Alan Shatter (Dublin South, Fine Gael)

I move:

That Dáil Éireann resolves that section 8 of the Criminal Justice (Amendment) Act 2009 (No. 32 of 2009) shall continue in operation for the period beginning on 1st July, 2011 and ending on 29th June, 2012

The purpose of this resolution is to provide for the continuation in operation of section 8 of the Criminal Justice (Amendment) Act 2009 for a further period of a year from 1 July. One of the most important traits of a democratic society is a justice system that operates free from interference by anyone seeking to wrongfully influence outcomes. Our criminal justice system is made up not only of judges and lawyers but also by the participation of citizens, whether as witnesses or jurors. The latter role is central to our idea of trial by a jury of one's peers. Nothing can be considered more insidious than the targeting of those citizens who are prepared to do their public duty by serving as jurors in order to influence the outcome of criminal proceedings, but that is the reality we must face and it is a matter we, as legislators, have to resolve. The House will share my view that trial by jury must be preserved to the greatest extent possible. However, none of us can be blind to the threat posed to the criminal process by individuals, terrorist groups and organised criminal groups which seek to intimidate jurors or potential jurors. Their aim is to subvert the criminal justice system. We cannot allow that to happen. Therefore, we have to take appropriate and proportionate measures to prevent this interference. To do so we have to make the hard decision that a proper trial by jury is simply not possible in certain limited circumstances.

The measures contained in the 2009 Act were put in place by the Oireachtas to take the necessary action to address the increasing levels of violence by gangs involved in organised crime. I emphasise the point that section 8 of the 2009 Act is aimed at particular types of cases and that the centrality of the jury trial to our system remains intact. The 2009 Act primarily provided for the trial of organised crime offences in the Special Criminal Court unless the Director of Public Prosecutions directed otherwise; the creation of a new offence of directing or controlling a criminal organisation; an increase in the maximum penalty for the offence of participation or involvement in organised crime; a court, with regard to all organised crime offences, to be able to draw inferences from a failure to answer questions or to account for movements, actions, activities or associations; and an increase in the penalty for the intimidation of a witness or a juror from ten to 15 years imprisonment.

The view of the Garda authorities is that these provisions are indispensable to them in tackling organised crime. A large number of arrests have been made under these provisions and charges are being pursued against a number of people, but I would be less than frank if I did not say to the House that, useful as the provisions are, there will be disappointment that they have not proved to be greater benefit in tackling the death and destruction caused by criminal gangs. That is why I have asked my Department to review them to see if there are any further measures we can take.

Section 8 of the 2009 Act is aimed at ensuring organised criminal gangs cannot interfere with the court process to influence the outcome of cases. For this purpose, the section declares that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in relation to certain organised crime offences under Part 7 of the Criminal Justice Act 2006, as amended. I will detail these offences for Deputies presently. The offences are deemed to be scheduled offences for the purposes of Part V of the Offences against the State Act 1939, which means that they will be tried in the Special Criminal Court. However, the Director of Public Prosecutions may still exercise his power to direct that they should be tried in the ordinary courts.

Section 8(4) provides that the section shall cease to be in operation unless a resolution has been passed by each House of the Oireachtas that it continue in operation for a further period. The Dáil and the Seanad passed such resolutions on 29 June 2010 to continue the provision in operation until 30 June 2011.

Section 8(6) provides that before a resolution to continue section 8 in operation is tabled, I must lay a report before both Houses on the operation of the Act in the period under report. I laid such a report before both Houses on 14 June. The particular offences to which the section refers are set out in Part 7 of the Criminal Justice Act 2006, as amended.

Section 71A is the offence of directing a criminal organisation. This offence was inserted by section 5 of the Criminal Justice (Amendment) Act 2009. It is intended to target those who direct the activities of organised criminal gangs. However, it is aimed not just at those who are in a leadership position in the gangs but at all levels of the gangs. The offence carries a penalty of up to life imprisonment.

Section 72 is the offence of participating in or contributing to the activities of a criminal organisation in order to enhance a gang's ability to commit a serious offence or to facilitate a gang in committing serious offences. This offence was inserted by section 6 of the 2009 Act and carries a penalty of up to 15 years imprisonment.

