Brian Lenihan Jnr (Dublin West, Fianna Fail)

The legislative package already in place for tackling serious and organised crime, including drug trafficking, is recognised as being one of the toughest available to the forces of law and order on the European continental landmass.

As the Deputy will be aware, the Criminal Justice Bill 2004, which is currently at Second Stage in the House, provides for a comprehensive package of anti-crime measures that will enhance the powers of the Garda in the investigation and prosecution of offences. These include a general power with regard to search warrants, including a provision to allow a superintendent to issue an emergency search warrant in certain circumstances, increased detention powers of up to 24 hours for arrestable offences and a statutory power to preserve a crime scene.

In addition, Part 3 makes provision for the admissibility as evidence in court of statements by witnesses who subsequently refuse to testify or who retract their original statements. Furthermore, the Minister is considering bringing forward a number of amendments to the Bill, including a proposal to provide for criminal offences with regard to participation in a criminal organisation.

There is a particular overriding necessity, in view of the recent increase in violent crime involving firearms, to ensure that public safety and security are given priority in any review of policy and legislation on firearms. With this in mind, the Minister has decided to bring forward at an early stage certain proposals for inclusion in the Criminal Justice Bill. The Bill as published contains one of those proposals, to provide for the secure custody of firearms. The Minister proposes to increase the sentences for the more serious range of firearms offences, including the possibility of mandatory minimum sentences in some cases, as well as new offences of illegally modifying a firearm, for example, sawing off a shotgun barrel, and the imposition of severe penalties for this offence.

Operation Anvil launched in May this year by the Garda Síochána is one of the most intensive special policing operations ever undertaken in the State. It is intelligence-driven and is aimed at those involved in gun crime of any kind in the Dublin metropolitan region. This operation involves divisional uniform and detective patrols throughout the region, backed up by national units, overt and covert operations, mobile and foot patrols, random checkpoints at specific locations, searches, execution of warrants and the gathering and collation of high quality criminal intelligence.

Operation Anvil is intended to supplement existing operations to ensure that lawlessness does not prevail, that the threat these criminals pose is met sternly and effectively and, above all, that human life is respected.

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