Paul Murphy
Ceist:7. Deputy Paul Murphy asked the Minister for Justice, Home Affairs and Migration when the Offences Against the State Act, 1939 will be repealed; and if he will make a statement on the matter. [49377/26]
Amharc ar fhreagraWednesday, 1 July 2026
Ceisteanna (7)
Freagraí scríofa
In February 2021, an Independent Review Group was appointed to review the Offences against the State Acts. The Review Group which was chaired by Mr Justice Michael Peart, was required by its terms of reference to take account of the current threat posed by domestic and international terrorism and organised crime; the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State; and the State’s obligations in relation to constitutional and ECHR rights and international law.
The Group delivered two reports in May 2023, a majority and minority report. The reports were subsequently published by the then Minister in June 2023. The majority put forward a package of proposals for a modern legal framework to replace the Offences Against the State Acts.
My Department has engaged in consultation on the recommendations of the Review Group and has examined the reports from a variety of perspectives including policy, governance, and legislation. In May 2025, after completing and considering this extensive consultation, I informed the Government that I accept, in principle, the recommendations of the majority report. This sets a clear direction for reform.
My Department is currently considering how the reform package recommended in the majority report can be provided for in legislation and I intend to bring firm proposals to Government later this year. Those proposals, if accepted by Government, will then form the basis for the drafting in 2027 of the General Scheme of the new legislation.
The Group also recognised the need for such legislation to be subject to regular meaningful independent oversight, The Deputy will be aware, that the office of the Independent Examiner of Security Legislation was formally established on the commencement of the Policing, Security and Community Safety Act 2024 on 2 April 2025. Mr Justice George Birmingham, former President of the Court of Appeal, is the current office holder.
Questions Nos. 8 and 9 answered orally.