Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I will call on the Deputies who tabled questions to the Minister for Health and Children in the order in which they submitted their questions to my office. I will call Deputy Costello when he is present.

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take all questions together.

It is right that we have this opportunity to discuss a matter which is clearly of the gravest concern to Deputies on all sides of this House and the people of this country. The message must go out from here today that we are unwavering in our support for the Garda Síochána in its efforts to eradicate this evil from our midst. It is a cruel irony that some of what has been happening in recent days may stem in part from the successes which the force has had in disrupting organised criminal activity in drugs and guns. It would be perverse, however, if that fact were to lead to any lessening by the Garda Síochána of its efforts in that regard. That cannot and will not be allowed to happen.

We have passed through a dreadful week of murders, there is no other way of describing it. Every violent ending of a person's life represents a tragedy, but some of the killings we have recently witnessed are especially tragic. I would like to offer my personal sympathy and that of all Members of this House to the families and friends of Alan Cunniffe, Anthony Campbell and Aidan Myers. These victims were engaged in earning a living or going about their lawful business when their lives were so brutally cut short. Any words we say here will offer small consolation to the forlorn relatives and friends of the victims but I believe, not least out of respect for those people, that it behoves us all in this House to show unity of purpose as the democratically elected representatives of the people in confronting the challenges posed by these armed and ruthless gangs.

I have made it consistently clear that irrespective of the circumstances murder is murder. No one is above the law and no one is beneath the protection of the law. The fact that people may have put themselves in the way of violence by their criminal behaviour, including involvement in the killing of others, does not alter that fact. The idea, however, that the gardaí can give round the clock protection to all those who may be at risk because of their involvement in drugs and crime is simply unsustainable. There would be understandable outrage if that was the manner in which the gardaí were deployed. People are entitled to be assured, however, that all steps that can be reasonably taken to deal with this matter are taken.

All killings, regardless of the background of the victim or the method of killing, are the subject of a rigorous investigation by the Garda authorities. The Garda Síochána does not make decisions on the scale or direction of a murder investigation based on the background or history of the victim.

Our legislative provisions for the granting of bail are very stringent. The 16th amendment of the Constitution provided for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious crime by that person. The Bail Act 1997 gave effect to the amendment and tightened up the bail regime generally.

The granting of bail in accordance with the Act, the amount of bail and sentencing are of course matters for the courts which are subject only to the Constitution and the law in the administration of justice. However, I believe it is the view of all Deputies that these provisions should be applied to the greatest extent possible consonant with the provisions of our Constitution. It is a matter of common sense that the ability of the Garda Síochána to deal with persons involved in serious crimes is seriously hampered when persons charged with firearms or drugs offences are freed on bail to commit further offences. That is why I am exploring and taking advice as to further measures that might be taken to address the issues which arise in terms of dealing with bail applications in such cases.

The House should also know that I have this evening signed the custody regulations approved by the Oireachtas earlier today, extending the maximum period of detention available to the gardaí provided for under the Criminal Justice Act 1984 from 12 hours to 24 hours. That is now in operation.

Other legislative measures we have in place are extremely strong. There is 48 hour detention with extension under the Offences Against the State Act and there is seven day detention under the misuse of drugs legislation relating to drugs trafficking offences. The House will be aware that the recently enacted Criminal Justice Act 2006 provides a comprehensive package of anti-crime measures which will enhance the powers of the gardaí in the investigation and prosecution of offences. In addition, the Act contains an essential updating of our criminal law to ensure that criminal offences can be investigated and prosecuted in a way which is efficient and fair and which meets the needs of modern society.

The Act addresses a wide range of matters, including the designation of a place as a crime scene, increased detention powers for certain offences, the admissibility of statements by witnesses who subsequently refuse to testify or who retract their original statements, the creation of new offences related to organised crime and the misuse of drugs, the strengthening of existing provisions on sentencing for drug trafficking offences, provisions to update and strengthen the law on firearms and to deal with anti-social behaviour, and introduces mandatory minimum sentences for the possession of firearms in the circumstances described in the Act.

I have been in regular contact with the Garda Commissioner and his senior management in recent days. The activities of those involved in organised crime, particularly in the greater Dublin area, are of considerable concern to the Commissioner. I have informed the House previously of a number of operations and initiatives which have already been put in place, among which Operation Anvil plays a central part.

As we speak, the gardaí, in the light of recent developments, have begun an intensified campaign aimed at the disruption of the activities of the persons involved. Deputies will appreciate that it would be counterproductive for me to give precise details of what is involved. I can say this — the gardaí must, of course, act at all stages within the law but if the actions which they have been forced to take to disrupt the activities of these people are represented by the persons affected as harassment or persecution then so be it.

