Far-reaching anti-terrorist measures which could assist the Garda in imprisoning suspected members of the `Real IRA' and allow the confiscation of farms or houses used for bomb making or the storing of weapons, should be in place within the next two weeks.
Provisions drawn up by officials at the Department of Justice were described by the Minister Mr O'Donoghue yesterday as "draconian". He said the measures significantly enhanced the powers available to the Garda to tackle groups like the `Real IRA' which was responsible for the mass murder in Omagh. Additional measures would be provided, if required.
A provision, announced yesterday and not available to the RUC, is for the seizure of property or assets of people who allow their properties to be used "for the purpose of committing or facilitating the commission of any offence" (under the Offences Against the State Act).
This extends the existing criminal law which has allowed the seizure of millions of pounds worth of proceeds of crime under the 1994 Criminal Justice Act, mainly by the Criminal Assets Bureau.
Heads of Bills and any other statutory amendments needed to implement the laws will be in place by the first week in September when the Dail is being recalled. The main proposals yesterday included one to extend the period of detention for questioning terrorist suspects from two days to four days. This is still short of the provision which allows the detention of suspected drugs traffickers for seven days.
The Minister announced inferences to be drawn "from the failure of a person to answer relevant questions" while in Garda custody.
An amendment to the Offences Against the State Act will create a situation where gardai can question a person suspected of membership of an illegal organisation and, if the person refuses to give any answers to questions, to bring this forward as corroborative evidence in court.
A chief superintendent can give evidence that the defendant is suspected of membership of the illegal group. The court would be able to draw an inference between the defendant's silence under Garda questioning and his evidence in court claiming to be innocent.
This apparently provides the Garda with powers beyond those currently granted to the RUC in pursuing charges of illegal membership. Courts in the North have, so far, been unable to take the word of a senior officer whether corroborated or not. Mr O'Donoghue pointed out there was no need to legislate to proscribe the `Real IRA' specifically as, under the 1939 Offences Against the State Act, any group using the name Irish Republican Army was illegal.
New offences were also outlined. It will be an offence to direct an unlawful organisation; possess items for purposes connect with specified firearms or explosives offences; withhold information concerning an offence under the Offences Against the State Act; unlawfully collect information; or train persons in the making or use of firearms or explosives.
These or similar offences have been in place in Northern Ireland for several years and have proved effective in certain cases.