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Statement by the Minister for Justice, Equality and Law Reform, in Debate on Fine Gael Private Members’ Motion on Crime in the Dáil, 18 November, 2008 I move the amendment.

I welcome the opportunity which the motion before the House tonight gives us to discuss one of the gravest issues which we face:  the threat posed by criminal gangs to our very way of life.

 

That said, the Fine Gael motion is selective in failing to recognise what has been done. 

In  particular,  however inadvertently or thoughtlessly, it sells short the achievements  of  An Garda Síochána whose members day in day out are called upon  to  put  their  lives  on  the  line  in  their efforts to thwart the activities of gangs. 

It  is  because  of  those  efforts  that  many  gang  members who may have considered  themselves  untouchable are behind bars facing long sentences - for which, I can assure the House, there will be no mitigation. 

Let  me  put  something beyond doubt:  I pledge on behalf of the Government that  all  resources of the State will be used in our unstinting endeavours to  ensure  there  will be no hiding place for those who engage in gangland activities. 

That is no empty formula. 

This evening, I can inform the House of important developments in relation to the use of multi-agency checkpoints in the fight against criminal gangs. 

For some years, An Garda Síochána and other State enforcement agencies have piloted multi-agency checkpoints. 

Now, following my discussions with the Garda Commissioner, I can inform the House  that  An Garda Síochána and the other relevant State agencies are to begin a renewed and extended programme of multi-agency checkpoints with the aim  of  applying  relentless  pressure  on  every front to gangs and their criminal enterprises. 

Those checkpoints will include Gardaí from the Traffic Corps and other specialist units of An Garda Síochána and staff from other State agencies, including Customs, Social Welfare and Environment. 

I know members on all sides of the House will say they will support all measures necessary to deal with this menace. 

But  it  is  a matter of record that it has happened before that the strong words of some members in the House in the immediate aftermath of an outrage were   unfortunately   not  matched  by  a  willingness  to  support  tough legislative measures that were brought in to deal with them.  Their initial outrage melted away into vacillation. 

It is not enough to talk tough about crime.  We have, in a clear-headed, steady and determined way, to take the tough measures that are needed. Make no mistake: the fight against those involved in gangland activities is going to be long and has to be waged relentlessly. 

There will be setbacks.   But the Gardaí need to know that we offer them more than fair weather support.  We are with them 100% in this fight.  And if  the intensive measures which they take within the law to deal with this menace  are  portrayed  by  those  affected as some sort of infringement of their  rights, so be it.  It is particularly sickening that those who shout most about their rights are those who have no respect at all for the lives, let alone the rights, of others. 

We live in a State that is founded on the rule of law.  To deviate from that would be to hand a bitter victory to those who have no respect of any kind for the law.   This State has, within the rule of law, faced down challenges in the past.  And we will do so again – using whatever resources are necessary for however long it has to take. I will not detain the House with an analysis of how the existing situation has come about, other than to note that the activities of paramilitary organisations in this jurisdiction did much to bring about a gun culture. It  is  ironic  that  those who often presented themselves as protectors of communities  from the ravages of drug abuse in many ways opened a Pandora's box that left us with the armed gangs we have to deal with today. 

There is no doubt that some of the gangland killings arise in the wake of Garda activity directed against gangs.   That  activity  has  led  to a situation  where  gang  members  have sought retribution against other gang members  as  a  result of its success.  Such killings are, of course, to be deplored.   But the Gardaí cannot, and will not, be deflected from taking every possible action against gangs just because that danger exists. 

We should not in the welter of public debate lose sight of one central fact:  the people responsible for the brutal death of Shane Geoghegan and others were the savage killers who gunned them down - not anyone else.  And what is of the utmost importance now is that we deploy every resource in bringing those killers to justice.  That is exactly what is being done and will continue to be done.  I emphasise this point on a night when Shane Geoghegan’s mother and others close to him are bravely coming forward to appeal to the public to help find his killers – an appeal which we in this House resoundingly endorse. 

This Government and its two predecessors have extensively reformed the criminal law, and we fully intend to continue doing so. 

