Dermot Ahern (Louth, Fianna Fail)

The section seeks to prosecute those who control and organise the activities of criminal organisations but who are not necessarily directly involved in the commission of a particular offence. It does not address a whole new area of law. Similar provisions have worked very well in combating illegal organisations under the Offences against the State Act. The definition of directing such activity has been accepted in a substantial number of trials in the Special Criminal Court dealing with paramilitary organisations under the Offences against the State Act. One reason for the inclusion of this offence is an international obligation under the UN Convention against Transnational Organised Crime, to which Ireland is a signatory and, therefore, we are committed to introduce it. However, that is not the only reason. It is clear there are people directing organisations similar to the way in which paramilitary organisations were directed. Previously, people were sent out to carry out particular crimes but there were others behind such activity.

That is exactly what is taking place here. The logic behind scheduling these offences is that the very people directing such organisations but not carrying out the events have a very significant interest and incentive to ensure the trial of an accused person is in some way interfered with. That is the whole point of scheduling directing and participation offences. The faceless people or gang lords oversee these organisations in such a way that they sit pretty while some old patsy is before the court. It is in the interests of such people to ensure the accused person gets off. This is why there is a logic to the scheduling of such offences. The measures are very important and I disagree implacably with the Deputy that there should not be a directing offence. Any Deputy who represents the constituencies where this is a problem will be aware of the presence of people who do not pull the trigger but who direct how, when and who is to be taken out of existence.

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