CRIMINAL JUSTICE (TERRORIST OFFENCES) (AMENDMENT) ACT 2026

An Act to amend the Criminal Justice (Terrorist Offences) Act 2005 for the purpose of giving full effect to Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017¹ on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; and to provide for related matters.

[7th July, 2026]

Be it enacted by the Oireachtas as follows:

1. Definition

1. In this Act, “Principal Act” means the Criminal Justice (Terrorist Offences) Act 2005.

2. Amendment of section 4 of Principal Act

2. Section 4 of the Principal Act is amended, in subsection (1)—

• (a) by the insertion of the following definitions:

“ ‘Directive’ means Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017² on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (the text of which is, for convenience of reference, set out in Schedule 1);

‘organising or facilitating travel for the purpose of terrorism’ shall be construed in accordance with section 4E;

‘providing training for terrorism’ shall be construed in accordance with subsection (1) of section 4C;

‘receiving training for terrorism’ shall be construed in accordance with subsection (2) of section 4C;

‘travelling for the purpose of terrorism’ shall be construed in accordance with section 4D.”,

• (b) by the deletion of the definition of “Framework Decision”,

• (c) in the definition of “terrorist group”, by the substitution of “Directive” for “Framework Decision”,

• (d) by the substitution of—

• (i) the following definition for the definition of “terrorist activity”:

“ ‘terrorist activity’ means—

• (a) an offence specified in Part 1 of Schedule 2 committed with the intention of—

  • (i) seriously intimidating a population,

  • (ii) unduly compelling a government or an international organisation to perform or abstain from performing an act, or

  • (iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation,

• (b) an act committed outside the State that, if committed in the State, would constitute an offence specified in Part 1 of Schedule 2, done with the intention of—

  • (i) seriously intimidating a population,

  • (ii) unduly compelling a government or an international organisation to perform or abstain from performing an act, or

  • (iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation,

  or

• (c) a threat to commit such an offence, or such an act, made with such an intention;”,

and

• (ii) the following definition for the definition of “terrorist-linked activity”:

“ ‘terrorist-linked activity’ means—

• (a) an offence specified in Part 2 of Schedule 2 committed with a view to engaging in a terrorist activity,

• (b) an act committed—

  • (i) outside the State that, if committed in the State, would constitute an offence specified in Part 2 of Schedule 2, and

  • (ii) with a view to engaging in a terrorist activity,

• (c) an offence specified in Part 3 of Schedule 2 committed with a view to—

  • (i) engaging in a terrorist activity (other than a threat to which paragraph (c) of the definition of ‘terrorist activity’ applies),

  • (ii) committing an offence under section 21 or 21A of the Act of 1939 or committing an act outside the State that, if committed in the State, would constitute an offence under either such section, or

  • (iii) travelling for the purpose of terrorism,

• (d) an act committed—

  • (i) outside the State that if committed in the State, would constitute an offence specified in Part 3 of Schedule 2, and

  • (ii) with a view to—

    • (I) engaging in a terrorist activity (other than a threat to which paragraph (c) of the definition of ‘terrorist activity’ applies),

    • (II) committing an offence under section 21 or 21A of the Act of 1939 or committing an act outside the State that, if committed in the State, would constitute an offence under either such section, or

    • (III) travelling for the purpose of terrorism,

• (e) public provocation to commit a terrorist offence,

• (f) recruitment for terrorism,

• (g) providing training for terrorism or receiving training for terrorism,

• (h) travelling for the purpose of terrorism, or

• (i) organising or facilitating travel for the purpose of terrorism;”,

and

• (e) by the deletion of the definition of “training for terrorism”.

3. Public provocation to commit terrorist offence

3. The Principal Act is amended by the substitution of the following section for section 4A:

“4A. For the purposes of this Part, a person publicly provokes the commission of a terrorist offence if—

• (a) he or she, with the intention of inciting persons to commit a terrorist activity, distributes or publishes, or causes to be distributed or published, by any means (including via the internet) to the public or a section of the public a message—

  • (i) inciting, or that could reasonably be construed as inciting, persons to commit a terrorist activity, or

  • (ii) that glorifies (including by praise or celebration) a terrorist activity,

  and

• (b) such distribution or publication gives rise to the reasonable apprehension that the commission of a terrorist activity could thereby result.”.