Many of our reforms are targeted at the fight against gangland crime.  The Criminal   Justice   Acts   of 2006 and 2007 in particular introduced wide-ranging initiatives to strengthen the capacity of the Garda Síochána to tackle serious crime. 

While I do not intend to list every reform I do want to highlight some of the most far-reaching.  In the cases of offences connected with organised crime, such as murder or kidnapping involving the use of firearms or explosives, detention of up to seven days is now possible. 

Our bail laws have been strengthened in order to allow the prosecution to mount a more effective challenge to bail applications, for example opinion evidence from a Chief Superintendent that bail should be refused because the applicant is likely to commit a serious offence is now admissible. 

The circumstances in which inferences may be drawn at trial from a suspect’s silence in response to Garda questioning have been expanded. 

As with all such reforms, it takes time for their impact to be seen in criminal trials.  It is naïve to think that measures we enact in the House one day will immediately transform the situation the next. 

However, we have recently begun to see clear evidence that these reforms are working. 

For example, the figures for 2007 showed a doubling in the number of mandatory minimum sentences of ten years handed down by the courts in drug trafficking cases, compared to 2006.  We have seen the provisions allowing for witness statements which a witness fails to stand over or recants to be used in evidence helping to secure a conviction in a recent trial.  A positive ruling has also been handed down by the courts in respect of the provisions on the drawing of inferences. 

We  will  continue  to  press  forward  with this work of strengthening the criminal  law.   Work is ongoing on the Criminal Justice (Forensic Evidence and  Sampling)  Bill  which  will  provide  for  the establishment of a DNA database for criminal investigation purposes. 

Such  a  database  will,  as  has  been  the experience in other countries, greatly enhance the intelligence available to the Garda Síochána.  I expect to  be  in  a  position  to publish the Bill early in the New Year.  I have already  made  provision in next year’s Estimates Package for my Department for  an  €18m  funding  package  for  new state-of-the-art Forensic Science facilities  and  State  Pathology Laboratory.  This will enable the work on DNA database to proceed once the new legislation is in place. 

My  proposals  for  a  Criminal  Justice  (Covert  Surveillance)  Bill were considered and approved by the Government at the Cabinet meeting today, and I have published the General Scheme. 

The Bill will open up the possibility of intelligence gained through secret surveillance being used in evidence for the prosecution of cases of serious criminal  activity.   In  the  light  of  the  increasing sophistication of criminals,  subversives and terrorists, their use of intermediaries and the associated difficulties in obtaining direct evidence, the use of additionalevidence  is  crucially  important.   The Bill will provide for a system of authorisations  for  covert  surveillance operations which will, as a rule, involve  an  application  to  a judge for authorisation to proceed with the surveillance and where the reasons for the surveillance will be clearly set out before the court. 

The Bill also provides that in cases of exceptional urgency a senior member of  An  Garda  Síochána  or  the  Defence Forces may approve a surveillance operation for a period of no more than 14 days. 

Work  is  also  ongoing  on  the  preparation  of the General Scheme of the Criminal Procedure Bill 2009.  While this Bill is primarily aimed at giving effect  to  the  legislative  aspects of the Justice for Victims Initiative which  I  announced  in  June,  some elements of it will be of considerable benefit  in  our fight against serious crime.  In particular, I am thinking of  the  proposal  that  will  enable  the  DPP to seek a re-trial where an acquittal  is  tainted  due,  for  example, to intimidation of witnesses or jurors.   There will also be a provision on expert evidence, to ensure that the  prosecution  is  given  adequate  opportunity to examine and challenge evidence  being introduced by the defence - in other words, there will be a levelling  of  the  pitch.  I expect to be in a position to seek Government approval  for  the  drafting  of  this  Bill in December with a view to its publication in the spring. 

