Joe Carey (Clare, Fine Gael)

I welcome the publication of this Bill as an instrument in the State's ability to fight gangland crime in particular. It is worth noting that 16 other Acts are referred to in this Bill, including legislation covering courts, criminal law, defence and finance. I would like to see the term "gangland crime" in the Title of theBill. We still talk of subversive and terrorist threats, but the landscape has changed. While I do not question the substance of the initiative, it is almost as if we are afraid to acknowledge openly the specific modern threat gangland crime poses to our society.

Many members of the Oireachtas have tried to enact proposals such as those contained in this Bill in recent times, with little support from Government parties. In 2007, the then Minister for Justice, Equality and Law Reform stated similar proposals were unnecessary and would alert criminals to Garda investigative techniques.

The events in Limerick over the past six months, including the murder of Mr. Shane Geoghegan and the recent murder of Mr. Roy Collins, notwithstanding the previous murder of Mr. Brian Fitzgerald, have brought us to what could be termed our very own appalling vista. The murder of Mr. Collins, in particular, was designed to frighten people against giving evidence in court that could put leading criminals behind bars. This is not a position in which any society wants to find itself. In some ways, this Bill lightens the load on people as witnesses whose evidence heretofore may have been the only option gardaí had to secure conviction against gangland members. This is a welcome development.

This Bill, and its potential, was played somewhat cynically following the last atrocity in Limerick just two weeks ago. The impression had to be given that something was being done. I listened to the Minister for Defence, Deputy Willie O'Dea, talk about it within 24 hours of Mr. Collins's murder and since then much has been written and spoken about regarding various aspects of this Bill.

There has been a public presentation on how a member of a gang could introduce countermeasures before the State gets a chance to enact the provisions of this Bill. In the Government's headlong rush to be seen to be doing something, the Minister has made true his comments in 2007 that criminals are now even more alert to Garda investigative techniques. Some media reporting has actually provided a comprehensive list of potential locations for surveillance equipment, which is a helpful manual for criminals.

Having said that, there are measures in the Bill which will help in the fight against organised crime. Fine Gael welcomes its publication and we urge its implementation immediately. In fact, we have called for such a Bill for a very long time. Covert surveillance legislation is critical in the battle against modern day organised crime. Hours and hours of criminal monitoring takes place in this State, but until now gardaí could not use this material in a criminal trial. Due to this barrier, gardaí have been fighting a very difficult battle. I welcome the Minister, Deputy Dermot Ahern's commitment to addressing this situation.

If we are to really tackle gangland crime in this country, we need to unleash a holy war on illegal drugs. The free availability and increased amounts of drugs on the streets of our cities, towns and villages are fuelling gangland crime. No part of our country is free from drugs. The monumental failure of Government to properly resource the Garda Síochána and the Customs and Excise service with the proper numbers of people and equipment makes our State an easy target for crime bosses.

It is simply outrageous that Customs and Excise currently has just one boat to patrol the entire coastline and only one mobile scanner for use at the country's shipping ports. One cannot tackle the drugs problem in this country if agencies such as Customs and Excise and the Garda Síochána are not properly resourced.

This Government's threat to target rural Garda stations with closure is most regrettable. In my own constituency of Clare, I want to say to the Minister of State "hands off" our vital network of rural Garda stations. Stations in Quin, Newmarket-on-Fergus, Crusheen, Lisseycasey, Doonbeg, Labasheeda, Kilmihil, Broadford, Mountshannon, Ballyvaughan, Corofin and Inagh are vital. Many housing estates have sprung up in these areas in recent years. Instead of cutting back resources and threatening to close stations, the Government should be channelling resources into community Garda stations and ensuring that they remain open.

In 1997, we were promised a policy of zero tolerance on crime by a Fianna Fáil Minister for Justice. Since then, the State has witnessed some 140 gangland murders with a mere 14 convictions. The average sentence served by murderers is only 15 years. Fine Gael wants the crime of murder to carry a mandatory sentence of 25 years and it welcomes the comments of the Minister of State, Deputy Peter Power, in that regard.

I would like to ask the Minister some specific questions about the Bill. In the definitions section of the Bill, section 1(10)(c) the Minister refers to excluding a surveillance device, specifically a camera, to the extent to which it is used to take photographs of a person, or a thing, in a place to which the public have access. I understand the Minister's logic. Undue intrusion on members of the public is not what this legislation is about, but the question of whether it places restrictions on members of the Garda in clearly identifying persons on whom they are carrying out surveillance must be asked.

Section 5(8) of the Bill outlines a three month period for which the surveillance can apply with the option of a renewal for a further three months. Is it correct that, in total, surveillance on a suspect can only go on for a continual period of up to six months? If this is the case, does the Minister believe this is enough time for the Garda to establish and build a case against a person? Are there provisions to extend the period of surveillance beyond six months if this is deemed necessary?

This Bill fulfils the need to protect the integrity, effectiveness and security of a system of surveillance implemented by designated officers of the State. It allows evidence gathered in this manner to be admissible in court for the first time. This is a welcome development. The Bill cautious in nature and respects the International Convention on Human Rights. I hope that we will, in a short time, see the benefits of the legislation. It is largely an operational measure for the collection of evidence and I hope, despite the amount of publicity about its imminent arrival, it ultimately will be effective.

The gardaí in Limerick have an exemplary track record in solving crime and bringing to justice the perpetrators of murders. This legislation will, I hope, allow the Garda Síochána to go after more senior gang members, who have until now allowed the foot soldiers and those younger members wishing to progress through the ranks to carry out the murders that continue to shock and outrage the ordinary people of this country. Those in custody for the Collins murder are 19 and 22 years old.

I hope the Minister will continue in this vein of introducing legislation on gangland crime — legislation of an operational type which gives more practical powers of investigation to the Garda, whose members are on the ground battling day in, day out against gangland crime. I also hope the Government will not place any funding obstacles before either the Garda or the DPP in their fight against organised crime.

There has been an escalation of activity against innocent people with no connection to the activities of gangs. This cannot be allowed to develop any further. The Government's attitude must change from reactive to proactive and I welcome this legislation as a small, distinct step in that direction.

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