Jim O'Keeffe (Cork South West, Fine Gael)

That is an answer to one of the many questions I had on the approach. I am advised that provision is made in section 7 of the Criminal Justice (Drug Trafficking) Act 1996. Coincidentally, both Acts to which I refer were enacted while Fine Gael and Labour were in office. What use has been made of that Act and what benefit has it been in bringing to trial and convicting people? My advice is that when hardened criminals and gangland desperadoes are arrested, they remain silent. Provisions already exist, including under the 1996 Act, for drawing inferences from such silence. Why has that not happened already? If this legislation is to be of such benefit in the fight against gangland crime, what is the big difference between it and what already exists?

The provisions in the Bill do not seem to accord with the proposals of the Criminal Law Review Group. Why is this so? Do the proposals go far enough? I understand from the Criminal Law Review Group that any changes we make in this legislation should be accompanied by changes in the judges' rules. Why are we not doing so? It appears we are doing only half the job. The analysis of the review group was very thorough. I would be much happier with an approach that followed its recommendations. I do not understand why the Tánaiste has not proceeded accordingly. In the circumstances, I question whether the changes proposed will be effective in dealing with the fundamental objective of bringing serious gangland criminals to justice.

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