The Commissioner has announced that to augment existing operations, he is taking a number of further actions. From tomorrow, an additional 20 officers will be allocated to the organised crime unit at the National Bureau of Criminal Investigation, bringing the total to in excess of 70. In addition to the introduction of Operation Anvil, the Garda Commissioner in November 2005 augmented the organised crime unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity, in particular by arrests, seizing firearms and targeting of individuals and groups. It will focus on individuals known to the Garda Síochána to be involved in organised crime, particularly the trafficking of illegal drugs and firearms.

I want to dispel the impression that might have been given that the drugs unit of the Garda Síochána comprises just 35 members. There are, in fact, some 328 gardaí attached to drugs units nationally, with some 48 of these playing a central co-ordinating role at national level, with the balance attached to divisions across the country, including Dublin. These officers are in the front line in the fight against the drugs menace and they work closely with other specialised units, including the organised crime unit, the special detective unit and other units within the National Bureau of Criminal Investigation and the Criminal Assets Bureau. Furthermore, additional resources will be deployed to provide a significant increase in armed Garda patrols and checkpoints to be undertaken by the special detective unit-emergency response unit in key targeted areas, including those where shooting incidents have occurred in the past.

Operation Anvil will continue at its current high levels of operation within Dublin Garda divisions and in conjunction with national units. Operation Oak, which targeted the late Martin Hyland and his associates since September 2005, will continue to form part of an intensified level of intelligence-led operations. As a result of that operation, 24 persons are before the courts. Following the 2007 Estimates process, the allocation to the Garda will increase by €135.3 million to €1.445 billion, an increase of 10% on 2006.

Against that background, I have been assured repeatedly by the Commissioner and assistant commissioner, Martin Callinan, who is in charge of these investigations that he is not being hampered in dealing with the current situation by lack of resources. Nevertheless, I am keeping under review the general issue of whether further resources may become necessary. If it becomes necessary, I will seek Government approval to do so without delay. I used a colloquialism earlier, which is true. The Commissioner in this struggle has an open cheque book as far as the Government is concerned.

My Government colleagues and I are totally committed to increasing the strength of the Garda. I am informed that the personnel strength of the force increased to a record 13,000 on 16 November, following the attestation of 299 new members. The induction of 280 new recruits to the Garda College on 6 November resulted in a combined strength, of both attested gardaí and recruits in training, of 14,137. Next year more than 275 fully trained gardaí will graduate from the college every 90 days, allowing the Commissioner to focus personnel where they are most needed.

I thank Deputies for raising this matter today. In this House we can and do disagree about many issues. That is the democratic process, which I respect and relish. However, I believe we can and must unite around a clear message that the people involved in these crimes will be pursued relentlessly and that whatever action is necessary for a democratic society to bring their activities to an end will be taken. In that spirit, I have always been prepared in any debate in the House, and will continue to be prepared, to consider sensible and practical proposals put forward by any Member to counteract the menace of organised crime. Moreover, this is not my last word on the deployment of resources or the development of new ideas in tackling crime. I will explore further options over the coming days, which I will make public following consultation with my Government colleagues.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I ask for the co-operation of Members. Six Members have tabled questions and I propose to call them in order before hearing a reply from the Minister because the House is obliged to adjourn at 7 p.m. I request those who submitted questions to confine themselves to supplementary questions rather than statements because I would like to give the Minister a few minutes to reply.

Joe Costello (Dublin Central, Labour)
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Every time the Minister is in the House for Question Time, he trots out the same meaningless drivel. He says everything is okay, resources are being deployed and the Government is in control of the situation, but the reality is there have never been so many gangland killings, with six killings in the past six days and 24 in less than 12 months. Two occurred in my constituency and the detection rate in gangland killings is the lowest of all indictable offences. Does the Minister accept we have a serious crisis on our hands? Does he further accept he has repeatedly mentioned the initiatives he outlined, and leadership, commitment and effectiveness are missing? Will he review existing operations such as Operation Anvil, which is a semi-permanent overtime mechanism in certain Dublin Garda stations rather than a fully drawn up strategy? Does he agree the Taoiseach should also become involved in this issue, a Cabinet hearing should be held with the Garda Commissioner and other senior officers to draw up and resource a strategy with appropriate finance, modern equipment and personnel, and that this is the way forward?

