Sinn Féin push to soften proposed terrorism laws
The party's justice spokesperson TD Matt Carthy said a clause in the laws is an 'attack on free speech' and called it a 'Kneecap' clause.
The new law being brought forward by Justice Minister Jim O'Callaghan will seek to ban a broader range of terrorist offences as well as give effect to an EU directive.
The EU directive states terrorism can be committed by the glorification of a terrorist activity.
But Mr Carthy said this widening of definitions of provocation of terrorism will see similar cases to that of rap group Kneecap, where rapper Mo Chara is facing terrorism charges in the UK.
The charges come for allegedly waving a flag of the Lebanese armed group Hezbollah at a concert London last November.
'We have serious concerns about the provisions in this legislation included in the section on provocation of terrorism,' said Mr Carthy.
'Government have included a 'Kneecap' clause that could lead to charges against political activism and legitimate freedom of expression similar to the manner in which Mo Chara from Kneecap is currently facing terrorism charges in Britain. Sinn Féin will oppose any such attack on free speech.
'The provisions are too broad and open to abuse. Public provocation charges can be brought where no terrorist offence has been committed. The provisions are so broad that a person could be guilty of a terrorist offence in relation to provocation where they distribute or publish a message that could be 'reasonably construed' as inciting terrorism or that 'glorifies a terrorist activity'. This is the language used by the DUP who seek to criminalise those who attend republican commemorations.'
Mr Carthy said the laws, as they stand, are a 'crack down on political activism'.
'The Bill before the Dáil contains similar vague language and is clearly open to similar abuse to crack down on political activism and freedom of expression rather than terrorism. As this bill stands, it is an attack on free speech rather than terrorism,' he said.
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He said the laws should be changed and said Sinn Féin will bring in amendments to change the Government's proposals.
'While laws must be robust in dealing with real threats of terrorism, they should not be so broad and vague that they can be open to abuse to target political protest, political activism or to crack down on freedom of expression. Sinn Féin will not tolerate any 'Kneecap' clause within Irish legislation and we will be bringing forward amendments to delete this provision.'
The new laws from Minister O'Callaghan will also ban three new terrorist offences.
These are: Receiving terrorism training; travelling for terrorism purposes and organising or facilitating travel for the purpose of terrorism.
The penalty, on conviction on indictment for all three offences, is a fine or imprisonment for up to 10 years.
Courts who sentence terrorists for recruiting or training terrorism to take into consideration if the crime is committed against a child.
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