Seán Connick (Wexford, Fianna Fail)

Like every other Member of the Oireachtas, I was shocked to learn of the recent senseless death of Shane Geoghegan. The death of this innocent young man who had contributed so much to his community has had a dramatic impact not only on Limerick but on the entire country. The sight of so many Garryowen jerseys in the crowd at last weekend's rugby international showed the high esteem in which Mr. Geoghegan was held and that his death affected many people. It is sad to note that as this debate takes place, Shane Geoghegan should have been in Thomond Park with his friends and club mates enjoying the Munster versus New Zealand match. I, too, extend my deepest sympathy to Shane's family and friends on their loss.

Unfortunately, we must accept that we live in an increasingly violent society. Respect for and fear of law and order is a thing of the past for some. Today's criminals are, as we have seen, sometimes lethal and show no respect for life. They are legally savvy and usually repeat offenders. Regardless of interventions by any number of agencies, these individuals will end up in trouble. Simplistic as it may sound, perhaps some people are unfortunately bad and beyond redemption and must be jailed.

I look forward to the earliest possible introduction and enactment of a number of Bills addressing justice issues. Members of the public expect the House to be hard on crime. The time for talking is over and the Government is committed to acting. Last week, I listened with dismay to the parents of the late Donna Cleary relate on a radio programme the shocking position in which they find themselves.

Last week, a delegation from the Irish Council for Civil Liberties appeared before the Joint Committee on Justice, Equality, Defence and Women's Rights. I noted with interest that the ICCL, in its report, Taking Liberties, took issue with four aspects of the report by the review group on balance in the criminal law. I support the changes proposed by the review group, particularly on the right to silence; the inference of guilt by staying silent; character evidence; the exclusionary rule; and "with prejudice" and fresh evidence appeals. In the case of character evidence, the proposal would give the courts the power to question an accused person about previous convictions, which would be an important development. In the case of the exclusionary rule, the change would allow evidence to be put before a jury, even where it has been collected in a questionable manner. These proposals are of vital importance if we are serious about tackling gangland crime.

All of us accept that gangland activity is escalating. It is difficult to control gunmen who are prepared to hide in the dark with a gun at their side, ready to shoot an innocent victim. We are also aware of the difficulty in providing security in other areas, for example, in preventing suicide bombers. It is very difficult to stop someone who is determined to kill someone. Those involved in the drugs trade are heavily funded, sophisticated and unafraid of taking risks. In this respect, I commend the Garda and Naval Service on the recent seizure of drugs off the coast. There is no doubt that co-operation between the Garda, police forces throughout Europe and our friends in the United States was a major factor in this success.

In 2006 and 2007, the Government introduced legislation specifically targeting gangs and gang membership. New legislation, the covert surveillance Bill, the heads of which were published today, is welcome. Garda numbers have increased to almost 15,000 and the Government has made a commitment to ongoing recruitment of 400 gardaí per annum. The sharing of intelligence and closer co-operation among police forces throughout Europe is welcome, as was the introduction of the Garda emergency response unit in recent months. The Criminal Assets Bureau continues to do great work and has been effective in putting gangland criminals out of business. I welcome the increase in funding of 20% allocated to the CAB this year.

A witness protection programme is in place. Addressing the fear of the community is vital if this programme is to continue to be successful. However, I accept there are difficulties with it in our communities. We have also introduced new procedures to allow prosecutors to use witness statements given to gardaí in interviews when the witnesses in question subsequently retract their statements in court due to threats or intimidation. The whole country was shocked when the trial for murder of a young Limerick man collapsed when witnesses who had identified the suspect suddenly developed collective amnesia. This change of evidence by witnesses will not cause prosecutions to fail in future. Just last month, a defendant was sentenced to ten years' imprisonment in a trial in the Dublin Circuit Criminal Court after being found guilty of a stabbing offence despite the fact that witnesses in the case had withdrawn their evidence. This is the first court case of its type in the State in which prosecutors used their new powers. These new procedures will lead to many of the main players in gangland crime being sent to prison where they belong.

Increased penalties have been introduced for the possession of firearms under the new criminal justice Acts. New regulations on bail will make it much easier for authorities to challenge applications for bail. New mandatory sentencing has been introduced for repeat offenders connected with organised crime. The 2007 Criminal Justice Act made important changes to the right to silence, following recommendations from the criminal law review group, taking recent case law and judgments of the European Court of Human Rights into account. Although the right to silence remains, a court can now draw inferences from the failure to account for being in a particular place or the failure to account for certain marks or objects. Courts can now also draw inference from the failure to mention certain evidence at interview stage which is subsequently raised by the defence at a trial. These changes again strengthen the hand of Garda and prosecutors in dealing with organised criminal gangs.

Legislation to establish a DNA database, to which the Fine Gael Party motion refers, is being drafted and will be presented to the House shortly. The database, when established, will be maintained by the Forensic Science Laboratory. It will be of particular assistance to gardaí investigating crime and will greatly increase the intelligence available to them. The DNA profiles collected by gardaí during their investigations will be held on the database indefinitely and will be of great assistance in freeing up Garda resources by aiding with the identification of suspects and allowing innocent individuals to be eliminated early in an investigation.

Limerick is one of the most heavily policed urban centres in the country, with 626 gardaí on the ground, including 90 community gardaí. Garda numbers in the city increased by 12% in the past year and 40% in the past five years. Closed circuit television is used extensively in the city centre, Moyross and Our Lady of Lourdes. In addition, the area is also covered by 27 gardaí on mountain bikes while covert and overt surveillance and armed patrols take place on a 24-hour basis. Garda emergency response units are also in place. Organised crime is a cancer in society and is damaging many urban communities. This Government is fully committed to fighting organised crime and putting its key players into prison. We have introduced a comprehensive package of legislation which has an impact on the ground and is aiding the Garda in its fight against these criminals. The Government is also committed to tackling the many social problems which afflict urban communities and that have led people into lives of crime.

I commend both the Minister for Justice, Equality and Law Reform and the members of An Garda Síochána for the efforts they have made to date to remove organised crime from our streets. I have no doubt they will be successful in their efforts.

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