Brendan Howlin (Wexford, Labour)
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Question 5: To ask the Minister for Justice, Equality and Law Reform his views on the figures contained in the recent Garda report for 2005 which shows a further increase in the number of headline offences; his further views on whether taken together with the provisional figures for the first quarter of 2006, the report shows a worrying deterioration in crime; the action he intends to take arising from the increase in the number of serious crimes; and if he will make a statement on the matter. [22154/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I consistently emphasise that care must be taken in interpreting statistics, especially when considering short-term fluctuations and extrapolating trends over short periods. I emphasised this when the level of crime decreased and, on occasion, when it increased. I have indicated my concerns at recent trends but we need to be conscious of what the figures taken over a prolonged period show. The level of headline crime in 2005 was lower than that for 2003 by 1.6% and for 2002 by 4.4%. Furthermore, in 1995, when we had a population of almost 3.6 million, there were 29 crimes per 1,000 of the population, while in 2005, with a better crime recording system and a population of more than 4.1 million, there were 24.6 crimes per 1,000 of the population, in other words, 15% crimes less per 1,000 of the population. By way of comparison, during 1995 and 1996, when the population was 600,000 fewer than now, there were 102,484 headline crimes and 100,785, respectively, although they are strictly comparable with current categories. These are equivalent to 29 crimes per 1,000 population in 1995 and 28 per 1,000 in 1996.

While no level of murder is acceptable, Ireland has one of the lowest murder rates in the western world. For example, figures recently published by the Scottish Executive show that between 2000 and 2002 the average homicide rate per year in Scotland was 2.27 per 100,000 head of population. In Glasgow it was 6.29 per 100,000 population. By comparison, in the same period Ireland had an average annual homicide rate of 1.89 per 100,000 population and the rate in Dublin was 2.12. Part of the increase in the crime figures for 2005 and the first quarter of 2006 reflects increased enforcement activity on the part of the Garda.

Operation Anvil has been expanded outside Dublin. For instance, earlier, in County Westmeath two armed robbers were apprehended as part of this operation and I congratulate the Garda on that success. The crime figures are challenging but I would not like to demoralise the Garda. In a changed Ireland when it comes to crimes per 1,000 head of population the force is doing better comparatively than ten years ago.

Brendan Howlin (Wexford, Labour)
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I also congratulate the Garda on successfully apprehending two armed robbers in County Westmeath, which is good news. A total of 101,659 headline offences were recorded last year, meaning almost 2,000 serious crimes were committed each week, or 279 each day. The number of homicides increased by almost 60%. Guns were used in 75 murders between 1998 and 2004 but proceedings were initiated in only 26, or 35%, of cases and convictions recorded in only 12, or 16%, of cases. The public is worried about these issues. Is Operation Anvil the solution? Should it be rolled out on a national basis and resourced properly? Has the Minister a strategy to deal with the increasing viciousness of those involved in the drugs business in Dublin and throughout the State? Are the resources available to the Garda, including specialist units and overtime provision, adequate to ensure these alarming figures do not increase?

Michael McDowell (Dublin South East, Progressive Democrats)
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I agree with the Deputy that firearms homicides are a major concern. I also agree it is difficult for the Garda to detect them not because of the firearms used but because the great majority of such homicides are carried out by members of small gangs who are impervious to ordinary pleas of humanity and who are gripped by a sense of viciousness towards the people they deal with. One of the problems is their victims are frequently members of similar gangs.

Brendan Howlin (Wexford, Labour)
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They are terrified by them.

Michael McDowell (Dublin South East, Progressive Democrats)
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Witnesses are unwilling to co-operate in many cases with the Garda in the detection and prosecution of these offences. I have provided immense resources for the force and I informed the Garda Commissioner on a number of occasions that if he believes he can get more value for additional resources under Operation Anvil, I will give him 100% backing. A budget of approximately €11 million has been provided for the operation this year. The Commissioner was recently advised that an additional €10 million is available for further operations to tackle gun-related crime. A substantial number of firearms has been seized but not all firearms have been seized and while they are available, the Garda faces a threat that is difficult to counter.

My strategy is to back the Garda Commissioner with resources and legislative and administrative support. The House is in the process of substantially strengthening firearms law by introducing mandatory advisory sentences for the Judiciary. That legislation will also provide for a firearms amnesty. While it has not come to public notice, the Garda has had significant success in recent times disrupting the activities of a number of the major players in the Dublin area.

Brendan Howlin (Wexford, Labour)
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We have a common purpose in trying to address the most dangerous evil facing the State, which is the drug lords. With regard to the Minister's mandatory sentencing proposals, has he considered the implications of the recent Supreme Court judgment in the CC case regarding the determination of honest knowledge in so far as it might impact on a declaration by a garda that the value of drugs held is a fixed amount regardless of the state of mind or knowledge of the individual in possession of the drugs? Is he confident his proposal is not constitutionally frail in light of the Supreme Court decision?

Michael McDowell (Dublin South East, Progressive Democrats)
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I would love to dilate on the subject of honest knowledge or honest belief as a defence but I do not have time. If a person is found in possession of cocaine worth €3 million, his or her knowledge is only one of the issues that should be taken into account.

Brendan Howlin (Wexford, Labour)
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There would be no contest in respect of drugs worth €3 million.

Michael McDowell (Dublin South East, Progressive Democrats)
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The sentencing provision rather than the crime is important in this regard. It must be established whether a person is in possession of drugs. The value and consequences of these drugs are different matters. Just as I did not believe in respect of the 1935 Act that the cards should be handed to the accused in these matters, I do not believe it should be open to somebody who is carrying cocaine worth €3 million to deny knowledge of its value. As Deputy Howlin will be aware, the legislation now prevents that issue from arising. On the question of whether the CC case has constitutional implications in respect of the matter, the issues are not wholly unrelated but they are first cousins at best.