Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

Section 11 allows a judge of the District Court to permit the re-arrest and detention of a person in respect of an offence for which he or she was previously detained under section 30 of the Offences against the State Act but released without charge. This further period must not exceed 24 hours and can only be authorised where the judge is satisfied on information supplied on oath by a member of the Garda Síochána that further information has come to the knowledge of the gardaí about that person's suspected participation in the offence. It was used on four occasions.

Section 12 makes it an offence for a person to instruct or train another person in the making or use of firearms or explosives or to receive such training without lawful authority or reasonable excuse. It was not used in the period covered by the report.

Section 14 is, in effect, a procedural section which makes the offences created under sections 6 to 9, inclusive, and 12 of the 1998 Act scheduled offences for the purposes of Part V of the 1939 Act. This means that persons suspected of committing these offences may be arrested under section 30 of the 1939 Act. It was used on 52 occasions during the period.

Section 17 builds on the provision in the Criminal Justice Act 1994 providing for the forfeiture of property. Where a person is convicted of offences relating to the possession of firearms or explosives, and where there is property liable to forfeiture under the 1994 Act, the court is required to order the forfeiture of such property unless it is satisfied there would be a serious risk of injustice if it made such an order. The section was not used in the reporting period in question.

As the report indicates, a number of sections, namely, section 4 on the drawing of inferences from the statements of an accused person that he or she is a member of an unlawful organisation, section 6 on directing an unlawful organisation, section 12 on training persons in the making or use of firearms, and section 17 on forfeiture of property, were not utilised during the reporting period. It should, however, not be inferred from this lack of use that these provisions are in some way redundant or unnecessary. For example, section 17 was only used for the first time during the 2011-12 reporting period, despite being present since 1998.

The existence of the provisions means that members of terrorist groups are aware that the State remains resolute in its determination to use every lawful means to defeat them. I might point out, incidentally, that they are far from being redundant. Section 12 will, in effect, be strengthened by a provision in the forthcoming legislation to give effect to the Council of Europe Convention on the Prevention of Terrorism.

In that regard the Government has approved the drafting of the relevant Bill. The Bill, when enacted, will amend the Criminal Justice (Terrorist Offences) Act 2005 to create the three new offences of public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. These offences will carry sentences of up to ten years on conviction on indictment.

As I have already stated, terrorist groups remain a threat to the existence of this State. They are opposed to the benefits that have flowed from the peace process and are determined to undermine it. The State must retain, in its laws, the capacity to defeat them.

On the basis of the information set out in the report and on the advice of the Garda authorities, I consider the relevant provisions of the 1998 Act should remain in operation for a further 12 months commencing on 30 June 2013. I commend the motion to the House.

I turn now to the second motion, which states 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 30th June, 2013 and ending on 29th June, 2014."

This resolution will provide for the continuation in operation of section 8 of that Act for a 12 month period beginning on 30 June 2013. In the context of that legislation I remind the House of the background to the 2009 Act, lest anyone believe it was an over-reaction to a non-existent threat. At the time there had been an increase in the level or organised crime. Organised gangs had shown a particular ruthlessness in their activities, including attacks on witnesses and intimidation of jurors. As a result the Garda was encountering difficulties in persuading people to give assistance in its investigations. The complete disregard which these gangs showed for human lives threatened to subvert the entire justice system. In the circumstances, it was imperative that the Government, and the Oireachtas, take the necessary steps to ensure that the criminal justice system was robust enough to withstand the assault launched upon it through intimidation and violence of witnesses and jurors. The measures contained in the Criminal Justice (Amendment) Act 2009 were designed to tilt the balance firmly in favour of the rule of law and justice and instil confidence that criminal gangs will not be permitted to frustrate criminal investigations or prosecutions of their activities.

In the context of the very real threat these gangs posed, the Act provides for a limited number of specific organised crime offences to be prosecuted in the Special Criminal Court. The proposal to use the court for a limited number of organised crime offences removed the possibility of jury tampering or intimidation of jurors. The purpose of section 8, therefore, is to ensure that organised criminal gangs cannot interfere with the criminal process to determine the outcome of cases. To this end, 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 regard to certain offences. The offences in question are the organised crime offences under Part 7 of the Criminal Justice Act 2006.

Briefly, these offences are directing the activities of a criminal organisation - section 71A of the Criminal Justice Act 2006); participating in or contributing to certain activities of a criminal organisation - section 72; committing a serious offence for a criminal organisation - section 73; and liability for offences committed by a body corporate - section 76.