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Many questions need to be asked and it is a pity the debate will not be longer. It is perceived the Garda gives immunity to drug dealers and permits them to continue their operations with impunity. What practices and protocols govern the Garda's engagements with informers? The perception has been borne out by the facts and anybody living in an affected community will attest to drug dealers operating in this way. Who oversees such engagements? Does the Minister agree there should be no case where the importation of drugs and associated lethal weaponry into the State by drugs gangs is permitted on the basis that it might lead to the arrest of other criminals?

Does the Minister further agree it is time to concentrate on actions and not on creating laws, given sufficient laws are in place to address this issue? Will the Minister consider implementing the pilot programme recently run in Blanchardstown, the dial to stop drug dealing scheme, throughout Dublin and the State? People do not have the confidence to contact the Garda directly but this scheme might provide a way for people with information who are afraid to do so. Currently, they do not experience an appropriate Garda response and they are left on their own if they do their civic duty. This might be a cost effective way to address this.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should confine himself to questions.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I asked him to consider this. Will the Minister ensure CAB relentlessly pursues drug barons rather than tax evaders, which is the work of the Revenue? I do not know which garda told the Minister the force was in no way hampered by a lack of resources. What is happening if the Garda is not hampered in this way?

Trevor Sargent (Dublin North, Green Party)
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Does the Minister accept no Opposition Member called for round the clock police protection for everybody? Does he understand that, because he claimed that was what Members were seeking? Will he ensure from an operational point of view — he has political responsibility but he needs to apply himself to the operational details——

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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A question, please.

Trevor Sargent (Dublin North, Green Party)
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Can the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, ensure that areas seen as soft targets for crime because of population growth in constituencies such as Deputy Glennon's and mine will receive a level of policing that will send a message to drug barons, crime lords and those engaged in murderous activity that they will be closely watched and apprehended should they commit a crime? Does the Minister accept that there are areas of fast growing population, for example, the area of my constituency in the Louth-Meath division, that have no drug unit and no special investigation unit? Generally such places are regarded as small towns and villages but they are, in fact, larger. Rush is the size of Kilkenny city and Lusk is the size of Athlone. Will the Minister rectify this situation and install a level of policing in these areas similar to large towns throughout the country?

Jim O'Keeffe (Cork South West, Fine Gael)
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Does the Tánaiste and Minister for Justice, Equality and Law Reform accept that while there is unwavering support for the efforts of the Garda Síochána, the same support does not extend to the Minister himself? Does he not accept that his policies on gangland crime have failed? Does he not accept that he has not provided the necessary resources to the Garda Síochána, whatever statistical gymnastics he might engage in?

He said, taking retirements into account, the total number of serving gardaí on 31 December 2006 will be 12,948. He has gone less than half way to the promised target of 2,000 extra gardaí promised by his party and his Fianna Fáil colleagues before the previous general election. Does he not accept that the information technology and communications equipment promised the Garda before the last election has not been provided? Does he not accept that problems have arisen from a lack of dedicated firearms training facilities for the Garda Síochána?

Regarding the legal framework, does the Minister not accept that the issues I highlighted, along with my party leader and the Fine Gael Party, over the years regarding problems relating to bail and sentencing should have been addressed? Does he not accept the case made for electronic tagging? He has neglected all these issues, including the witness protection programme I mentioned in the House last week. Will the Minister accept the responsibility that falls on his desk for enormous increases in violent crime since his first year in office, especially murder and firearms offences?

Yesterday the Taoiseach mentioned Mr. Martin Hyland in the Dáil.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Can the Deputy ask a question as two other Deputies are waiting to speak?

Jim O'Keeffe (Cork South West, Fine Gael)
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The Taoiseach said a significant former paramilitary was in Mr. Hyland's company over the summer and it was obvious, given the context of his comments, that he was referring to a person who received early release under the Good Friday Agreement. Does the Minister think it is acceptable that such a person is involved with serious criminals? What does he intend to do about it and will he consider revoking the licence under which that particular paramilitary member was released from Castlerea Prison?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Can Deputy Howlin ask one brief question because we will adjourn at 7 p.m. and I would like to give the Minister time to reply?

Brendan Howlin (Wexford, Labour)
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I will take the same liberty the Ceann Comhairle has afforded everyone else. I regard this as one of the most important issues in the public realm and to deal with it in 30 seconds would be an insult to this House.

Deputies:

Hear, hear.

Brendan Howlin (Wexford, Labour)
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I welcome the change in tone and attitude the Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, has shown since this day last week during Priority Questions. My Priority Question related to the upsurge in gun murders and the Minister told the House that no such upsurge had occurred.

