Illegal Organisations

MagicSean

Is the I.R.A. still the only official illegal organisation in the state?

johnfás

Not quite. The Offences Against the State Act provides that the Minister may make a Suppression Order, under which a specific organisation (eg the IRA) is declared unlawful for the purposes of the Act. I am not aware of organisations other than the IRA (and various offshoots thereof) being subject to a suppression order. Suppression Orders must be published in Iris Oifigiúil so there is a means of you finding out which other organisations, if any, are subject to a Suppression Order.

However, s. 18 of the 1939 Act goes beyond organisations declared unlawful by a Suppression Order, providing that any organisationi is an unlawful organisation where it meets the requirements of that section, which reads as follows:

18.—In order to regulate and control in the public interest the exercise of the constitutional right of citizens to form associations, it is hereby declared that any organisation which—

( a ) engages in, promotes, encourages, or advocates the commission of treason or any activity of a treasonable nature, or

( b ) advocates, encourages, or attempts the procuring by force, violence, or other unconstitutional means of an alteration of the Constitution, or

( c ) raises or maintains or attempts to raise or maintain a military or armed force in contravention of the Constitution or without constitutional authority, or.

( d ) engages in, promotes, encourages, or advocates the commission of any criminal offence or the obstruction of or interference with the administration of justice or the enforcement of the law, or

( e ) engages in, promotes, encourages, or advocates the attainment of any particular object, lawful or unlawful, by violent, criminal, or other unlawful means, or

( f ) promotes, encourages, or advocates the non-payment of moneys payable to the Central Fund or any other public fund or the non-payment of local taxation,

shall be an unlawful organisation within the meaning and for the purposes of this Act, and this Act shall apply and have effect in relation to such organisation accordingly.

Zambia

Under that (F) maybe the whole Dail should be investigated.

MagicSean

But in the history of OASA the IRA is still the only organisation that has been suppressed? It just seems a bit strange. You'd think some more terrorist organisations would be added.

Our man in Havana

You would certainly think that all the paramilitary organisations in the north would be on the list along with Al Qa'ida, ETA etc.

Hooch

k_mac wrote: »

But in the history of OASA the IRA is still the only organisation that has been suppressed? It just seems a bit strange. You'd think some more terrorist organisations would be added.

Haddockman wrote: »

You would certainly think that all the paramilitary organisations in the north would be on the list along with Al Qa'ida, ETA etc.

Is there a need to add them to the list??? Havin't come across many UDF meetings in my local pub.....seems ETA isnt around either:D

johnfás

k_mac wrote: »

But in the history of OASA the IRA is still the only organisation that has been suppressed? It just seems a bit strange. You'd think some more terrorist organisations would be added.

I imagine they are not singled out because they do not pose an immediate and pressing danger to the State. However, all of those organisations fall under the remit of the Act irrespective of whether they are individual named owing to the explanation above. The IRA has been individually named because frankly the Offences Against the State Acts were introduced primarily to deal with the threat to Irish sovereignty posed by that organisation and splinter groups associated with it.

MagicSean

Wasn't there an Al-Queda cell uncovered in waterford not too long ago?

amen

could the RC Church be added under section d?

Our man in Havana

amen wrote: »

could the RC Church be added under section d?

You would have an awfully big job to lock up all its' members.

MagicSean

Why couldn't organised crime gangs be included in this also? Why the need for their own laws? It seems OASA is wide enough to cover organised crime.

dermot_sheehan

See also:
http://www.irishstatutebook.ie/2005/en/act/pub/0002/print.html#sec5

5.—(1) A terrorist group that engages in, promotes, encourages or advocates the commission, in or outside the State, of a terrorist activity is an unlawful organisation within the meaning and for the purposes of the Offences against the State Acts 1939 to 1998 and section 3 of the Criminal Law Act 1976 .
(2) For the purposes of this Act, the Offences against the State Acts 1939 to 1998 and section 3 of the Criminal Law Act 1976 apply with any necessary modifications and have effect in relation to a terrorist group referred to in subsection (1) as if that group were an organisation referred to in section 18 of the Act of 1939.
(3) Subsections (1) and (2) are not to be taken to be limited by any other provision of this Act that refers to provisions of the Offences against the State Acts 1939 to 1998 or that makes provisions of those Acts applicable in relation to offences under this Act.
(4) Subsections (1) and (2) apply whether the terrorist group is based in or outside the State.


“terrorist group” has the same meaning as in the Framework Decision


Article 2
Offences relating to a terrorist group
1. For the purposes of this Framework Decision, ‘terrorist group’ shall mean: a structured group of more than two persons, established over a period of time and acting in concert to commit terrorist offences. ‘Structured group’ shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.


Article 1

1. Each Member State shall take the necessary measures to ensure that the intentional acts referred to below in points (a) to (i), as defined as offences under national law, which, given their nature or context, may seriously damage a country or an international organisation where committed with the aim of:
— seriously intimidating a population, or
— unduly compelling a Government or international organisation to perform or abstain from performing any act, or
— seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation,
shall be deemed to be terrorist offences:
(a) attacks upon a person's life which may cause death;
(b) attacks upon the physical integrity of a person;
(c) kidnapping or hostage taking;
(d) causing extensive destruction to a Government or public facility, a transport system, an infrastructure facility, including an information system, a fixed platform located on the continental shelf, a public place or private property likely to endanger human life or result in major economic loss;
(e) seizure of aircraft, ships or other means of public or goods transport;
(f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons, as well as research into, and development of, biological and chemical weapons;
(g) release of dangerous substances, or causing fires, floods or explosions the effect of which is to endanger human life;
(h) interfering with or disrupting the supply of water, power or any other fundamental natural resource the effect of which is to endanger human life;
(i) threatening to commit any of the acts listed in (a) to (h).