Criminal Justice (Terrorist Offences) (Amendment) Bill 2025: Report and Final Stages
Dail Éireann — 2026-05-20
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Jim O'Callaghan (FF), Dublin Bay South

It will not be a function of a future Minister to interpret this section if it becomes part of the law. It will be a matter for An Garda Síochána in the first instance to consider whether or not there has been a breach of this section. It will then be a matter for the DPP to decide whether or not a person deserves to be prosecuted for public provocation to commit a terrorist offence. It will finally be a matter for the court and the jury, if it is on indictment, to interpret and decide whether or not an offence has been committed. The likelihood is that this is a type of offence that will apply in the aftermath of a terrorist offence that has been committed, and where individuals can be identified as having incited individuals to participate in the offence. Similarly, it could be used in circumstances where an offence has not occurred but where somebody is clearly trying to incite somebody else to commit a terrorist act. It is important to know that if it is in our Statute Book, a whole series of hurdles need to be overcome. It will not be a matter for a Minister for Justice in the future to say he or she thinks a political opponent has breached section 4A of the terrorist Act. It will be a matter for gardaí to investigate, the DPP to make a decision on whether to prosecute, and for the court to determine it. The types of examples the Deputy is concerned about are not of concern to me. I do not see any circumstance in which any form of legitimate commemoration will be subject to this section. What it will cover are circumstances where people have sought to incite impressionable people to commit terrorist activity. If that has happened, as I am sure the Deputy will agree, the people behind it should be held equally liable.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-05-20/debate/main
Retrieved: 2026-09-28T05:50:47+00:00
Sitting date: 2026-05-20