Does the Minister accept that his current policy has not worked and that the first step to a successful policy lies in recognising his failure to date? He stated yesterday and today that 24 members of Mr. Martin Hyland's gang are before the courts. Does he accept that 23 are out on bail and walking the streets and what does he propose to do about this? Does he find this situation acceptable?

I refer to comments made in the House yesterday that were repeated by my Fine Gael colleague a moment ago. A man identified in all the national newspapers as Dessie O'Hare allegedly associated with criminals during the summer. Will the Minister inform the House if he has any knowledge of this and whether he agrees it is a breach of Mr. O'Hare's licence if it is the case? Will Mr. O'Hare be taken into custody if it is the case?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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I call on the Minister to answer as there is no time for Deputy Gregory to ask his question. There may be time when the Minister has finished speaking.

Brendan Howlin (Wexford, Labour)
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We can give ourselves five more minutes.

Tony Gregory (Dublin Central, Independent)
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I have the same right to speak as everyone else here. I submitted a question and I insist on my right to speak.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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When Deputy Gregory has concluded we must adjourn. If members wish to hear the Minister, we will call him now. Otherwise, we will adjourn at 7 p.m.

Tony Gregory (Dublin Central, Independent)
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Surely the House can agree to an additional few minutes.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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No, there is an order of the House today and the sitting cannot be extended.

Jim O'Keeffe (Cork South West, Fine Gael)
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This is a very unsatisfactory process for such a serious issue.

Seymour Crawford (Cavan-Monaghan, Fine Gael)
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We only ask for 15 minutes.

Tony Gregory (Dublin Central, Independent)
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I will ask specific questions. Does the Minister accept that the main source of gun crime is drugs? How can he explain the fact that the Garda National Drugs Unit has not seen an increase in manpower since 1995? Despite what the Minister says, not including administrative staff, there are 35 operational gardaí in the unit which is under strength at the moment by two sergeants and ten gardaí. Those running the unit have consistently sought to have these vacancies filled and have consistently been refused. Does he not accept that local drug units throughout the country largely deal with low-level drug crime, while the only unit with the expertise and experience to tackle the problem, the Garda national drugs unit, is the most under-resourced and ignored unit in the entire Garda force?

As I have asked the Minister on many occasions, is it not time the Criminal Assets Bureau had local and regional operatives in the areas of this city and country suffering from serious drug crime? This would at last allow the bureau pursue drug dealers at all levels, as it was set up to do and has never done.

Michael McDowell (Dublin South East, Progressive Democrats)
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A number of Deputies have asked if the current policy is failing and I wish to put some facts before the House in this regard. Operation Anvil has seen 20,000 searches for drugs with €14 million worth of drugs recovered. Some 562 firearms were also recovered, separate to the recent amnesty. This operation is constantly chipping away at the edifices of drug barons and their gangs and has seen some very significant successes. I pay tribute to the gardaí who put their lives on the line every day to bring about such success.

Bernard Durkan (Kildare North, Fine Gael)
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That is not the issue.

Jim O'Keeffe (Cork South West, Fine Gael)
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Imagine what they could do if they were adequately resourced.

Michael McDowell (Dublin South East, Progressive Democrats)
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Regarding Operation Oak, 24 associates of Mr. Martin Hyland have been arrested and 23 have been granted bail. I have stated on a number of occasions that I regard this as very deeply unsatisfactory and have been criticised for doing so because it has been seen as disparaging of the Judiciary. Article 40 of the Constitution obliges this State to protect and vindicate the rights of the people. The protection and vindication of the rights of the people is not entirely to do with due process. It is about preventing people from usurping the authority of the State by engaging in drug crime and gangland activities. The Judiciary must uphold the laws of the land laid down in this House.

Billy Timmins (Wicklow, Fine Gael)
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Change the law.

Michael McDowell (Dublin South East, Progressive Democrats)
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It is not acceptable that 23 out of 24 serious drug criminals are at liberty after being granted bail.

Jim O'Keeffe (Cork South West, Fine Gael)
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I asked the Tánaiste to change the law but he refused.

Michael McDowell (Dublin South East, Progressive Democrats)
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As I told the Deputy a thousand times, the law is in place, gardaí testify in the cases and oppose bail, yet they constantly find people who have been charged with serious offences are granted bail. I strongly contend that the practice is wrong and must be addressed.

A misleading account was given to the Irish public today about the provisions of section 15A of the Misuse of Drugs Act 1977 on the minimum mandatory sentence. It is not the case that a plea of guilty entitles one to a discount and it is emphatically stated in the Act that being a drug addict is not grounds for a discount. It is not true that anything other than wholly exceptional and specific circumstances can justify a decision by a judge to deviate from the minimum mandatory sentence. The judge can only do so where he comes to the view that it would be unjust to apply such a sentence.