Section 8 of the Criminal Justice (Amendment) Act 2009 makes these scheduled offences for the purposes of Part V of the Offences against the State Act 1939. While this means that the Special Criminal Court will hear prosecutions for the offences in question, the Director of Public Prosecutions may still exercise his power to direct that the offences should be tried in the ordinary courts. Permitting the DPP this discretion maintains the fundamental balance in deciding which cases are appropriate to be tried in the Special Criminal Court.

A further bulwark in maintaining this balance is provided in section 8(4) of the 2009 Act. It provides that the section shall cease to be in operation unless a resolution has been passed by each House of the Oireachtas resolving that it should continue in operation for a further period to be decided by the Oireachtas. As I have already said, that is the purpose of moving today's resolution

To enable the House to decide on the continuation of section 8, subsection (6) provides that before a resolution to continue section 8 in operation is passed, I must prepare a report, which shall be laid before both Houses, on the operation of the section in the period under report. The report, covering the period from 1 June 2012 to 31 May 2013, was laid before both Houses on 17 June 2013.

The reasons for which the Government and I, as Minister, are seeking the renewal of section 8 are clear. Organised crime continues to present a significant law enforcement issue with a number of criminal gangs continuing to engage in serious crimes. There is, unfortunately, plenty of evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Given the nature of organised crime, the investigation and prosecution process can be lengthy and difficult. This is particularly so given the insidious power that criminal gangs hold over their members and, regrettably, within the communities in which they live. The 2009 Act has been in operation for over four years and while there have been arrests under the relevant sections of the Criminal Justice Act 2006, no cases have yet come before the Special Criminal Court in accordance with section 8.

This does not, however, invalidate the reasoning for having such a provision available for use in appropriate circumstances. Let us be clear - if criminals are prepared to take human life, then they are quite prepared to subvert the system of justice. Accordingly, there is necessity for legislation that anticipates this possibility to be in place. There is a responsibility on me as Minister, on the Government and, indeed, on the House, to ensure that our criminal law contains appropriate provisions to ensure the effective administration of justice by the courts. In my view section 8 is necessary in this regard. The use of the Act to date also serves to highlight the considered approach of the DPP and vindicates the way in which the provision is constructed, allowing her to exercise her discretion to direct that cases would be tried in the ordinary courts.

In the report to me on the operation of section 8, the Garda Commissioner is of the clear view that this provision is likely to be required for some time to come. As Minister for Justice and Equality, I must have the utmost regard for the views of the Garda authorities in matters such as this. It is essential to ensure that the Garda have at their disposal the best possible range of powers to face up to organised criminal gangs.

In the period under report, there have been a total of 41 arrests under the relevant provisions of the Criminal Justice Act 2006. One arrest was made under section 71A, directing the activities of a criminal organisation, 35 arrests were made under section 72, participating in or contributing to certain activities of a criminal organisation, and a further five arrests were made under section 73, committing an offence for a criminal organisation. Charges have resulted in 12 of these cases for a variety of criminal offences including aggravated burglary, vehicle theft, arson, handling of stolen goods and the DPP has directed further charges of extortion in two cases. Eight individuals have been charged since the commencement of the 2006 Act, two under section 71A, directing the activities of a criminal organisation, and six under section 72, participating in or contributing to certain activities of a criminal organisation. Three individuals have been convicted under section 72 and have received sentences of three years in one case and nine years in the other two cases. This includes the two individuals originally charged under section 71A.

Five other charges preferred under section 72 were subsequently withdrawn by the DPP. However four individuals were convicted of conspiracy to rob and subsequently received custodial sentences of between two and five years duration. One other individual was convicted of offences under the Misuse of Drugs Acts 1977-84 and received five years in prison.

The Garda authorities devote considerable resources, from across the Garda organisation, to their efforts to tackle organised crime and they deserve our praise for the successes they have had against a number of those involved in these criminal gangs. Furthermore, the Commissioner has made it clear time and again that there will be no let up in the action taken against these gangs. He has the Government's full support in that approach.

Let me be blunt about it - the individuals involved in organised crime are ruthless people who will stop at nothing to avoid being brought to account for their crimes. Violence and intimidation are a way of life for these people, as we have seen from some of the incidents that have taken place in recent years. We, that is, the Government and the Oireachtas, have a duty to make sure that the criminal justice system is equipped to prevent them undermining our core values. To that end, we must ensure that in the most serious of cases, where jury intimidation is a real possibility, the law has a means available to bring serious criminals to account.

On balance, I consider it is necessary to continue section 8 in operation for a further period. The period now proposed will run for a period of 12 months beginning 30 June 2013. I commend the motion to the House.

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