Section 73 is the offence of committing an offence for a criminal organisation. The maximum penalty for this offence was increased from ten to 15 years imprisonment by section 10 of the 2009 Act. Section 76 provides for liability for offences under Part 7 of the 2006 Act where they are committed by corporate bodies, their members, directors and managers.

Deputies will be well aware of the ongoing threat which organised crime presents to society. Unfortunately, there is plenty of evidence of the involvement of criminal gangs in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. There is also no doubt about their willingness to use the most serious violence to protect their own interests and ensure they can continue their activities.

I take the opportunity to praise the Garda Síochána for its ongoing work in tackling these criminal gangs. It continues to deploy considerable resources to tackling organised and serious crime. The Garda organised crime unit has the primary role of targeting organised criminal gangs, working in conjunction with other Garda national units such as the emergency response unit, the Bureau of Fraud Investigation and the Criminal Assets Bureau. Working collaboratively, these units have had and continue to have success in disrupting these criminal gangs.

Deputies will also know that there have been a number of seizures of significant quantities of drugs and arrests so far this year as part of ongoing Garda operations being carried out with the co-operation of the Customs service. In one operation in Slane, County Meath in March drugs to the value of over €750,000 were seized and in another operation in April near Enfield, County Meath almost €1 million worth of heroin was seized. The Garda made arrests in these and many other operations and charges are being brought.

Given the nature of organised crime, the investigation and prosecution process can be lengthy and difficult, particularly given the power that these criminal gangs hold over the people involved with them. However, the Garda Commissioner has made it clear time and again that there will be no let up in the action being taken against these gangs. He has mine and the Government's full support in that approach.

The report which I laid before the House is based on information provided for me by the Garda authorities. It shows that section 8, the subject of the resolution, has not been used in the period under report. While there have been many arrests under the relevant sections of the 2006 Act, no cases have yet come before the Special Criminal Court. This does not, however, invalidate the reasoning for having such a provision available for use should the circumstances require it. The House would be rightly critical if measures to protect the integrity of the criminal justice system were not in place at any time when that system came under threat.

The relevant sections of the Criminal Justice Act 2006 have been used by the Garda on 72 occasions. These arrests have resulted in four persons being charged with offences contrary to section 71A which provides for directing a criminal organisation and section 72 which provides for participating in or contributing to the activities of a criminal organisation in the period under report. However, I emphasise that these arrests have also resulted in other charges being brought, relating to firearms offences, the sale and supply of controlled drugs, robbery, aggravated burglary and other serious offences.

As I stated, the Garda authorities are clear in their view that the provisions of the 2009 Act are indispensable to the fight against organised crime. The Garda authorities also consider that it is of paramount importance that the relevant provision of the Act be extended for a further period. In matters such as this, I must have the utmost regard for the views of the Garda authorities. It essential to ensure the Garda has at its disposal the best possible range of powers to deal with these dangerous criminal gangs.

In combating organised and serious crime, the House has in recent years has brought through a comprehensive programme of criminal law reform. The legislation is making a significant contribution to tackling this type of crime, but I will keep under review the question of whether any improvements could be made to the overall legislative architecture in this area to render it more effective. As I have indicated to the House, I have asked for a specific review of the provisions of the 2009 Act.

Let us be clear: those who are deeply involved in organised crime are desperate people who will stop at nothing to avoid being brought to book. Extreme violence and brutal intimidation are simply a way of life for these thugs. They have no regard for society or the law and we have a duty to make sure the criminal justice system can hold sway over them. To that end, we must ensure that in the most serious of cases, in which jury intimidation is a real possibility, the law has the means available to bring these criminals to account. In the circumstances this is a justified and measured limitation of the right to trial by jury.

On balance, I consider that the period of time for which I propose to renew the section is proportionate. The 2009 Act provided for an initial period of one year for the provision to be in operation before its continuance would be reconsidered. The period now proposed, running from the current expiry date up to 29 June 2012, corresponds to this. Of course, if it is proposed to continue the provision in operation after that date, the Oireachtas will again have to consider the matter. I commend the resolution to the House.

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