Michael McDowell (Dublin South East, Progressive Democrats)

I propose to take all questions together.

It is right that we have this opportunity to discuss a matter which is clearly of the gravest concern to Deputies on all sides of this House and the people of this country. The message must go out from here today that we are unwavering in our support for the Garda Síochána in its efforts to eradicate this evil from our midst. It is a cruel irony that some of what has been happening in recent days may stem in part from the successes which the force has had in disrupting organised criminal activity in drugs and guns. It would be perverse, however, if that fact were to lead to any lessening by the Garda Síochána of its efforts in that regard. That cannot and will not be allowed to happen.

We have passed through a dreadful week of murders, there is no other way of describing it. Every violent ending of a person's life represents a tragedy, but some of the killings we have recently witnessed are especially tragic. I would like to offer my personal sympathy and that of all Members of this House to the families and friends of Alan Cunniffe, Anthony Campbell and Aidan Myers. These victims were engaged in earning a living or going about their lawful business when their lives were so brutally cut short. Any words we say here will offer small consolation to the forlorn relatives and friends of the victims but I believe, not least out of respect for those people, that it behoves us all in this House to show unity of purpose as the democratically elected representatives of the people in confronting the challenges posed by these armed and ruthless gangs.

I have made it consistently clear that irrespective of the circumstances murder is murder. No one is above the law and no one is beneath the protection of the law. The fact that people may have put themselves in the way of violence by their criminal behaviour, including involvement in the killing of others, does not alter that fact. The idea, however, that the gardaí can give round the clock protection to all those who may be at risk because of their involvement in drugs and crime is simply unsustainable. There would be understandable outrage if that was the manner in which the gardaí were deployed. People are entitled to be assured, however, that all steps that can be reasonably taken to deal with this matter are taken.

All killings, regardless of the background of the victim or the method of killing, are the subject of a rigorous investigation by the Garda authorities. The Garda Síochána does not make decisions on the scale or direction of a murder investigation based on the background or history of the victim.

Our legislative provisions for the granting of bail are very stringent. The 16th amendment of the Constitution provided for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious crime by that person. The Bail Act 1997 gave effect to the amendment and tightened up the bail regime generally.

The granting of bail in accordance with the Act, the amount of bail and sentencing are of course matters for the courts which are subject only to the Constitution and the law in the administration of justice. However, I believe it is the view of all Deputies that these provisions should be applied to the greatest extent possible consonant with the provisions of our Constitution. It is a matter of common sense that the ability of the Garda Síochána to deal with persons involved in serious crimes is seriously hampered when persons charged with firearms or drugs offences are freed on bail to commit further offences. That is why I am exploring and taking advice as to further measures that might be taken to address the issues which arise in terms of dealing with bail applications in such cases.

The House should also know that I have this evening signed the custody regulations approved by the Oireachtas earlier today, extending the maximum period of detention available to the gardaí provided for under the Criminal Justice Act 1984 from 12 hours to 24 hours. That is now in operation.

Other legislative measures we have in place are extremely strong. There is 48 hour detention with extension under the Offences Against the State Act and there is seven day detention under the misuse of drugs legislation relating to drugs trafficking offences. The House will be aware that the recently enacted Criminal Justice Act 2006 provides a comprehensive package of anti-crime measures which will enhance the powers of the gardaí in the investigation and prosecution of offences. In addition, the Act contains an essential updating of our criminal law to ensure that criminal offences can be investigated and prosecuted in a way which is efficient and fair and which meets the needs of modern society.

The Act addresses a wide range of matters, including the designation of a place as a crime scene, increased detention powers for certain offences, the admissibility of statements by witnesses who subsequently refuse to testify or who retract their original statements, the creation of new offences related to organised crime and the misuse of drugs, the strengthening of existing provisions on sentencing for drug trafficking offences, provisions to update and strengthen the law on firearms and to deal with anti-social behaviour, and introduces mandatory minimum sentences for the possession of firearms in the circumstances described in the Act.

I have been in regular contact with the Garda Commissioner and his senior management in recent days. The activities of those involved in organised crime, particularly in the greater Dublin area, are of considerable concern to the Commissioner. I have informed the House previously of a number of operations and initiatives which have already been put in place, among which Operation Anvil plays a central part.

As we speak, the gardaí, in the light of recent developments, have begun an intensified campaign aimed at the disruption of the activities of the persons involved. Deputies will appreciate that it would be counterproductive for me to give precise details of what is involved. I can say this — the gardaí must, of course, act at all stages within the law but if the actions which they have been forced to take to disrupt the activities of these people are represented by the persons affected as harassment or persecution then so be it.

The Commissioner has announced that to augment existing operations, he is taking a number of further actions. From tomorrow, an additional 20 officers will be allocated to the organised crime unit at the National Bureau of Criminal Investigation, bringing the total to in excess of 70. In addition to the introduction of Operation Anvil, the Garda Commissioner in November 2005 augmented the organised crime unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity, in particular by arrests, seizing firearms and targeting of individuals and groups. It will focus on individuals known to the Garda Síochána to be involved in organised crime, particularly the trafficking of illegal drugs and firearms.

I want to dispel the impression that might have been given that the drugs unit of the Garda Síochána comprises just 35 members. There are, in fact, some 328 gardaí attached to drugs units nationally, with some 48 of these playing a central co-ordinating role at national level, with the balance attached to divisions across the country, including Dublin. These officers are in the front line in the fight against the drugs menace and they work closely with other specialised units, including the organised crime unit, the special detective unit and other units within the National Bureau of Criminal Investigation and the Criminal Assets Bureau. Furthermore, additional resources will be deployed to provide a significant increase in armed Garda patrols and checkpoints to be undertaken by the special detective unit-emergency response unit in key targeted areas, including those where shooting incidents have occurred in the past.

Operation Anvil will continue at its current high levels of operation within Dublin Garda divisions and in conjunction with national units. Operation Oak, which targeted the late Martin Hyland and his associates since September 2005, will continue to form part of an intensified level of intelligence-led operations. As a result of that operation, 24 persons are before the courts. Following the 2007 Estimates process, the allocation to the Garda will increase by €135.3 million to €1.445 billion, an increase of 10% on 2006.

Against that background, I have been assured repeatedly by the Commissioner and assistant commissioner, Martin Callinan, who is in charge of these investigations that he is not being hampered in dealing with the current situation by lack of resources. Nevertheless, I am keeping under review the general issue of whether further resources may become necessary. If it becomes necessary, I will seek Government approval to do so without delay. I used a colloquialism earlier, which is true. The Commissioner in this struggle has an open cheque book as far as the Government is concerned.

My Government colleagues and I are totally committed to increasing the strength of the Garda. I am informed that the personnel strength of the force increased to a record 13,000 on 16 November, following the attestation of 299 new members. The induction of 280 new recruits to the Garda College on 6 November resulted in a combined strength, of both attested gardaí and recruits in training, of 14,137. Next year more than 275 fully trained gardaí will graduate from the college every 90 days, allowing the Commissioner to focus personnel where they are most needed.

I thank Deputies for raising this matter today. In this House we can and do disagree about many issues. That is the democratic process, which I respect and relish. However, I believe we can and must unite around a clear message that the people involved in these crimes will be pursued relentlessly and that whatever action is necessary for a democratic society to bring their activities to an end will be taken. In that spirit, I have always been prepared in any debate in the House, and will continue to be prepared, to consider sensible and practical proposals put forward by any Member to counteract the menace of organised crime. Moreover, this is not my last word on the deployment of resources or the development of new ideas in tackling crime. I will explore further options over the coming days, which I will make public following consultation with my Government colleagues.

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