4. Training for terrorism

4. The Principal Act is amended by the substitution of the following section for section 4C:

“4C. (1) For the purposes of this Part, a person provides training for terrorism if he or she provides instruction or training (in this section referred to as ‘relevant instruction or training’)—

• (a) in the making or use of—

  • (i) firearms or explosives,

  • (ii) nuclear material,

  • (iii) biological weapons, chemical weapons or prohibited weapons, or

  • (iv) weapons, or noxious or hazardous substances, that belong to a class prescribed under paragraph (a) of subsection (3),

  or

• (b) in techniques, methods, skills or technical knowledge belonging to a class prescribed under paragraph (b) of subsection (3),

to any person, knowing that the purpose of the relevant instruction or training is to enable the second-mentioned person to commit, or aid, abet, counsel or procure the commission of, a terrorist activity.

• (2) For the purposes of this Part, a person receives training for terrorism if he or she receives relevant instruction or training knowing that the relevant instruction or training is for the purpose of enabling him or her to commit, or aid, abet, counsel or procure the commission of, a terrorist activity.

• (3)

  • (a) The Minister may prescribe—

    • (i) a class of weapon, or noxious or hazardous substance, or

    • (ii) classes of weapons, or noxious or hazardous substances,

    for the purposes of subsections (1) and (2).

  • (b) The Minister may prescribe—

    • (i) a class of technique, method, skill or technical knowledge, or

    • (ii) classes of techniques, methods, skills or technical knowledge,

    for the purposes of subsections (1) and (2).

• (4)

  • (a) The Minister shall, before making regulations under subsection (3), consult with the Commissioner of An Garda Síochána and the Minister for Defence.

  • (b) The Minister may, before making regulations under subsection (3), consult with such other Minister of the Government as the Minister considers appropriate.

• (5) The Minister shall, when prescribing a class of weapon, or noxious or hazardous substance, under paragraph (a) of subsection (3), have regard to the capacity of a weapon, or noxious or hazardous substance, of that class to cause or contribute to—

  • (a) the death of, or serious injury to, a person, or

  • (b) substantial material damage to property.

• (6) The Minister shall, when prescribing a class of technique, method, skill or technical knowledge under paragraph (b) of subsection (3), have regard to the potential for the application or deployment of techniques, methods, skills or technical knowledge of that class in the commission of a terrorist activity.

• (7) In this section—

‘Act of 2011’ means the Biological Weapons Act 2011;

‘biological weapon’ means a microbial or other biological agent or toxin within the meaning of the Act of 2011;

‘chemical weapons’ has the meaning assigned to it by the Chemical Weapons Act 1997;

‘explosive’ means—

- (a) an explosive within the meaning of the Explosives Act 1875, or

- (b) an explosive substance within the meaning of the Explosive Substances Act 1883;

  ‘firearm’ has the meaning assigned to it by the Firearms Act 1925;

  ‘nuclear material’ has the meaning assigned to it by Article 1 of the Convention on the Physical Protection of Nuclear Material done at Vienna on 26 October 1979, the text of which is set out in the Fourth Schedule to the Radiological Protection Act 1991;

  ‘prohibited weapon’ has the meaning assigned to it by the Act of 2011.”.

5. Provisions relating to travel for terrorism purposes

5. The Principal Act is amended by the insertion of the following sections:

“Travel for purpose of terrorism

4D. For the purposes of this Part, a person travels for the purpose of terrorism—

• (a) if he or she travels to the State from a place other than the State for the purpose of—

  • (i) the commission by the person, or the aiding, abetting, counselling or procuring by the person of the commission by any person, of—

    • (I) a terrorist activity, or

    • (II) an offence under section 21 or 21A of the Act of 1939,

  • (ii) providing training for terrorism, or

  • (iii) receiving training for terrorism,

  or

• (b) if he or she travels from the State to a place other than the State for the purpose of—

  • (i) the commission by the person, or the aiding, abetting, counselling or procuring by the person of the commission by any person, of—

    • (I) a terrorist activity, or

    • (II) an offence under subparagraph (i) of paragraph (b) of subsection (1) of section 6,

  • (ii) providing training for terrorism, or

  • (iii) receiving training for terrorism.

