Finian McGrath (Dublin North Central, Independent)
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Question 7: To ask the Minister for Justice, Equality and Law Reform the position regarding strategies to deal with the recent gangland murders in the State. [16882/05]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The legislative package already in place for tackling serious and organised crime, including drug trafficking, is recognised as being one of the toughest available to the forces of law and order on the European continental landmass.

As the Deputy will be aware, the Criminal Justice Bill 2004, which is currently at Second Stage in the House, provides for a comprehensive package of anti-crime measures that will enhance the powers of the Garda in the investigation and prosecution of offences. These include a general power with regard to search warrants, including a provision to allow a superintendent to issue an emergency search warrant in certain circumstances, increased detention powers of up to 24 hours for arrestable offences and a statutory power to preserve a crime scene.

In addition, Part 3 makes provision for the admissibility as evidence in court of statements by witnesses who subsequently refuse to testify or who retract their original statements. Furthermore, the Minister is considering bringing forward a number of amendments to the Bill, including a proposal to provide for criminal offences with regard to participation in a criminal organisation.

There is a particular overriding necessity, in view of the recent increase in violent crime involving firearms, to ensure that public safety and security are given priority in any review of policy and legislation on firearms. With this in mind, the Minister has decided to bring forward at an early stage certain proposals for inclusion in the Criminal Justice Bill. The Bill as published contains one of those proposals, to provide for the secure custody of firearms. The Minister proposes to increase the sentences for the more serious range of firearms offences, including the possibility of mandatory minimum sentences in some cases, as well as new offences of illegally modifying a firearm, for example, sawing off a shotgun barrel, and the imposition of severe penalties for this offence.

Operation Anvil launched in May this year by the Garda Síochána is one of the most intensive special policing operations ever undertaken in the State. It is intelligence-driven and is aimed at those involved in gun crime of any kind in the Dublin metropolitan region. This operation involves divisional uniform and detective patrols throughout the region, backed up by national units, overt and covert operations, mobile and foot patrols, random checkpoints at specific locations, searches, execution of warrants and the gathering and collation of high quality criminal intelligence.

Operation Anvil is intended to supplement existing operations to ensure that lawlessness does not prevail, that the threat these criminals pose is met sternly and effectively and, above all, that human life is respected.

Finian McGrath (Dublin North Central, Independent)
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Does the Minister of State accept there is a major crisis with regard to gangland murders, particularly in Dublin? Nine people have been killed this year so far in gangland murders. Does the Minister of State agree that this figure is too high and unacceptable? Does he accept that life is cheap for some of the people involved in gangland murders? Many people thought things would change after the tragic murder of Veronica Guerin, but the same types of crime are still taking place.

Does the Minister of State accept that we need more young active gardaí involved, particularly in the drugs squad, and that we need a more focused response to drug dealers and gangland leaders? I welcome the Minister of State's comment that these operations should be intelligence-driven as this is the key to any strategy. Is the Minister of State amazed that many of our constituents can tell us the known locations of drug dealers operating in our constituencies and selling drugs openly and that our local communities are being intimated? What strategies are in place to deal with this kind of situation?

Does the Minister of State accept that our citizens demand action on these gangland murders, particularly the vicious, cold and horrific murders on our streets? It is all very well to respond rapidly to a particular crime but residents and constituents are asking Deputies whether the Government has any serious crime prevention strategies to deal with killers and murderers in a focussed manner. We need such strategies if we are to prevent murders rather than being obliged to preserve crime scenes after they have occurred. Many innocent people have been traumatised and intimidated by the criminal gangs that control estates and blocks of flats. It is horrific to have to live in such complexes after 9 p.m. I ask the Minister of State to make this matter an urgent priority in the coming weeks.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy has asked some interesting questions. It is important to realise that terms like "gangland killing" and "organised crime" are widely used by the media to refer to certain serious crimes, including unlawful killings of the kind to which the Deputy referred. The media also often suggests that the victims of such crimes were "known to the Garda". The Garda Síochána subjects all murders and violent crimes to detailed and thorough investigation, regardless of the terms used to classify such incidents in public commentary. Caution is necessary when ascribing a motive to a particular incident because this could potentially jeopardise the proper investigative and prosecution procedures which need to be followed by the Garda authorities. All criminal organisations have used violence and intimidation and will continue to do so. As Deputy Finian McGrath correctly stated, we need to put a strategy in place. Our citizens demand action in respect of matters of this nature.

