Government must drop ‘Kneecap’ clause from Criminal Justice Bill - Matt Carthy TD

A local TD has accused the government of attempting to insert what he dubbed as a ‘Kneecap clause’ in new legislation.

Deputy Matt Carthy was speaking in the week that the Criminal Justice (Terrorist Offences) (Amendment) Bill is due to come before the Dáil.

Deputy Carthy was referring to the provision in the bill that widens the definitions of provocation of terrorism, which he argued could be used to bring 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 Britain.

He said that such a provision is an attack on free speech rather than terrorism.

“The Criminal Justice (Terrorist Offences) (Amendment) Bill 2025 is due to be debated in the Dáil next week. This involves the transposition of a 2017 EU Directive.

“We have serious concerns about the provisions in this legislation included in the section on provocation of terrorism," said Deputy Carthy. “The provisions are too broad and open to abuse. Public provocation charges can be brought where no terrorist offence has been committed. The provisions are so broad that a person could be guilty of a terrorist offence in relation to provocation where they distribute or publish a message that could be ‘reasonably construed’ as inciting terrorism or that ‘glorifies a terrorist activity’.

“This is the language used by the DUP who seek to criminalise those who attend republican commemorations.

“We have seen how just last week Liam Óg Ó hAnnaidh from Kneecap, better known as Mo Chara, has been accused of acting in breach of a similar clause within the British Terrorism Act, which states that an individual commits a terrorist offence if, in public, that person ‘wears, carries or displays an article, in such as way or such a circumstance as to arouse reasonable suspicion that he is a member of supporter of a prescribed organisation’.

“The Bill before the Dáil contains similar vague language and is clearly open to similar abuse to crack down on political activism and freedom of expression rather than terrorism. As this bill stands, it is an attack on free speech rather than terrorism.

Deputy Carthy insists the legislation needs to be changed.

"While laws must be robust in dealing with real threats of terrorism, they should not be so broad and vague that they can be open to abuse to target political protest, political activism or to crack down on freedom of expression. Sinn Féin will not tolerate any ‘Kneecap’ clause within Irish legislation and we will be bringing forward amendments to delete this provision.”