  Organising or facilitating travel for purpose of terrorism

  4E. For the purposes of this Part, a person organises or facilitates travel for the purpose of terrorism—

• (a) if he or she—

  • (i) does any act—

    • (I) consisting of the making of an arrangement for the travel by any person to the State from a place other than the State, or

    • (II) that would facilitate the travel by any person to the State from a place other than the State,

    or

  • (ii) causes any person to do such an act,

  knowing that such travel is for a purpose referred to in paragraph (a) of section 4D, or

• (b) if he or she—

  • (i) does any act—

    • (I) consisting of the making of an arrangement for the travel by any person from the State to a place other than the State, or

    • (II) that would facilitate the travel by any person from the State to a place other than the State,

    or

  • (ii) causes any person to do such an act,

  knowing that such travel is for a purpose referred to in paragraph (b) of section 4D.”.

6. Amendment of section 5 of Principal Act

6. Section 5 of the Principal Act is amended by—

• (a) the insertion of the following subsection:

• “(2A) A body corporate that directs the activities of a terrorist group (at any level of its organisational structure) shall be guilty of an offence and shall be liable on conviction on indictment to a fine.”,

and

• (b) the substitution, in subsection (4), of “Subsections (1), (2) and (2A)” for “Subsections (1) and (2)”.

7. Amendment of section 6 of Principal Act

7. Section 6 of the Principal Act is amended—

• (a) in subsection (1), by—

• (i) the substitution of the following subparagraphs for subparagraph (ii) of paragraph (a):

• “(ii) attempts to engage in a terrorist activity, other than a terrorist activity consisting of—

  • (I) a threat referred to in paragraph (c) of the definition of ‘terrorist activity’,

  • (II) an act that is an offence under section 3 of the Explosive Substances Act 1883 consisting of the unlawful or malicious possession or control of an explosive substance with the intent referred to in paragraph (b) of that section,

  • (III) an act that is an offence under—

  • (A) subsection (1) of section 4 of the Explosive Substances Act 1883 consisting of the possession or control of an explosive substance other than for a lawful object,

  • (B) section 15 of the Firearms Act 1925,

    • (C) section 26 or 27A of the Firearms Act 1964, or

    • (D) section 4 of the Chemical Weapons Act 1997,

    or

    • (IV) an act committed outside the State that, if committed in the State, would constitute a terrorist activity to which clause (I), (II) or (III) applies,

    or

• (iia) attempts to engage in a terrorist-linked activity other than—

  • (I) public provocation to commit a terrorist offence,

  • (II) receiving training for terrorism, or

  • (III) organising or facilitating travel for the purpose of terrorism, or”,

and

• (ii) the deletion of subparagraph (iii) of paragraph (a),

• (b) the substitution of the following subsection for subsection (5):

• “(5) For the purposes of this Act, the engagement by a person in any protest, advocacy or dissent, or in any strike, lockout or other industrial action, shall not of itself constitute grounds for inferring that the person is doing an act with the intention of—

  • (a) seriously intimidating a population,

  • (b) unduly compelling a government or an international organisation to perform or abstain from performing an act, or

  • (c) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation.”,

and

• (c) the insertion of the following subsection:

• “(10) The Director of Public Prosecutions shall, when considering in which Member State it would be most appropriate for criminal proceedings to be brought against a person to whom subsection (9) applies, take account of the following:

  • (a) the Member State where the offence was committed,

  • (b) the nationality or Member State of residence of the person,

  • (c) the country of origin of the victim of the offence, and

  • (d) the Member State in which the person was first arrested for the offence.”.