Jim O'Keeffe (Cork South West, Fine Gael)
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Where is the appeals system?

Michael McDowell (Dublin South East, Progressive Democrats)
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That is the law of the land. It cannot be the case, if 80% of people charged under section 15A receive sentences of less than the minimum mandatory sentence, that deviations are being considered on the basis of wholly exceptional circumstances. I am giving further consideration to the matter but this Legislature has passed strong legislation — indeed, I have been criticised for over-legislating in some areas. The Executive had provided extensive resources to the force in terms of cash and additional gardaí. The judicial arm of the State must also play its part in the suppression of gangland violence.

Billy Timmins (Wicklow, Fine Gael)
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The Tánaiste should address the issue of temporary release.

Michael McDowell (Dublin South East, Progressive Democrats)
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Deputy Timmins did not ask any questions.

Billy Timmins (Wicklow, Fine Gael)
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The Tánaiste ran away from the issue this morning. What will he do about the criminals on early release, whom he released?

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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If Members do not want to listen to the Tánaiste, the House will adjourn.

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy should take a long hard look at the record before discussing temporary release.

Bernard Durkan (Kildare North, Fine Gael)
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We heard that yarn before.

Michael McDowell (Dublin South East, Progressive Democrats)
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Every aspect of the State and all Irish people must now unite against this threat. I accept it is a serious threat.

Brendan Howlin (Wexford, Labour)
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The Tánaiste did not accept that last week.

Michael McDowell (Dublin South East, Progressive Democrats)
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Any person who possesses information must share it in confidence with members of the Garda Síochána.

Tony Gregory (Dublin Central, Independent)
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The Tánaiste should answer the questions he was asked.

Michael McDowell (Dublin South East, Progressive Democrats)
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I do not accept Deputy Ó Snodaigh's point that people are reluctant to give information to the Garda.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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The Tánaiste must be living on a different planet.

Michael McDowell (Dublin South East, Progressive Democrats)
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If the force received the full backing of his party, I would accept his point.

Bernard Durkan (Kildare North, Fine Gael)
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Hear, hear.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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They know the State will not protect them.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Tánaiste, without interruption.

Michael McDowell (Dublin South East, Progressive Democrats)
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There are people who know their brothers and sisters are dealing in drugs and that lock-ups in apartment blocks and cars in garages are being used in the trade.

Billy Timmins (Wicklow, Fine Gael)
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What systems are in place to monitor them?

Michael McDowell (Dublin South East, Progressive Democrats)
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There are people who are purchasing drugs. We have to be realistic. Everybody who is in possession of information of this kind has a bounden duty to bring it to the attention of the Garda Síochána. I support the comments made today by the Archbishop of Dublin that the community shares the moral duty to help the Garda in this battle.

Fergus O'Dowd (Louth, Fine Gael)
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The Tánaiste has a political duty to address crime.

Michael McDowell (Dublin South East, Progressive Democrats)
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I am behind the Garda and no Minister has spent more time behind the scenes on this issue. I do not come into this House to inform Deputies about everything I am doing but if it is a matter of leadership, I have been leading effectively and behind the scenes.

Billy Timmins (Wicklow, Fine Gael)
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There is no leadership. What systems have been put in place to monitor the issue?

Michael McDowell (Dublin South East, Progressive Democrats)
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Stop shouting me down. Deputy Timmins is the man who came up with the idea of boot camps so I do not think he has much to talk about.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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Members of this House are discussing democracy this evening, and the first prerequisite of democracy is that if a Deputy asks a question, the Minister answering is entitled to be heard when he is called by the Chair. If Members do not want that, the House will adjourn.

Michael McDowell (Dublin South East, Progressive Democrats)
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I was asked about the leadership I am showing. I have spent hours and days with the Garda to ensure it has the resources to deal with these issues. I have been assured by the Garda that it has the resources it needs to address the problem.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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It is not using the resources well enough.

Michael McDowell (Dublin South East, Progressive Democrats)
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Deputy Gregory is aware that the number of gardaí assigned to drugs squads has risen dramatically and now stands at 328.

Tony Gregory (Dublin Central, Independent)
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The Tánaiste has not answered my question.

Michael McDowell (Dublin South East, Progressive Democrats)
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It is for the Garda Commissioner to decide on other matters. I wish this House would unite behind the Garda rather than appear fractious and intent on scoring petty points.

Jim O'Keeffe (Cork South West, Fine Gael)
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We are behind the Garda, not the Tánaiste.