Charles Flanagan (Laois-Offaly, Fine Gael)

I wish to share time with Deputies Noonan and O'Donnell. It is with great sorrow that I stand in the House following the brutal murder of Shane Geoghegan last Sunday. I express my deepest sympathy and that of the Fine Gael Party to the Geoghegan family — his parents, Tom and Mary, his brother, Anthony, and his fiancée, Jenna Barry.

In the aftermath of Shane's murder the people of Limerick and beyond have made their voices heard. Their message is clear — they have declared that enough is enough of the terrorism visited upon their city by a handful of evil criminals, whose acts of brutality know no bounds. Today, I am reminded of the grotesque killing of Donna Cleary in March 2006. Her murder was described as a watershed and reform was promised to root out the handful of gangland criminals who are able to get away with murder. Those of us who work in the criminal justice area and who are familiar with the law know that we have a severely dysfunctional criminal justice system. However, it is not until a brutal murder takes place that the public is reminded of the serious inadequacies that hamper the prevention and detection of crime and the pursuit of justice.

I wish to make four points. The first relates to convictions. There have been 130 gangland murders in the past 11 years, but only 14 convictions. Of the 161 gun murders in the State over the past ten years there have been a mere 22 convictions. The Government has attempted to highlight the fact that of the 16 feud-related killings in the past five years, charges are due in ten of these cases and investigations are "live" in six others. In other words, not one person has been charged in the 16 gang-related murders that have taken place since 2003. It is in this context that the Minister for Justice, Equality and Law Reform has decided to slash the funding for the Office of the Director of Public Prosecutions, to such an extent that the director has said his office will not be able to function next year. Where is the deterrent to gangsters to cease killing enemies and innocents if conviction is a remote possibility? This question must be addressed by the Minister and the Taoiseach.

My second point relates to the Office of the Director of Public Prosecutions, which requires urgent attention. The Minister said today that the law provides for trial without jury when it is considered necessary. Why is this option not used by the Office of the Director of Public Prosecutions in gangland cases? This is a serious matter that requires attention and answers.

The third major dysfunction that must be addressed relates to bench warrants. Following the murder of Donna Cleary, my party leader, Deputy Enda Kenny, drew attention to the fact that there had been a failure to act on two bench warrants for the arrest of her suspected killer. This revelation caused outrage and revulsion. However, two years later almost 30,000 bench warrants remain outstanding. Yesterday, in a truly bizarre development, Mr. Gerard Dundon, a leading member of a gang thought to be responsible for much of the mayhem in Limerick, turned himself in to the Garda. A bench warrant for his arrest had not been executed. How many other leading criminals are continuing to terrorise their neighbourhoods and communities while bench warrants for their arrest lie gathering dust? What is the real reason for the failure to execute bench warrants?

The fourth point relates to the Criminal Justice Act 2007 in respect of the right to silence, which both Ministers have mentioned. Inferences can be drawn from using the right to silence. A full year after the implementation of the law it was ruled on by the courts for the first time yesterday. Why did it take over a year for legislative provisions, which we were told by the former Minister, former Deputy Michael McDowell, would deal with the right to silence, to be tested in the court? Where are the ministerial regulations and when were they introduced?

The bottom line is that there is something rotten in our criminal justice system and this rot needs to be stopped before more innocent people are murdered. Shane Geoghegan's murder was an abomination. Such words as "watershed" and "turning point" are thrown around all too often in the House and outside. I submit this slaughter must be the catalyst to bring about real, lasting change. Conviction rates, bench warrants, trial without jury and the full application of the law are just four issues I highlight. The Minister and the Government will have abdicated their responsibility if they fail to act urgently on these and other issues.

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