Finian McGrath (Dublin North Central, Independent)

I thank the Chair for the opportunity to speak on this motion, which relates to the Criminal Justice (Amendment) Act 2009. This hugely important motion gives us a chance to set out our clear and objective views on the current situation, from a human rights view and in the context of the safety of the citizens of this State. The lives and safety of our people have to be priorities. This does not mean we do not have to be vigilant and careful in case potential cases of miscarriage of justice arise. As an Independent Deputy, my role is to ensure the State has a quality justice system that provides safeguards for its citizens. I welcome this legislation because the issue of organised crime is an exceptional one. It is a huge problem for the State. As the Minister knows, it is also an international problem. That is why co-operation right across the world is fundamental.

We all hear or read about murders, shoot-outs and cases of intimidation, but we should not forget the silent and widespread intimidation of communities. Fear dominates and destroys communities. Whole areas of our cities and towns and being destroyed by gangs. Most cases of intimidation are not even reported to the Garda. We have a duty to face up to that reality. The men and women across this city who have to face intimidation every single night do not make the news headlines. Many of us have witnessed at first hand the fear and coercion that is really bad in many communities that have been abandoned by many politicians and by the State. It is important to deal with this by means of legislation. That is why I am very supportive of this motion. I have witnessed on the ground what is going on. Great courage and bravery have been shown against the odds in many of these communities. In the 1980s, the late Tony Gregory stood up to the drug dealers and spoke out against organised crime merchants at great personal risk. I saw that at first hand. Such brave public service should never be forgotten. Men and women across the north side of Dublin, in particular, have to deal with this and live with it every single day. As a country, as a society and as a State, we have to support those people fully. It is important that we do that.

The Criminal Justice (Amendment) Act 2009 was enacted in July 2009 to put certain additional legislative measures in place to tackle organised crime. Such measures are needed on the ground. Section 8 of the Act provides that certain organised crime offences under Part 7 of the Criminal Justice Act 2006 are schedule offences of Part V of the Offences Against the State Act 1939. Accordingly, the offences in question shall be tried in the Special Criminal Court without prejudice to the power of the Director of Public Prosecutions to direct that a person should not be sent forward for trial by that court. This is the background to this debate.

We have to appreciate that this is not just about the organised criminals themselves. We have to examine the economic and social damage caused by such people. Those involved in organised crime are up to their necks in the cigarette business. That has not been touched on. Such activity leads to loss of tax and loss of jobs. When there is a debate on those directly involved in organised crime, everybody focuses on the drugs trade or armed robberies. The illegal sale of cigarettes is a huge industry for organised criminals. That has to be tackled head-on because significant amounts of money and substantial exploitation are involved. Massive revenues are being lost to the State. As a smoker who buys 20 cigarettes every day, I know that smokers pay a great deal of tax. I will not moan about having to pay it, but I will mention that organised criminals are selling cigarettes on the streets and in communities at a fraction of the price they cost in shops. We often hear about the drugs issue, but there should also be a focus on the cigarettes issue.

As a member of the Joint Committee on Justice, Defence and Equality, I believe we need to invest in disadvantaged communities. Tony Gregory fought for this in the 1980s. I was one of those who welcomed the foundation of the Criminal Assets Bureau in the 1990s. I thought it was important for a State organisation to have the right to take the assets of criminals and organised crime merchants. When the resources and assets of these people are seized, we should consider ensuring they are reinvested into communities like those mentioned by Deputy O'Brien. I know many people are talking about the huge Priory Hall issue and the families who are affected by pyrite. Similarly, many blocks of flats throughout this city and in my constituency could do with a little improvement to give them a bit of a leg-up. The people living in areas where organised criminals are operating on the ground are not looking for a hand-out - they are looking for community facilities. There would be cross-party support for any attempt to ensure the money accrued in this way is reinvested in disadvantaged communities that have to deal with this issue.

I strongly support section 8 of the Criminal Justice (Amendment) Act 2009, which is the important part of that legislation. It makes it an offence to direct a criminal organisation, participate in and contribute to the activity of a criminal organisation for the purpose of committing or facilitating the commission of a serious offence, or commit an offence for a criminal organisation. It also covers such offences as committed by a body corporate. Section 8 is very important as this is the area we need to target. No matter what we say, and we can talk about human rights until the end of the world, our priority must be to ensure that the human rights of our citizens come first. Section 8 must ensure we target these people, get them off the pitch and try to resolve the issues. However, there is no point in dealing with the criminal justice side unless we also look at the broader response, in particular the position of alienated communities.

We also need to look at our policing service. I have seen examples of good practice in regard to people being involved with the drugs squad and similar issues. There are examples of good practice within the system but there needs to be a national policy across communities. There are people in communities who are prepared to take a little extra risk provided they get back-up. The problem is that they often say they do not get the back-up when needed, as I know from walking about my own constituency, meeting people and talking to those who are intimidated on the ground. Many of them have asked me to report incidents in this regard, which I am sure has happened to many other colleagues as well.

The purpose of the Bill is to allow the trials for such offences to take place without a jury in order to avoid the possibility of jury intimidation. We must face this reality but there is no contradiction in challenging it in order to ensure we always have respect for the human rights side. It is stated that if the DPP is of the opinion that jury intimidation is not an issue, he may direct that the offence be tried in the ordinary courts. That is an opt-out clause. If the DPP decides jury intimidation is not an issue, it is in the ordinary courts that the case should be tried.

The reality is there is a huge threat from serious organised crime, particularly in regard to smuggling, including that of cigarettes, but also murder, intimidation and the use of firearms and explosives. A sad point is the lack of response on occasion when incidents happen in poorer communities rather than in more upper middle class areas. Many people feel that if an incident happens in a certain part of the city, it will be forgotten within three days. To have young teenage girls shot in the back of cars is not acceptable in any society. The Minister has heard all the different views. We need to ensure the human rights of every person in the State, including victims, are protected and given the maximum support regardless of whether they are affluent people or those who are unemployed or who do not necessarily have a lot of money or resources.

I welcome the legislation. I will always be a watch-guard on human rights but, when it comes to organised crime, we must face reality and we must have the legislative powers to deal with these people. Otherwise, communities will be destroyed and it will go on and on.

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