Michael D'Arcy (Wexford, Fine Gael)

The Minister for Justice, Equality and Law Reform and the Fianna Fáil-led Government are heralding the coming into being of the latest in a long litany of criminal justice Bills as another step towards victory in the fight against gangland crime. This is a surveillance-oriented step that was taken by most EU countries years ago and by the US decades ago. Why does the Minister continue to drag his heels? His steps heretofore are having no effect in a situation that clearly requires leaps.

Since 1997, here have been no less than ten criminal justice Bills incorporating a gangland element, but what has happened in the area of gangland crime? So far this year there have been 11 gangland murders, as well as many more non-fatal shootings. This is a total of more than two killings every month since January. In 2008, there were 19 such murders; in 1998, when Fine Gael and the Labour Party were in Government, there were four. The figures do not just speak for themselves; they scream. Ten gangland-orientated criminal justice Bills later, not only has there been no let-up, but there has been an unprecedented increase in such atrocities. The Irish Examiner reported on 22 January of this year that only 21 convictions for gun murders had been secured in the last ten years out of the 161 gun-related killings during the period, with not one person jailed for a gun-related death in 2007 or 2008. It seems the Government has adopted a cure-is-better-than-prevention approach, waiting for a catastrophic event such as the murder of Shane Geoghegan before instituting any change. Any legislation born of such an atrocity must be viewed with much caution.

More worrying still is the fact that even if gangland legislation is envisaged, its inception is a long and drawn-out process. The Fianna Fáil-led Government appears to insist on delaying criminal justice legislation; this is not a recent phenomenon. The Criminal Justice (Illicit Traffic by Sea) Bill, aimed at reducing the importation of narcotics, came into being in 2000 yet was not enacted until June 2003, representing a three-year delay, while the Criminal Justice (No. 2) Bill of 1997, aimed at amending the enforcement of penalties against drug traffickers, was not enacted until May 1999, a significant two-year delay. More recently, the Criminal Justice Bill 2004, which contained provision for admissibility into evidence of witness statements to counter witness intimidation, also lingered for two years before becoming law, finally being enacted in July 2006. Still lingering in Second and Committee Stages, respectively, are the Criminal Justice (Violent Crime Prevention) Bill 2008 and the Criminal Law (Admissibility of Evidence) Bill 2008. These Bills provide for the abolition of automatic remission of sentences in criminal cases and for civil restrictions on persons involved in organised crime, along with changes to the existing evidence laws. Will it be another two years before these provisions are enacted? How can it be that the Minister for Finance is capable of driving through Bills such as the Anglo Irish Bank Corporation Bill 2009 in a matter of weeks? It is clear the Government considers the bailing out of our nation's incompetent bankers a much more pressing issue than the saving of innocent lives and the promotion of criminal justice.

In recent weeks, the prison population has exceeded 4,000 for the first time in the history of the State. This problem is not going away or even easing to any extent. When will the Garda actually be capable of utilising the provisions of this long overdue Bill? Will it be 2010 or, perhaps, 2011? Two or three years does, after all, seem to be the average time it takes to implement any gangland-related legislation. In the meantime, how many more innocent people will have died?

The recently announced embargo on recruitment of gardaí will hardly lend itself to effective enforcement of the new provisions contained within the Criminal Justice (Surveillance) Bill. Our economy has just exited a period of boom and extreme growth, yet not even the large amounts of extra capital and resources available to the Minister could secure a higher detection rate for gang activity. If the Minister could not achieve victory in the fight against organised crime with the Celtic tiger behind him, he certainly will not achieve it without. The implementation of this Bill will require massive amounts of capital and manpower which are no longer readily available, if available at all. Had we followed our European and US counterparts long ago in the enactment of such laws when we had the budget to do so rather than now attempting to play a feeble game of catch-up, the picture being painted would surely be a prettier one.

The Minister has also pledged forthcoming legislation which will make membership and directorship of criminal gangs a criminal offence. How is it that it is not already an offence? Gang violence has been escalating at unprecedented levels on this island over the last decade, yet physical membership and even leadership of these gangs remain entirely legal. Every day our media portray reports and headlines involving known criminal leaders and associates who are roaming our streets freely. Everyone knows who they are and what they do, but this does not appear to be enough to ground a conviction. Yet again, we see the Minister waiting for more inevitable bloodshed before administering the legislative cure, rather than aiming towards prevention.

The Minister has also promised to increase the maximum sentence for intimidation of juries and witnesses from ten years to life imprisonment. This is good in theory but, in practice, even the dogs in the street know enforcement on this island is weak. Maximum sentences are rarely imposed, even for repeat offenders. The Minister cannot even ensure the enforcement of mandatory sentences, let alone discretionary ones. Existing law coupled with the 2006 and 2007 Criminal Justice Acts apparently imposes a mandatory minimum sentence of ten years for offences committed pursuant to sections 15(1) and (2) of the 1977 Misuse of Drugs Act for possession or importation of controlled drugs with a value of more than €13,000.

However, the extent of legislative exceptions to this apparently mandatory sentence means it morphs into an entirely discretionary sentence which is rarely imposed. These mandatory minimum sentences may not apply where there has been a guilty plea by the accused, assistance by the accused to the Garda — this has lately become relevant due to the case of Kieran Boylan — the accused is addicted to controlled drugs, or even where there any exceptional and specific circumstances relating to the offence which would make a sentence of not less than ten years' imprisonment unjust in all circumstances. In addition, with the Judiciary being given leave by virtue of this legislation to have regard to any matters it considers appropriate in its assessment of the suitability of what should have been a mandatory sentence, how can the Minister expect tough enforcement? When even mandatory sentences are being qualified in legislation by vague rhetoric which allows any hardened criminal to excuse himself from such a sentence, there is little or no chance of strict enforcement of any new legislation. The Minister has even stated that he will send gangland bosses and gang members to the non-jury Special Criminal Court for trial. However, one must question the effectiveness of such a threat in light of the brutal killing on 9 April last of an innocent Limerick father, Roy Collins, following the giving of testimony by his cousin, Ryan Lee, against a key associate of the killers. The Special Criminal Court may eliminate the need for juries and the Criminal Justice Act 2007 may allow for witness statements to be admissible in court, but this is of little use when these gangs are willing to kill innocent family members who are far detached from any court proceedings.

The Ministers who are part of the Government's inadequacies are not doing us any service. Instead, they serve only to damage Ireland's international reputation. The nolle prosequi entered by the DPP in the Kieran Boylan case is disturbing. Instead of serving the minimum mandatory sentence as set out by this House, the perpetrator in that case was not even prosecuted. Moreover, he was given a licence to operate as an international haulier. This beggars belief.

It was neither Aristotle nor Plato but Spider-man who said: "With great power comes great responsibility." That statement is pertinent to our situation. Fianna Fáil has been in government for 20 of the past 22 years, in the course of which it has abdicated its responsibility to the public. Many people's response to the 19 gangland murders that took place last year may be that it is okay as long as these people are killing each other. However, there will always be innocents caught in the crossfire. The Minister of State referred to the deaths of Mr. Geoghegan and Mr. Collins in Limerick city. Let there be no more such deaths.

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