8. Amendment of section 7 of Principal Act

8. Section 7 of the Principal Act is amended—

• (a) in subsection (1), by—

• (i) the substitution of “Subject to subsections (2C), (2D), (2E), (2F) and (2G), a person guilty” for “A person guilty”,

• (ii) the substitution, in paragraph (d), of “subject to paragraph (f), to imprisonment” for “to imprisonment”,

• (iii) the substitution, in paragraph (e), of—

• (I) “paragraph (e)” for “paragraph (c)” in subparagraph (i),

• (II) “paragraph (f)” for “paragraph (d)” in subparagraph (ii), and

• (III) “paragraph (g)” for “paragraph (e)” in subparagraph (iii),”,

• (iv) the insertion, in paragraph (e), of the following subparagraph:

• “(iv) in paragraph (h) or (i) of that definition, on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.”,

• (v) the insertion of the following paragraph:

• “(f) in the case of an offence consisting of an act referred to in paragraph (c) of the definition of ‘terrorist activity’ committed by a person who—

  • (i) when committing that offence, was also committing an offence under section 6 of the Offences Against the State (Amendment) Act 1998, and

  • (ii) by virtue of the said paragraph (d) would, but for this paragraph, be liable to a maximum term of imprisonment of less than 8 years,

  to imprisonment for a term not exceeding 8 years.”,

• (b) by the insertion of the following subsections:

• “(2A) Where a person is convicted of an offence under paragraph (a) of subsection (1) of section 6 consisting of recruitment for terrorism of a person who, at the time of the commission of the offence, was under the age of 18 years, the court may, when imposing sentence for the offence, treat as an aggravating factor the fact that the second mentioned person was under that age when the first-mentioned person committed the offence.

• (2B) Where a person is convicted of an offence under paragraph (a) of subsection (1) of section 6 consisting of providing training for terrorism to a person who, at the time of the commission of the offence, was under the age of 18 years, the court may, when imposing sentence for the offence, treat as an aggravating factor the fact that the second-mentioned person was under that age when the first-mentioned person committed the offence.”,

• (c) by the insertion of the following subsections:

• “(2C) A body corporate guilty of an offence under section 6 shall be liable on conviction on indictment to a fine of such amount as, having regard to the gravity of the offence, the court considers appropriate.

• (2D) A person guilty of an offence under subparagraph (ii) of paragraph (a) of subsection (1) of section 6 of attempting to commit the offence under subparagraph (i) of the said paragraph (a) of engaging in a terrorist activity shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted of the second-mentioned offence.

• (2E) A person guilty of an offence under subparagraph (iia) of paragraph (a) of subsection (1) of section 6 of attempting to commit the offence under subparagraph (i) of the said paragraph (a) of engaging in a terrorist-linked activity shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted of the second-mentioned offence.

• (2F) A person guilty of an offence—

  • (a) under subparagraph (i) of paragraph (a) of subsection (1) of section 6, and

  • (b) that consists of a threat to commit an offence (in this subsection referred to as the ‘threatened offence’) referred to in paragraph (c) of the definition of ‘terrorist activity’ with the intention referred to in that paragraph,

  shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted under the said subparagraph (i) of the threatened offence.

• (2G) A person guilty of an offence—

  • (a) under subparagraph (i) of paragraph (a) of subsection (1) of section 6, and

  • (b) that consists of a threat to commit an act (in this subsection referred to as the ‘threatened act’) referred to in paragraph (c) of the definition of ‘terrorist activity’ with the intention referred to in that paragraph,

  shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted under the said subparagraph (i) of the offence consisting of the threatened act.”,

and

• (d) the substitution of the following subsection for subsection (3):

• “(3) In this section ‘corresponding offence’ means—

  • (a) in relation to an offence (in this paragraph referred to as the ‘first-mentioned offence’) under subparagraph (i) of paragraph (a) of subsection (1) of section 6 consisting of engaging in a terrorist activity, the offence (in this paragraph referred to as the ‘second mentioned offence’) specified in Part 1 of Schedule 2 that consists of the act of which the first-mentioned offence consists, notwithstanding that it is not a component element of the second mentioned offence that that act be done with the intention specified in the definition of ‘terrorist activity’, and

