Minister for Justice Jim O’Callaghan has rejected Opposition claims that Kneecap band member Liam Óg Ó hAnnaidh could be prosecuted under antiterrorism legislation being introduced in the Dáil.
Sinn Féin justice spokesman Matt Carthy described provisions of the Criminal Justice (Terrorism Offences) (Amendment) Bill as the “Kneecap clause” in the wake of the prosecution in England of the Belfast band member whose stage name is “Mo Chara”.
He was charged under UK antiterrorism legislation with showing support for a proscribed organisation. It is alleged he draped himself in a Hizbullah flag at a London gig last November and shouted “up Hamas, up Hizbullah”, referring to the Palestinian and Lebanese militant groups respectively. He is contesting the charge.
The proposed new Irish legislation broadens the category of terrorist offences to bring it in line with a 2017 EU directive, to include travelling or facilitating travel for the purposes of terrorism and receiving or providing training for terrorism.
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The Bill also revises the definition of provoking terrorism, stating that the glorification of a terrorist activity, including by praise or celebration, “may be considered publicly provoking the commission of a terrorist offence”.
Mr Carthy, who called this the “Kneecap clause”, said it is “deeply problematic” because “there is a real fear that this inclusion 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 the UK”.
This sort of antiterrorism legislation “undercuts civil liberties, free speech and the rule of law, with little or no effect on actual terrorist activity”, he said.
“It is exactly the type of language that has been used, in the North in particular, to attempt to curtail the rights of families to remember loved ones killed in the conflict in the six counties. It has equally been used in arguments against commemorating the 1916 Rising or wearing an Easter lily,” he said.
But Mr O’Callaghan said “what Kneecap is being prosecuted for in the UK would not happen here”.
“Under this legislation, people would be entitled to say they support Hamas, although it has been involved in reprehensible behaviour,” he said.
Describing the UK legislation as “alarmingly wide” and a provision “that would not be enacted by this House”, he said that under the UK law it is an offence if a person in a public place “wears, carries or displays an article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation”.
Sinn Féin’s Mark Ward said people singing republican songs about Irish heroes could be prosecuted under the legislation.
However, the Minister said the deputy could sing whatever songs he wants. “People can sing songs about the Boys of Barr na Sráide and the Men Behind the Wire. In loyalist parts of Belfast, they can sing whatever they want.”
He said TDs’ “concern that this will have a restrictive impact on protest or freedom of expression is not accurate”.
“The only time your message is going to come within the criminal law and face criminal sanction is if it is being done with the intention of inciting someone else to commit criminal terrorist activity.”
