Willie Penrose (Westmeath, Labour)
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Question 88: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of murders in which firearms were used since the beginning of 2006; his views on the continuing level of gun murders, many of which are gang related; the steps he is taking to deal with this situation; and if he will make a statement on the matter. [36270/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that there have been 16 murders with firearms from the beginning of the year to 6 November. I am also informed that detections have been made in seven of these cases, with proceedings commenced in four.

All killings regardless of the circumstances involved, are the subject of rigorous investigations by the Garda authorities. The identification of the motive and the evidence available in its support are key elements of the investigation and prosecution process. Operation Anvil has been extended nationwide and the level of resources provided to An Garda Síochána to counter the threat of the use of firearms has been massively increased.

Following the completion of the weapons amnesty, mandatory minimum sentences in respect of possession of firearms came into effect on 1 November. The penalties available to the courts have now been greatly strengthened. Stringent penalties now apply and, as Members are familiar with them, I will not read them into the record.

The new law specifies that the courts may exercise discretion to impose less than the minimum sentence only where it is satisfied that there are exceptional and specific circumstances for so doing. In addition, they may exercise their discretion only in the case of a first offence. There is no discretion whatsoever in respect of a second offence.

Jim O'Keeffe (Cork South West, Fine Gael)
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That is thanks to Fine Gael.

Michael McDowell (Dublin South East, Progressive Democrats)
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It is thanks to Deputy Jim O'Keeffe.

Brendan Howlin (Wexford, Labour)
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Does the Minister accept that most people are horrified by the increased use of guns by thugs and gangsters? Does he agree that the most shocking aspect relating to the use of guns, particularly as it relates to the commission of murder, is the falling rates of detection and prosecution? Does he accept that 109 murders involving the use of firearms were committed between 1998 and June of this year, that the Garda detected the perpetrators in 54 of these cases, or 49% of the total, that court proceedings arose in 35 of these cases, or 32% of the total, and that court convictions were obtained in 18 cases, or 17% of the total?

Is the Minister concerned that people in this jurisdiction use weapons and are of the opinion that they can do so with impunity? Is he of the view that a conviction rate of 17% over eight years is lamentable? Does he believe that there is a need to take other measures to ensure that the use of firearms will be brought to an end? On the Criminal Justice Act 2006, will he confirm that mandatory prison sentences for firearms offences be commenced? Has the commencement order in this regard been signed?

Michael McDowell (Dublin South East, Progressive Democrats)
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Mandatory minimum sentences were introduced on 1 November. That is why the weapons amnesty expired the previous day. Such sentences are now contemplated under the law and I look forward to their being vigorously imposed by members of the Judiciary to whom it falls to implement the new law.

I agree with the Deputy that people, particularly those involved in gangland situations, seem to believe they can get away with the use of firearms. There are certain reasons for that. There is a culture of silence around these gangs and also one involving the intimidation of witnesses. The Deputy will be aware that the Criminal Justice Act 2006 makes provision for the use of statements against intimidated or unwilling witnesses.

As regards breaking open these gangs and dealing with the wall of silence with which investigating gardaí are frequently confronted, the rebalancing committee of the criminal law, which has just been established, will examine some measures that were proposed by Members of the House, not least by Deputy Howlin, and I look forward to its early report. In my opinion, we may be obliged to go further than what were quite severe steps in the Criminal Justice Act to ensure that those people who resort to the right to silence and believe that they can stare at a point on the wall when being interviewed should fall under the same pressure to give a proper account of themselves as, for example, those who are suspected, under the post-Omagh legislation, of committing atrocities.