Dáil debates

Wednesday, 7 November 2007

3:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

The Deputy has asked a number of questions. Of course it is a matter of concern that detection rates are not higher in crimes of the character to which he referred. However, it is the case and the Garda intelligence suggests that a number of those involved in the commission of these crimes have been apprehended, charged and convicted on other charges and are now in detention. If we are to discuss the phenomenon of gangland crime we need to face up to the fact that the basic need is to ensure that the membership of these gangs are put behind bars.

On surveillance, I indicated the other evening that the question had been put to me out of the blue but that I had on my own account asked the Department to examine the question some time previously. The Department is carrying out an examination of surveillance. However, the Law Reform Commission report to which the Deputy referred simply seeks to put on a statutory basis the investigative powers of the Garda Síochána regarding surveillance. The question of employing surveillance techniques against the gangland criminals is not restricted to the issue of simply having them put under surveillance. It is a matter of knowledge and notice in this House that such individuals are put under intensive surveillance by responsible Garda units. It is a matter of deciding whether the fruits of surveillance can be led in evidence and made admissible in evidence against these individuals. The practice in the State has always been that a great amount of surveillance material is not led in evidence in court. I have asked my Department to examine whether we should maintain the traditional arrangement where surveillance evidence is not generally led in court, for example evidence arising from a wiretap or from visual and auditory surveillance, or render such evidence admissible on a statutory foundation — in practice some of it is admissible already. That issue was not examined in the Law Reform Commission report.

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