Dáil debates

Friday, 10 July 2009

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages

 

Photo of Kieran O'DonnellKieran O'Donnell (Limerick East, Fine Gael)

I support this amendment. I have listened to the Minister's response to the amendment but this amendment brings together what the Minister is trying to achieve, that the evidence based on an expert opinion would be corroborated. This amendment would strengthen the Bill and ensure that it is effective. When the Bill was announced on 13 May the Taoiseach stated "We must ensure that the criminal law is effectively implemented and that the administration is not interfered with through intimidation." Effective administration of the law is required.

Will the Garda Commissioner lay down directions as to who may appear before the Special Criminal Court to give this evidence? We want to ensure that this legislation is effective. We must show gangland criminals, particularly in Limerick after the appalling murders of Roy Collins, Shane Geoghegan and Brian Fitzgerald, that this House means business and that we will ensure that effective legislation is introduced. Deputy Flanagan's amendment is reasonable and is not contrary to the import of the legislation. It requires that the evidence, based on an expert opinion, that a criminal gang exists must be corroborated. The amendment states this in strong terms so that there can be no ambiguity. Will the Minister tell the House, following his discussions with the Garda Commissioner, whether the Commissioner can give instructions as to what rank of garda may give this expert opinion to the Special Criminal Court?

We want this legislation to come into effect as quickly as possible so that we can deal with gangland criminals on the ground to ensure that there are no further murders such as those of Roy Collins, Shane Geoghegan and Brian Fitzgerald in Limerick. Deputy Flanagan's amendment goes to the heart of that aim. It does not contradict the Bill but brings it together in a structured way. I hope the Minister, in the limited time we have to debate the Bill will take on board the bona fides of Fine Gael which wants legislation that will work and will stand up to any form of constitutional challenge.

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