The current Minister for Justice has ;just unveiled the new Criminal Justice (Terrorist Offences) (Amendment) Bill 2014 which codifies into Irish law provisions laid out in the EU framework decision on combating terrorism. The new statute includes 3 new offences carrying up to 10 year jail sentences. These are:
- “public provocation to commit a terrorist offence”
- “recruitment for terrorism”
- “training for terrorism”
For most this will have gone unnoticed, and many who have noticed may believe this is necessary, however this is a law that is left open to serious abuse.
This comes from the COUNCIL FRAMEWORK DECISION 2008/919/JHA
of 28 November 2008:
(10) The definition of terrorist offences, including offences linked to terrorist
activities, should be further approximated in all Member States, so that it covers public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, when committed intentionally.
(11) Penalties should be provided for natural persons having intentionally committed or legal persons held liable for public provocation to commit terrorist offences, recruitment for terrorism and training for terrorism. These forms of behaviour should be equally punishable in all Member States irrespective of whether they are committed through the Internet or not.
First thing to worry about is that nothing is defined and it is left open to the interpretation of the Minister to prescribe anything they choose to be included in what constitutes activity associated with terrorism. This is the biggest area open to abuse and it can be seen in action this very day in Britain where the Metropolitan Police issued a statement warning anyone found viewing, downloading or disseminating the ISIS beheading video risks prosecution for a terrorist offence.
Not that many people would even want to view the video but to make such a statement is a draconian attempt to control what people choose to view to make up their own minds about geopolitical events ,with threat of imprisonment. As the Commissions framework decision says – they must prove intent- but this censorship by threat is overstepping that legal maxim and is therefore unlawful in itself.
Where these laws already exist in Britain and the US written publications and websites have suffered the same fate and many people have been jailed for a long time for simply reading. Now forgive me if that reminds me of the crime of reading Goldstein’s book in Orwell’s 1984.
The media is where the abuse gets serious, many websites and tv stations have been taken off the air over the last few years using these provisions and in many cases it has simply been for giving the other side of the story. Anti terrorism laws have been used to stifle the press preventing media printing stories, and worse still it has been used to conduct secret courts which goes against everything that our judicial system was built upon.
So people say that wont happen in Ireland, they said that in Britain and look where they are now. However this is only the half of it, it gets worse for us in Ireland at a much more national and local level as you will see.
Unlawful Organisations – That Means YOU
(thanks to Attack the Tax for the research on this section)
The third of three laws to be introduced reads…
“3.—Any person who recruits another person for an UNLAWFUL ORGANISATION or who incites or invites another person (or other persons generally) to join an UNLAWFUL ORGANISATION or to take part in, support or assist its activities shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years…. “
So here is where the abuse of power can come into play:
What does the Offences Against the State Act, 1939, describe as an “unlawful organisation”?
“Unlawful Organisations: 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:
…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.”
from Offences Against the State Act, 1939, Section 18
The government has effectively given itself the power to criminalise anyone who stands against unlawful taxes as a “terrorist” or a “supporter of terrorism”, with the potential to be imprisoned for up to ten years. Such draconian laws are ALWAYS abused by States attempting to exert authority OVER the people rather than SERVING the people.
This in effect criminalises every anti water tax protester or group, anti household tax protester or group, every lay litigant group, and every political party that stands up to them. That means they are attempting to criminalise DDI for supporting the boycott of the water and household charge through lawful means of non consent and refusal of contract.
They are trying to eliminate the opposition first through fear, and then when that doesn’t work they will start to abuse the constitution, the law of the land and the people to achieve dominance. Does this feel like governance by consent anymore? This is where we as a people must draw a line in the sand.
Legislate for Real Terrorists
The elephant in the room is the new offence that should have been added to the anti terrorism legislation but wasn’t. Where is the offence of “Financial Terrorism”? Where is the offence of aiding and abetting financial terrorism ,or encouraging and/or recruiting into acts of financial terrorism?
This would criminalise the entire banking, accounting, legal and governmental sector overnight. This would actually catch and punish the real terrorists of our time, because the real crime and terror we face as a people in this modern world is not military, that is amateurish compared to the crimes the financial world are capable of. It has killed thousands over the last few years and destroyed hundreds of thousands of lives and we ask the Minister why this has not been included in the Act as a potential act of terror a country may face?
Our Constitution states that:
Treason shall consist only in levying war against the State, or assisting any State or person or inciting or conspiring with any person to levy war against the State, or attempting by force of arms or other violent means to overthrow the organs of government established by this Constitution, or taking part or being concerned in or inciting or conspiring with any person to make or to take part or be concerned in any such attempt.
Now DDI would like to suggest to the Minister that it is way past time that Article 39 of the Constitution was amended by referendum to include treason by virtue of conducting or conspiring to levy “financial war” against the State from within. This would implicate those who knowingly and willfully bankrupted the nation by deregulation and unlawfully burdening the people with an odious debt. We are sure there are a few bankers, politicians and top civil servants who will be quaking at the thought.
No doubt if we did get that amendment the government would never use it against the real criminals of our time, but would instead be using it against water tax protesters. More’s the pity they don’t ship us off to Australia for free any more, we might all stop paying these taxes.
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