I note Deputy Flanagan's intention to bring forward a Criminal Justice Bill which  deals  mainly  with  sentences  and  remission.   In  line  with the Programme   for   Government   I   have   the  matter  of  remission  under consideration.   But  I  would  not  like  anyone to delude themselves that remission  is an issue in relation to convictions for murder - for the very simple  reason  that  there  is  no  remission  on life sentences which are mandatory  in  the  case  of  murder.   The  fact is that at present anyonesentenced to life imprisonment can be kept in prison for life.  There is no entitlement  to  any  form  of  release  and we do not release any prisoner convicted  of  murder  who  is  still  considered  a threat.  We have never released  any  person  involved in organised crime convicted of murder.  We have prisoners who have been in prison over 30 years.  In fact, introducing a  tariff of 25 years could act to prevent a Minister detaining someone for longer  than  that,  as inevitably a decision to detain someone longer than the  25  year tariff imposed by a court would lead to judicial review.  The 25%  remission applying to fixed sentences has been operating here for over 100  years,  and  undoubtedly  the  courts  are  aware  of  it  in imposing sentences.   So  what  would  be  achieved  by abolishing remission and the courts  consequently  imposing  lower  sentences?  I doubt too that changes could be made affecting existing sentences which would have been imposed by the courts under the existing system. 

I  will  look at what the Bill will say about civil restrictions on persons involved in organised criminal activity.  But there is no getting away from the  fact  that such restrictions would be very weak in comparison with the offences gangs commit.  I do not think it would be sensible to divert Garda resources from their work to ensure that gang members are locked away for a very long time. 

As  I  say,  I  will consider the detail of the Bill, but I have warned the House  before of the dangers of legislative acts of delusion, in particular ones that, however well intentioned, could actually worsen the situation. 

Not  only is this Government strengthening the criminal law to enable it to respond to present day circumstances, it will continue to provide the Garda Síochána with the resources it needs to prevent crime and pursue criminals.I  will not detail the resources which are being provided to the Gardaí, as they  are  set  out  in  the  Government’s  amendment  to  the motion.  The amendment reflects the fact that in deciding on the estimates this year for my  Department  I  directed  that  absolute  priority be given to the fight against crime. 

For  example,  the  attested strength of An Garda Síochána will increase to almost  14,900  by  the  end  of 2009 from its current attested strength of 14,267.   This  increase  in  the  number  of  Gardaí,  together  with  the flexibility  that  overtime  gives  to the Force, will ensure delivery of a real,  sustainable  increase  in  visible policing for all our communities.Along  with  the  increase  in civilian numbers in An Garda Síochána of 20% since  the  start  of this year alone, it will more than offset the planned reduction  in overtime.  A ringfenced allocation of €21 million will enable Operation Anvil to continue in 2009 with the targeted disruption of serious and organised criminal activity. 

We  cannot  overlook the fact that the demand for drugs is the lifeblood of many criminal gangs in this country. 

Frankly,  anyone, from whatever class or background, who uses illicit drugs is not well placed to deplore the activities of gangs, when in reality they are  complicit  in  those activities.  My colleague, Minister of State John Curran,  is  currently  drawing up the National Drugs Strategy for the next eight years. 

No doubt that Strategy will be debated fully in this House.  I will confine myself  to  saying  that I reject completely suggestions that are made from time  to  time from some quarters that the answer lies in legalising drugs. That  overlooks  completely  the harm that comes from drug abuse and, in my opinion,  would be handing a victory to purveyors of death and destruction. 

The  Criminal  Assets  Bureau  has  been highly successful over the past 12 years  in  tackling the criminals in a very effective and tangible way.  It demonstrates the effectiveness of the co-ordinated multi-agency approach in dealing  with  the proceeds of crime.  The Bureau, which I must acknowledge had  its  origins in proposals put forward at the time by the current Ceann Comhairle,  represented  a  new  form  of  policing designed to disrupt and disable  the capacity of targeted individuals from participating in further criminal  activity.  Work at the Bureau is continuing to evolve in response to  the changing environment.  There has been a huge increase in the number of  trained  asset profilers in 2008, which ensures that CAB has a presence in every part of the country. 

