Dara Calleary (Mayo, Fianna Fail)

I welcome the Minister's remarks. My party will support the extension of this legislation, which was introduced by the Minister's predecessor, Mr. Dermot Ahern. I note the Minister's remarks about the comprehensive programme of criminal law reform in recent years. I welcome the fact that he will review elements of it which are probably not performing in the way that had been envisaged. He will certainly have my support in strengthening any such proposals.

The participation of ordinary citizens in the criminal justice process is an essential component of the validity and integrity of that process. Participation through jury service and acting as witnesses is essential in ensuring that the judgment of one's peers is as robust as possible. Jurors and witnesses make significant sacrifices in many cases. Unfortunately, in recent years, they have come under considerable pressure in fulfilling their civic duties. Without their participation, our criminal justice system would collapse along with many pillars of society.

Unfortunately, the centrality of the system has made, and continues to make these people a target of people whom the system seeks to punish. It is absolutely certain that those who target the system, including witnesses and jurors, have no regard for the House, this democracy or the views of the vast majority. They have no regard for human life or the integrity of the justice system. Their concept of justice tends to stop at their bottom line. That lack of respect for human life means this provision is needed and so we must once again renew it.

Section 8 is essential to repel these forces. As a democratic parliament, we must send a strong message that we will not stand for that kind of attitude towards our criminal justice system. It is not just politicians that want to send that message. As the Minister said, the Garda Síochána is still seeking to maintain these provisions. It is important that when we look at the report the Minister has laid before the House, we note that the Garda use only part of the provisions. It shows the Garda is not abusing this, but is treating it with the seriousness we have granted to it within the legislation.

It is noticeable that areas of the legislation are not functioning as strongly as had been envisaged. I acknowledge the election today of Deputy David Stanton as Chairman of the Committee on Justice and Equality, along with Deputy Joanna Tuffy as its Vice-Chairman. I wish them well. When the Minister attends the committee, we might reflect on those areas that are not as robust as they should be. We must try to get as much cross-party agreement as possible to tackle them.

The Minister referred to the ongoing level of organised crime and gangland activity generally. We must ensure that the legislation is as responsive and flexible as possible. Unfortunately, the resources available to these people often mean that they are better equipped than the security services and one step ahead of the law. We must therefore ensure that this legislation is robust. I welcome the fact that the Minister must lay a report before the House every year when seeking to renew the legislation.

The offence of directing a criminal organisation is not just aimed at gang leaders but at the foot-soldiers who perpetrate crimes on their behalf. Other offences include: participating in, or contributing to, the activities of a criminal organisation; committing an offence for a criminal organisation; and being liable for an offence committed by a corporate body on behalf of a criminal organisation. Few would argue that those are significant offences posing a threat to the State. Those committing such offences have no regard for jury trials or witnesses, which is why we must continue to support this provision.

The offence of directing a criminal organisation brings such matters into sharp focus. A number of documentaries, including one recently on RTE, reflected on times when these legislative provisions were not available. Because it was not possible to bring the perpetrators to justice, they continued with their campaigns of destruction in communities around Dublin and elsewhere, regardless of the consequences for the general public. The introduction of these powers and others has ensured that we are now supplying the Garda Síochána with a legal basis to protect citizens from damage to their daily lives through drugs, arms and various other criminal offences.

The section is particularly relevant at this time. This Sunday will mark the 15th anniversary of Veronica Guerin's death. Those are the depths to which these people are willing to descend to protect their citadels and their interests. We should remember that Veronica Guerin was gunned down while doing her job as a journalist in exposing gangland activities. Criminals are still as liable to do that today as they were 15 years ago and unless we robustly support this legislation and ensure it is maintained and flexible, they will certainly do it again. That is why all of us in this House have a responsibility to be careful in commenting publicly on any body that seeks to assist us.

We support the continuation of these provisions. When the Minister attends the committee I would like him to flesh out the reasons some elements of the overall Bill are not as robust as they could be. We will then see what changes can be made. I endorse everything the Minister has said about the role of the Garda Síochána in implementing this legislation. As legislators, we make the laws while the Garda implement and enforce them. We are not exposed to the dangers that members of the Garda Síochána face daily in dealing with criminals. We do not have to carry out surveillance operations or place ourselves in such danger. Members of the Garda Síochána have served, and continue to serve, this State incredibly well. In passing this legislation, we should always remember the sacrifices that members of the force have made in dealing with criminals and protecting citizens. We owe it to them to ensure the legislation we pass is as robust as possible to give the Garda the powers it requires.

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