Organised crime, which is not a new phenomenon, creates a climate of fear among the general public and among the criminals involved. There are potentially huge profits involved in organised crime and to these criminals, money is power. Many of them are prepared to take whatever action is deemed necessary to protect their positions, including resorting to violence and, in certain cases, committing murder. Killings within the criminal fraternity are usually well planned and conducted. By their nature, they are often more difficult to resolve than other forms of crime. There are often fewer evidential links to aid the Garda's investigations of such matters. I outlined the official strategy for dealing with these matters in my initial reply.

The Minister for Justice, Equality and Law Reform is in regular contact with the Garda Commissioner to ensure that all necessary steps are taken to combat serious crime. Like the Minister, I have met the Garda Commissioner and other senior Garda personnel on many occasions to discuss crimes which might be categorised as gangland or organised crime. The Commissioner is satisfied that the necessary operational and financial resources are being directed towards the containment and detection of such crimes. The Commissioner has assured me that no effort will be spared in the drive to solve such crimes and to bring those involved to justice.

The establishment and operation of the Criminal Assets Bureau is one of the major crime prevention strategies that has been adopted by the State. The bureau continues to enjoy considerable success in depriving persons engaged in criminal activity of the proceeds of such activity. The bureau's activities entail an element of prevention because the removal of the financial substratum of organised criminals leads to the elimination of their capacity to engage in crimes such as those to which Deputy Finian McGrath refers. I am sure the Deputy is aware that the remit of the bureau involves confiscating, freezing or seizing criminal assets, ensuring that criminal proceeds are subject to tax and investigation and determining the eligibility of claims for benefit or assistance under the social welfare code made by criminals or those suspected of criminal activity.

Since its statutory inception in October 1996 up to 31 December last, the Criminal Assets Bureau obtained interim and final restraint orders in the value of over €52 million and €23 million, respectively. In the same period, taxes and interest demanded were in excess of €81 million and over €72 million of this was collected. In addition, social welfare savings amounted to over €1.7 million. The Criminal Assets Bureau has enjoyed substantial success and its innovative approach is much admired in other jurisdictions.

David Stanton (Cork East, Fine Gael)
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What does the Minister of State mean by the term "secure custody of firearms"? How many firearms are stolen in this country each year? How many of these are later used in the commission of criminal offences and murders? Has the Government considered an amnesty in respect of illegally-held firearms? Recent reports suggested that such a possibility is under consideration. Is that notion being examined or is it dead in the water?

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I regret that I am not in a position to assist the Deputy in that regard. The Minister has indicated his intention to stiffen existing firearms legislation. I will draw his attention to the Deputy's suggestion that an amnesty be considered in that context.

David Stanton (Cork East, Fine Gael)
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I did not suggest an amnesty; I merely asked whether it is being considered.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am not in a position to deal with that.

Jim O'Keeffe (Cork South West, Fine Gael)
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I was interested by the Minister of State's comments about the Criminal Assets Bureau, the establishment of which was one of the outstanding successes of the rainbow Government. I have wondered for some time whether there is a case for extending the bureau's powers. Would the Minister of State support such an approach? Although the bureau has been successful, its powers may be limited in some ways. In light of its major success, the House should be prepared to consider any reasonable proposals for an increase in its powers.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Deputy Jim O'Keeffe is gilding the lily somewhat when he suggests that the establishment of the Criminal Assets Bureau was a major success of the rainbow Government. As I understand it, the Bill that led to the bureau's establishment was initiated by Deputy O'Donoghue when he was in opposition.

Jim O'Keeffe (Cork South West, Fine Gael)
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Oh God.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The then Government displayed a generous and constructive spirit by agreeing with the recommendation made by Fianna Fáil, which was then in opposition.

Jim O'Keeffe (Cork South West, Fine Gael)
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Mr. Barry Galvin was the author of that legislation. I do not want to hear the Minister of State's spin on the matter.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The drawing up of the legislation that established the Criminal Assets Bureau involved a detailed compromise of conflicting interests in the constitutional sense. It would not be easy to revise that sensitive legislation. I understand that the Department has just completed an exercise of revision of it.

Jim O'Keeffe (Cork South West, Fine Gael)
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Can the Minister of State outline the outcome of that exercise?

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I refer to the revising legislation that was recently enacted by the House.

Jim O'Keeffe (Cork South West, Fine Gael)
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The legislation in question gave the Criminal Assets Bureau a minor increase in powers.