Dermot Ahern (Louth, Fianna Fail)

One cannot do so but because of the passing of the surveillance legislation, it obviates the necessity for witnesses in some cases. The combination of the surveillance legislation and this Bill will give the Garda Síochána far greater powers than it had heretofore in respect of criminal gangs.

The problem since 2006 has been how to establish the existence of a criminal gang. This is what we are endeavouring to do in the section that deals with expert evidence. People asked why this is not given by a chief superintendent but a chief superintendent would have to be briefed by somebody on the ground as to the existence of a gang. The chief superintendent may not even be resident in the particular area and would not be able to give evidence of his own knowledge in court. It is important that the person who gives evidence is someone who has worked in the geographic area on a daily basis for a number of years. Hence the inclusion of former members of the Garda Síochána. The former Assistant Garda Commissioner, Mr. Tony Hickey, who was instrumental in giving evidence on some of the culprits in the Veronica Guerin case comes to mind. It is important that such people, with a wealth of knowledge, are available.

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