. Year in, year out Deputies vote for the renewal of this legislation which is the envy of repressive regimes around the world. Only a few people in this House have the moral courage to speak out against it and fewer still have the guts to back that up when there is a vote. Surely the Morris tribunal report, which will be briefly discussed tomorrow, and particularly the revelations in the first report, the McGlinchey module, must give them pause for thought that people can be convicted in the Special Criminal Court under special laws on the word of the Garda special branch man.
History will judge harshly all those Deputies with their heads in the sand about the abuses perpetrated by the State against citizens on their watch. They are so consumed and blinded by anti-republicanism, they are failing in their duty to protect the public interest. It is incumbent on them to consider their responsibility carefully and to consider what we now know. We know the gardaí fabricated evidence of arms finds in Donegal, that the Murphy conviction in the Omagh case was overturned because of Garda fabrication, that the gardaí planted a gun on James Sheehan in north Kerry and that the father of four, Niall Binead, had no presumption of innocence as he was tried by the media and convicted of membership of an illegal organisation on the basis of exercising his right to silence. Despite media misrepresentation, he was not convicted of spying allegations. He was not convicted of unlawful collection of information under section 8. In fact, according to the Minister, no one has been charged under section 8. Does this not raise questions for Deputies about the conviction? Earlier this week, five Limerick men face up to five years in prison on the word of a senior garda. Most of the evidence against them seems to be that they laid a wreath.
Can Deputies be confident that the powers they are about to reconfirm have not been abused in nearly 700 arrests in the past year alone? Are they absolutely certain about the soundness of each of the 60 plus convictions? Do they firmly believe all the 102 awaiting trial will receive a fair one? If not, I ask them to vote against this motion.
Martin Ferris in the Dáil today
Mr. Ferris: Like previous speakers, I welcome the second report of the Morris tribunal. The belief that what happened in Donegal was as a result of a small number of gardaí effectively being out of control is something that needs to be examined. If that were the case, one would assume there was never a heavy gang in the State. While a prisoner in Portlaoise Prison in the 1970s, I witnessed at first hand Nicky Kelly, a colleague of Deputy Rabbitte, being helped up the stairs after being brutally assaulted and beaten by members of the special branch. Not one member of this heavy gang was held accountable for their brutal actions.
This also calls into question the sacrosanct evidence accepted by the Special Criminal Court, where the word of a special branch man as against a defendant is taken as absolute, even to the extent that verbal admission, regardless of how it is extracted, is accepted as evidence to secure convictions. As elected representatives, we must ensure that what took place in Donegal and what is taking place in many other areas does not happen again. Since becoming a Member of this House, I have been trying to get the Minister for Justice, Equality and Law Reform to examine the planting of a gun in a man's car, but to no avail. The gun was subsequently destroyed on the orders of the Minister. This speaks volumes about this man who opposed the setting up of this inquiry. He has resisted it from the beginning. As Deputy Gormley said, he is now saying he delivered on this.
We must also examine the convictions secured on evidence produced by the senior gardaí mentioned in this report. Where do the victims stand in all of this? It is likely that many innocent people in many counties were convicted on verbal admissions or signed statements, regardless of how they were extracted. I attended meetings with Joe Costello in the 1970s and 1980s when there was an attempt to raise this issue, but the State stopped it. I recall the Fianna Fáil Party in Opposition speaking out against the heavy gang, but when it went into Government it did nothing about it.
There are many issues to be examined in this regard. I suggest that the Morris tribunal should include in its terms of reference the collusion in the assassination of Donegal county councillor, Eddie Fullerton. He was shot dead in his home and nothing has been done about it. The investigation has been hindered because elements in control of the British forces were involved in the case. We must also examine the use of informers - people who would sell their soul for money. These people were being used without any accountability.
An Ceann Comhairle: As I pointed out to Deputy Rabbitte, a brief comment is in order this morning on the Morris tribunal report and a more detailed comment may be made in the debate which has been promised in coming weeks.
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