O'Donnell to discuss two points of draft law with Harney

Clarification on aspects of the Government's new anti-terrorist measures was being sought last night by Ms Liz O'Donnell of the Progressive Democrats, Minister of State at the Department of Foreign Affairs and a member of the Cabinet Security Committee.

Two elements of the draft emergency legislation "weren't flagged by the Minister for Justice" Ms O'Donnell said last night. She added she wanted to discuss these with her party leader, the Tanaiste, Ms Harney. Ms O'Donnell declined to specify which provisions she wanted clarified or why, saying only: "We want the legislation to be as good as possible."

But opposition sources said the draft bill has two features which did not emerge in earlier Government briefings.

One is the requirement that defendants on a charge of membership of an illegal organisation will have to identify their witnesses in advance for the first time, a provision modelled on existing criminal law which requires gardai to be notified of a defendant's alibi.

The second unflagged element of the bill is the extension of the 1972 Offences Against the State Act's provision that the conduct of an accused can be cited as evidence. Under the new draft legislation, association with members of an illegal organisation could be part of the case against a defendant.

The Opposition parties have expressed no strong reservations about the draft legislation.

A Labour spokesman said that one area of potential concern - restriction of the right to silence - was "well targeted", applying only to charges of membership of an illegal organisation.

The Democratic Left spokesman on justice, Mr Pat Rabbitte, described as "odd" a provision in the draft Bill that would require a charged person to explain a failure to deny media reports that he or she was a member of an illegal organisation, and said this would require scrutiny.

The draft bill will be sent to TDs and senators today and will be the main subject for discussion at tomorrow's Cabinet meeting. The Dail and Seanad will meet later this week to enact the emergency legislation.