Catherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

On behalf of the Tánaiste and Minister for Justice and Equality, who, unfortunately, cannot be here, I thank the Deputies for raising this important matter. The Tánaiste is aware of the reports surrounding this tragic case and sympathises greatly with the family and friends of Kieran Monahan. I am sure everyone in this House is conscious of the very serious impact of violent crime on victims and their families.

The Tánaiste is advised by the Garda authorities that the incident in question was the subject of an investigation by An Garda Síochána in 2012. A file was then submitted to the Director of Public Prosecutions, DPP, who directed that there be no prosecution in this case. The Deputies will appreciate that criminal investigations are properly dealt with by An Garda Síochána in the first instance and that the Tánaiste has no role in particular investigations. It must be also stressed that the DPP is an independent body, which makes decisions as to whether a person should be prosecuted and for what offence. Whereas the Tánaiste appreciates the ongoing distress of family and friends in the aftermath of this tragedy, it is not open to her to intervene in regard to the DPP's decisions in individual cases.

It is worth noting that there is provision to allow for certain people, including a victim's family, to seek reasons for a decision made by the DPP. I understand that details of the procedures in this regard are available from the office of the DPP. This tragic case highlights the trauma and damage that can occur where knives are used in dispute situations. There is a robust legal framework in place on the illegal use of knives. Under the Criminal Justice (Miscellaneous Provisions) Act 2009, the maximum penalty for possessing a knife in a public place without good reason or lawful authority was increased from one to five years. An Garda Síochána also has an extended power of search without warrant regarding knives and offensive weapons. It should be noted, however, that many incidents involving knives occur in domestic settings and on the spur of the moment, which increases the challenges for preventative policing and enforcement.

At an operational level, An Garda Síochána proactively targets public disorder and anti-social behaviour, including knife-related crime, through the strategic deployment of Garda resources. In this regard, detective units and divisional crime task forces may be utilised to provide a high-visibility presence in areas such as late night bars to deter and detect possible altercations. Finally, the accelerated programme of Garda recruitment underlines the Government's commitment to tackling all forms of criminality and providing communities with visible and effective policing.

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