  • (b) in relation to an offence (in this paragraph referred to as the ‘first mentioned offence’) under subparagraph (i) of paragraph (a) of subsection (1) of section 6 consisting of engaging in a terrorist linked activity, the offence (in this paragraph referred to as the ‘second-mentioned offence’) specified in Part 2 or 3 of Schedule 2 that consists of the act of which the first-mentioned offence consists, notwithstanding that it is not a component element of the second-mentioned offence that that act be done with a view to engaging in a terrorist activity or committing any other offence.”.

9. Amendment of section 13 of Principal Act

9. Section 13 of the Principal Act is amended by—

• (a) the substitution of the following subsection for subsection (5):

• “(5)

  • (a) In proceedings for an offence under subsection (1), it shall not be necessary to prove that—

    • (i) the funds concerned were wholly or partly used for the purpose of carrying out an act referred to in that subsection (1), or

    • (ii) the accused was aware of the specific act for which the funds concerned were, or were to be, wholly or partly used.

  • (b) In proceedings for an offence under subsection (3) to which paragraph (a) of that subsection applies, it shall not be necessary to prove that the funds concerned were wholly or partly used for the benefit or purposes of a terrorist group within the meaning of Part 2.

  • (c) In proceedings for an offence under subsection (3) to which paragraph (b) of that subsection applies, it shall not be necessary to prove that—

    • (i) the funds concerned were wholly or partly used for the purpose of carrying out an act referred to in the said paragraph (b), or

    • (ii) the accused was aware of the specific act for which the funds concerned were, or were to be, wholly or partly used.”,

• (b) the substitution, in subsection (6), of “Subsections (1), (2), (3) and (4)” for “Subsections (1) and (2)”,

• (c) the substitution, in subsection (7), of “Subsections (1), (2), (3) and (4)” for “Subsections (1) and (2)”,

• (d) the insertion of the following subsection:

• “(9) Subsections (9) and (10) of section 6 shall apply for the purposes of this section as they apply for the purposes of that section subject to the modification that the reference in the said subsection (9) to an offence under that section shall be construed as a reference to an offence under this section.”.

10. Amendment of section 43 of Principal Act

10. Section 43 of the Principal Act is amended—

• (a) in subsection (1), by the substitution of “subsection (1), (2), (3) or (4) of section 13” for “13(1) or (2)”, and

• (b) in subsection (3), by—

• (i) the substitution of “subsection (1), (2), (3) or (4) of section 13” for “13(1) or (2)” where it first occurs,

• (ii) the insertion, in clause (I) of subparagraph (i) of paragraph (a), of “or subsection (3) or (4) of section 13” after “section 6(1)”, and

• (iii) the insertion, in subparagraph (ii) of paragraph (b), of “or subsection (3) or (4) of section 13” after “section 6(1)”.

11. Text of Directive

11. The Principal Act is amended by—

• (a) the substitution of the Schedule set out in the Schedule to this Act for Schedule 1 to the Principal Act, and

• (b) the deletion of Schedule 1A.

12. Amendment of Schedule 2 to Principal Act

12. Schedule 2 to the Principal Act is amended, in Part 1, by the insertion of the following paragraph after paragraph 6:

“Unlawful interference with information systems or data

6A. An offence under section 3 or 4 of the Criminal Justice (Offences Relating to Information Systems) Act 2017.”.

13. Short title, collective citation and commencement

13. (1) This Act may be cited as the Criminal Justice (Terrorist Offences) (Amendment) Act 2026.

• (2) The Criminal Justice (Terrorist Offences) Acts 2005 and 2015 and this Act may be cited together as the Criminal Justice (Terrorist Offences) Acts 2005 to 2026.

• (3) This Act shall come into operation on the day immediately following the day of its passing.

SCHEDULE

Section 11