Charles Flanagan (Laois-Offaly, Fine Gael)

I am pleased to introduce this motion on behalf of the Fine Gael Party. Fine Gael felt compelled to take this action due to the Government's incredibly apathetic and half-hearted response to an escalating gangland crisis.

Following Shane Geoghegan's brutal murder, the Taoiseach and the Minister for Justice, Equality and Law Reform decided to hold a meeting with the Garda Commissioner. Some vague reassurances were given that all was in order in regard to resources and legislation and then it was back to business as usual. In the face of public uproar about the grotesque behaviour of gangland criminals in terrorising their neighbourhoods and plying their evil trade, the Minister belatedly promised some action. This action culminated with today's publication of the covert surveillance Bill, which was promised more than one year ago. While welcome, this Bill is not sufficient to deal with what we have seen in Limerick and elsewhere over the past several years. It is regrettable the Taoiseach or the Minister did not think it appropriate to visit Limerick last week, while it was still in shock. I note, however, that the Taoiseach is in Limerick tonight, and I wish Munster well in its rugby match.

The half-hearted measures announced by the Minister are similar to the promises made following the deaths of Donna Cleary, Anthony Campbell, Seán Poland, Brian Fitzgerald and every other innocent person slaughtered by criminal gangsters in this State. There have been 130 gangland murders in the past ten years. Unlike the rainbow Government's ground-breaking initiative in establishing the Criminal Assets Bureau in 1996, a hands-off approach has characterised Fianna Fáil's response to escalating murder rates and a State awash with drugs.

I pointed out last week that something rotten lies at the heart of the criminal justice system. A cursory glance at the number of bench warrants that remain outstanding confirms this appraisal. A number of serious criminals continue to ply their trade while bench warrants for their arrest are yet to be acted upon. It is significant that Mr. Gerard Dundon, a leading member of the gang thought to be responsible for the death of Shane Geoghegan, turned himself in to police custody last week. A bench warrant was issued for his arrest but it had not been executed. One can still view pictures on the Internet of Mr. Dundon enjoying Hallowe'en festivities when he should have been in prison. Mr. Dundon turned himself in because he was worried about his welfare and, now that it suits him, is availing of the protection of the State. The man thought to have been responsible for the murder of Donna Cleary had no fewer than two bench warrants out for his arrest when he perpetrated his vile act of shooting her dead. These people are laughing at the State's ineptitude in ensuring that criminals pay for their crimes. What is the Minister doing about it? Has he investigated why an outrageous number of bench warrants remain outstanding? What is standing in the way of their execution and what does he propose to do about this fiasco? Urgent action must be taken before more innocent people lose their lives.

The criminals who are arrested are generally released on bail into the community. The Department's own figures indicate that the number of offences committed by suspects released on bail has risen by 60% in four years, from 15,531 in 2004 to 25,097 in 2007. The provisions in the Criminal Justice Act 2007 which provide for the electronic tagging of suspects released on bail have not yet been commenced. This is yet another dysfunction which is completely ignored by the Minister.

I have often remarked in this House that gardaí are forced to fight crime with their hands tied behind their backs because of the pathetic failure of the Government to provide vital resources and equipment. Ten years after it was promised, digital radio is still not widely available to the emergency services. They are forced to rely on analogue, which is unreliable and easily intercepted. In short, it is a danger to the lives of gardaí. The Government has allowed two identical pilot projects to be implemented yet gardaí around the country are forced to rely on their own mobile phones to communicate with colleagues. In the meantime, gangland criminals drive around in bullet proof, top of the range vehicles and live in houses with as much security as bank vaults. As recent reports reveal, many of these houses have been paid for by the taxpayer.

Our remarkably low conviction rate for gangland murder is a source of great shame for this country. In failing to prosecute murderers, the State is failing victims, their families and civic society. Of the 130 gangland murders that have taken place since 1998, only 14 convictions have been secured to date. What is the reason for this unacceptably low conviction rate and what has the Minister done about it? Thus far, the only action he appears to have taken is to slash funding for the Office of the Director of Public Prosecutions. At a time when the DPP's workload is growing at 6% per annum, its budget is to be cut by 3%. The DPP himself has indicated that such a cutback will hamper his office's efforts to investigate the growing number of files coming across his desk. The only action this Minister has taken in respect of conviction rates was to introduce a budget cut to the DPP.

One of the most obvious weaknesses in securing convictions relates to evidence. Last year, new laws were introduced allowing inferences to be drawn when suspects invoked their right to silence but the Minister has failed to introduce new regulations on the type of cautions to be used by gardaí in this context. Consequently, gardaí are nervous about using these new provisions in case a trial is undermined. There is no excuse for this inaction and the Minister must address this gross oversight as a matter of great urgency. Why have no regulations been brought to accompany the changes made by the former Minister, Michael McDowell, to the right to silence and the inferences that can be drawn? This failure is the reason why gardaí are reluctant to use the evidence which we were told they would.

Another area neglected by the Minister is the admissibility of video evidence. When interviewing suspects, gardaí must write out each answer in long-hand. This seriously undermines gardaí and hampers their questioning techniques. Even though video and audio recording should have made long-hand transcription redundant many moons ago, no action been taken to ensure that video evidence is admissible in court and most Garda stations lack video or audio recording equipment. Furthermore, some of the stations that possess the appropriate equipment are not making use of it. The Government claims that a working group is examining the issue. We do not want talking shops; we want action. This gross anomaly must be addressed as a matter of the greatest urgency.

For the few brutal murderers who are convicted, there is a bright light at the end of a short tunnel. They are highly unlikely to serve the mandatory life sentence these Houses have enshrined in legislation. Moreover, irrespective of what they have done on the outside or what they will do on the inside, they will be rewarded with the automatic remission of up to a quarter of their sentences. Even as this fiasco continues, the Government's commitment to establish a judicial sentencing committee constitutes another unfulfilled promise. We do not even possess a central sentencing database that might offer judges some guidelines on sentencing. I would like the Minister to clarify whether he has lifted a finger to deal with this grave problem or if he has seen evidence of his predecessor's fingerprints on a file.

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