The  Bureau is now looking at the middle ranking criminals as well as their bosses.   These  middle ranking criminals, who are often well-known as drug dealers  in  local  areas,  are  a  constant  provocation  for  parents and community workers who are out there doing their best to protect their youth and keep their local community safe. 

I  also  want  to emphasise to the House that, while in any criminal system there  is an inevitable time lapse between the issuing of a warrant and its execution,  I  am  assured  that the Gardaí will continue to prioritise the enforcement  of warrants of whatever kind against those involved in serious crime.   The  vast majority of warrants relate to monetary penalties.  I am taking  all  the  steps  open  to  me  to  reduce  the burden on Gardaí, in particular  through  outsourcing  the  collection of fines.  I will address further measures in a Fines Bill which I am bringing forward. 

The  use  of  weapons by gang members is a matter of particular concern.  I fully  support the comments which the Garda Commissioner made at the Public Accounts   Committee   last  week  about  licensed  handguns,  and,  as  he acknowledged  at the meeting, this is a matter which I have raised with him on many occasions. 

In  particular,  I  have  made  clear  since I became Minister for Justice, Equality and Law Reform my concern at the number and type of handguns being licensed. 

That  is  why,  at  my direction, my Department and the Garda Síochána have engaged in an urgent and intensive review of the firearms law. That review is now in its final stages. In  addition,  work  is  well  under  way  on the preparation of a Criminal Justice  (Miscellaneous  Provisions)  Bill  which, among other things, will give effect to the proposals emerging from that review. 

My bottom line is this: 

I  do  not  believe  that  as  a matter of public policy we as a people can countenance  a  proliferation of handguns.  While I recognise that the vast majority  of  handgun owners are responsible people, as Minister my concern is  the  safety  of the public, particularly at a time of concern about gun crime. 

I will make a detailed statement in the near future on this matter. 

Tonight I will simply record the fact that from the early seventies, in the light  of  the  Troubles, until a few years ago all handguns were banned in this jurisdiction. 

Following a series of judicial decisions that is no longer the case.  There was no public policy decision to bring about this situation. 

It  is the case that the Criminal Justice Act 2006 made a number of changes strengthening  our  firearms  code.   One  of  the purposes of the Criminal Justice  (Miscellaneous  Provisions)  Bill  will  be  to  make  a number of technical  changes which are necessary to ensure that some of those changes can be brought into operation effectively. 

But  in  the  light  of  the situation which we face, I do not believe that those measures on their own will be enough – I will be going further. 

I  am  conscious  of  the  remarks made by Mr Justice Charleton in a recent judgement  in  a  firearms  case,  and  indeed  remarks made by a number of Deputies in the House, which reflect my concerns. 

The increasing prevalence of handguns has not come about as a result of any deliberate policy decision by the Government or this House.  That situation is  clearly  unsatisfactory,  and  I  will  be  bringing  forward effective proposals to deal comprehensively with it. 

There is simply no excuse for the type of gangland activities which we have witnessed.   Members  of  gangs  bear  complete personal responsibility for their deeds. 

It is no contradiction of that to point out that in the longer term we risk condemning  future  generations  if  we  do  not face up to the deep seated social  problems  which have beset parts of Limerick.  It is in recognition of  that  fact  that  my  Department  was  instrumental  in  initiating and supporting the Limerick Regeneration Project led by John Fitzgerald. 

Indeed  as recently as yesterday the Secretary General of my Department was in  Limerick making a presentation to the Board of the regeneration project dealing  with  developments  in  relation to the services connected with or under  the  aegis  of  my Department.  We totally support that regeneration process  and the unprecedented increase in the number of Gardaí is just one element of my Department’s response. 

I  do  not  stand  before  the  House tonight to claim our criminal justice system  is  perfect and needs no change.  For my part, I pledge as Minister to keep under constant and intensive review all aspects of the operation of our  criminal justice system and continue to bring forward whatever changes are  sensible  and required.  But it serves only to demoralise those in the front  line  who  have  to  face  down  the  evil doers in our midst not to recognise what is being achieved. 

It is against that background that I commend the amendment to the House.