About the Review

The main body of counter-terrorism legislation in Ireland is the Offences Against the State Acts 1939 to 1998. This legislation sets out a range of substantive offences relating to the security of the State, and the powers of search, arrest and detention relating to those offences. In addition, the Special Criminal Court was established by the OASA 1939. These Acts have been cast primarily to address the domestic security threat but their provisions have a wider application.

In its report of September 2018, the Commission on the Future of Policing in Ireland recommended a “comprehensive and robust review of the legislative framework within which police and other agencies operate in the area of national security – what powers they should have, how they exercise those powers so as to respect fundamental rights, and what safeguards are in place against abuse or misuse.”

This recommendation is to be given effect by a number of discrete projects dealing with different aspects of that recommendation.

There is a requirement to renew certain provisions of the Offences Against the State (Amendment) Act 1998 by way of motions passed before both Houses of Oireachtas.

During the Oireachtas debate in June 2020 on the renewal of the OASA provisions, the Minister indicated that an independent review of security legislation is to be carried out having regard to the recommendations of CoFPI, and that a review of the Offences Against the State Act would be part of that review.

The last comprehensive review of the Offences Against the State Acts 1939 to 1998 was carried out by a committee under the chairmanship of former Supreme Court Judge, the late Mr Justice Anthony Hederman. The Committee’s final report was published in August 2002.