Jonathan O'Brien (Cork North Central, Sinn Fein)

The sub-culture of gangland crime is thriving in our society. It knows no bounds and carries on regardless of whether we are in a Celtic tiger period or the current recession. It is often described in the media as the criminal underworld, but it is a very visible way of life for many in large urban areas. It is a plague which, whether we like it or not, some people find attractive. Given the potential riches involved and the apparent impunity with which many gangland figures operate, there is always a danger that impressionable youths with no money, little hope and no real future will see it as a viable way of life. They see it as a means of putting cash in their pockets and having self-esteem.

There is a darker, more sinister side to this plague upon which we all need to shine a spotlight. It is the side that involves drugs, firearms, robberies, extortion, torture, kidnapping and murder. Beyond that lies the misery that gangland crime inflicts on communities through drug addiction, intimidation, fear and a general breakdown of law and order.

When first introduced, this amended legislation was held up as a means of dealing with the rise in gangland crime - a sickness that has found its way into every corner of this State. At the time, we were told that by giving the Garda Síochána those extra powers, which were deemed critical to stem the rise of gangland crime, we would start winning the war and the tide would turn. While there was an understandable rush to stem that tide, I question if we reacted hastily in a knee-jerk fashion. The result was the amending legislation passed by this House previously, the powers within which are up for renewal again today. I wonder if the moral argument on the extra powers given under this amending legislation came into the conversation at that time. There is no legitimate argument for the continuing process of introducing emergency legislation which is not human rights based such as measures to hollow out the presumption of innocence or the removal of the right to a jury trial.

There has always been a wide array of criminal law on the Statute Book to counter serious crime. Sinn Féin has no difficulty in facilitating the introduction of good law to deal with any shortcomings that may exist but the powers that are the subject of this motion, as the Minister outlined, have rarely been used. Adequately resourcing the Garda and maintaining a consistent committed strategy to tackling gangland crime is what is needed. There is a whole new way of utilising the resources available to us and that must also be central to any solution. For instance, how can we justify cutting the budget for Operation Anvil while at the same time spending millions of euro policing the private interests of companies such as Shell in Rossport? There is a stark contradiction in that.

We were told by the Minister's predecessor that this measure was a necessary tool in the fight against serious crime but yet it has resulted in zero cases being sent to the Special Criminal Court. Last year it was utilised 72 times, resulting in four people facing charges but none of them was sent to the Special Criminal Court. Nobody would be happier than I if a mechanism existed whereby the right people were jailed and criminal enterprises were smashed, but that task has been made all the more difficult given the constraints we now face in terms of the EU-IMF bailout and the Minister's recent announcement on Garda recruitment.

I agree with Deputy Calleary that the establishment of the justice committee gives us an opportunity to have a discussion on improving policing and starting to move towards a multi-agency approach to crime prevention and detection. We have consistently called for a wide range of realistic and potentially effective proposals for tackling serious crime in our communities. We would like to see the fast-tracking of the Garda civilianisation programme to free gardaí from administration duties to fight crime on the front line. We have called for increased funding for Garda drug units with enhanced community input. We require an independent oversight of informer handling practices. That is important to prevent a perception developing that there are individuals who may have a close relationship with members of the Garda and who are allowed amass criminal empires. As the Minister will be aware, the Ombudsman office is currently investigating one such allegation where a drugs haulier was allowed to operate with impunity in return for information on others. We hear such stories all too often in our local communities. There is a perception that if people dealing in drugs who are brought in give information to members of the Garda, they are not brought before the courts.

Garda visibility in activities in areas experiencing chronic drug problems is essential. The only way to defeat the drugs scourge and to deal gangland crime a fatal blow in this State is to remove the market for it. We need greater investments in our communities, in education and in better planning practices. These are all strands towards a holistic solution. We would be better off discussing these points rather than the motion on this amendment Act.

We will not be supporting the renewal of these powers. I ask Members to reflect on the growing consensus at home and abroad in regard to the Special Criminal Court and such unnecessary draconian legislation which should removed. The Irish Council for Civil Liberties, the UN Human Rights Committee and ourselves have all expressed concern in the past about its continuing existence and that is the reason we will not be supporting this motion.

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