Dáil debates

Thursday, 13 December 2007

2:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 1: To ask the Minister for Justice, Equality and Law Reform the steps he proposes to take to address the ever increasing availability of narcotics here. [34765/07]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 2: To ask the Minister for Justice, Equality and Law Reform the steps he will take to restrict the supply of cocaine in view of evidence of its growing use in society here and the toll it is taking in terms of deaths of users and the role it plays in financing criminal gangs; and if he will make a statement on the matter. [34647/07]

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I propose to take Questions Nos. 1 and 2 together.

I apologise to Members for the absence of the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, whose mother-in-law died and is being buried today. For that reason, I am taking these questions in his stead.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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An adequate replacement.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I thank the Deputy. I hope this will be the tenor in which the afternoon will proceed.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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"Adequate" is effusive praise.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The tragic events in recent weeks have once again demonstrated the dangers associated with drug misuse in a stark and public way. The problem is a complex and difficult one for which there is no quick fix or easy solution. The changing nature of drug use, specifically the emergence of cocaine and polydrug use in recent years, presents significant challenges for everyone involved in trying to tackle the problem. We will continue to facilitate and support agreed international responses to the issue while pursuing our own goals through the policy framework of the national drugs strategy.

I acknowledge the considerable contribution made by my constituency colleague, Deputy Rabbitte, while he was a Minister of State through his work with the ministerial task force on measures to reduce the demand for drugs, which laid the foundation for the development of our current strategy. As the House will appreciate, the Department of Community, Rural and Gaeltacht Affairs, under the stewardship of the Minister of State, Deputy Pat Carey, is the lead Department in co-ordinating the implementation of the strategy. The process of drawing up a new strategy to which my Department and the Garda will contribute fully is under way.

One of the Garda's primary functions is to reduce the supply of illegal drugs of all kinds. While much of the public attention in recent days has naturally centred on cocaine, the Garda must tackle illegal drugs of all kinds. The value of drugs seized demonstrates how active the Garda is in this regard. The most recent figures for this year show that more than €22 million worth of heroin, approximately €13 million worth of cannabis and nearly €3 million worth of ecstasy tablets have been seized. Including the cocaine at Dunlough Bay in Cork last July, more than €117 million worth of cocaine has been seized this year. While it may be argued that the find in Cork was to some extent fortuitous, nevertheless a substantial Garda operation was initiated to bring those involved to justice. These drugs seizures are evidence of the scale of the drug problem, but they are also an indication of the amount of work being done to try to reduce the supply of drugs.

Under the national strategy, the Garda Síochána will continue to pursue its strategies to restrict the supply of all illegal drugs in this jurisdiction vigorously. The Garda National Drugs Unit will continue to co-ordinate large-scale operations against drug dealing or trafficking, with unit personnel investigating cases and assisting local investigation teams as appropriate. Additional assistance will continue to be made available from other specialised Garda support units such as the National Bureau of Criminal Investigation, the Bureau of Fraud Investigation and the Criminal Assets Bureau. The new Garda Commissioner, Fachtna Murphy, has made clear the priority the Garda gives to the drugs problem and he is reviewing with his people on the ground their strategies for addressing this issue.

Of particular relevance in tackling the supply of cocaine to this jurisdiction is the recent establishment of the Maritime Analysis and Operations Centre in Lisbon. This centre, of which Ireland is a founding member, will focus on exchanging intelligence leading to the detection of large maritime and aviation drug shipments. It will focus particularly on the trafficking of cocaine from South and Latin America.

The Government will continue to ensure that the Garda has sufficient resources to tackle the problem and the policing priorities for the Garda Síochána, which the Minister set recently under the Garda Síochána Act, reflect the urgency with which the Government continues to regard the issue of drug trafficking.

Additional information not given on the floor of the House

These priorities refer to specific enhanced activity by the force and the Garda National Drugs Unit in particular in places where the presence of drug dealing and the use of illicit drugs is likely. Of its nature, this would include particular pubs and clubs. The Garda has been targeting places of this kind and intends to intensify that activity. The Garda engages in undercover activity to try to bring those involved in the drugs trade to justice.

It is also important to acknowledge that the Garda needs co-operation from all sections of society in trying to tackle this problem. Anyone who has information about those supplying drugs, however small the scale, should give it to the Garda. The policing priorities refer to enhanced liaison arrangements between the Garda divisions and the Criminal Assets Bureau so that those engaging in drug dealing at all levels can be pursued. Profilers trained by CAB are now present in each division.

Deputies will agree that, while the State has clear responsibilities in these matters, the fact is that all citizens have choices to make and responsibilities to uphold with regard to drug use. With the attention of public opinion focused on this issue now more than ever, there is a particular onus on us all not to tolerate or accept any level of drug use in our society.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I agree with the Minister of State that Ireland has had a bad time in terms of the use of cocaine and other illegal drugs, which has brought forward the stark reality of the Ireland of 2007.

Regarding the reduction of supply, it was revealed this week that customs officials charged with responsibility for coastline protection have one X-ray scanner for the entire country. The scanner is useful in detecting illegal drugs, particularly cocaine, along our coastline but if it is being used in Rosslare, the thousands of miles outside Rosslare are free. Criminals know when the scanner is located in a particular place. It is nothing short of a disgrace that an island nation has only one scanner. What steps does the Government propose to take to increase the number of such machines?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The Government is doing everything in its power to increase the level of surveillance along the coastline, one of the largest in terms of this issue. Ireland has invested significantly in the foundation of the maritime surveillance operation in Lisbon, which will be effective. There are well known routes through which drugs are trafficked into this country, particularly from Latin and South America. If there is a further requirement for a customs scanner, I do not doubt that the Minister will upgrade and provide the necessary facilities, but there has been no request for additional resources to date.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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One is enough.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I am sure the Government will respond if there is a request for further facilities to assist in the detection of drug smuggling. There has been a considerable upsurge in the number of seizures and fines. It is not the case that the figures are going in the wrong direction. They are going in the right direction relative to the amount of drugs being smuggled in.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Does the Minister of State agree with the Taoiseach that the Garda ought to raid house parties or does he believe it to be entirely impractical?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The Garda has indicated to the Department that it will be more vigilant concerning the presence of drugs generally, whether in pubs, clubs, nightclubs, night spots or private houses. However, there is an operational dimension to the issue. If the Garda is to begin raiding house parties of one kind or another, there will be a requirement for warrants so that the power is not open to abuse. Gardaí can routinely enter public houses or nightclubs with a view to investigating whether drug misuse is occurring. I am sure the Garda will consider the operational issue of getting warrants to raid private homes if it believes the matter should be pursued. The Government will not stand in the way should the Garda want procedures along the lines of the Taoiseach's suggestion.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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From the reply, I gather that the Minister of State does not agree with the Taoiseach and believes the suggestion is impractical. As gardaí may enter public houses for the purposes of inspecting compliance with licensing laws, why would this provision not be extended to permit gardaí to enter such premises to inspect suspected offences under the Misuse of Drugs Act? Allow me to give the Minister of State another opportunity to say whether the Taoiseach was talking off the top of his head when he said gardaí should raid house parties. Perhaps they should, but would it be practical? I did not ask the Minister of State about whether gardaí should raid public houses or public places, I asked about private house parties.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The Deputy is mischievously trying to bring me into conflict with the Taoiseach. He will find I am a loyal Minister of State in that regard. I emphasise clearly that gardaí already have the power to enter premises that we describe as public houses or night spots of one kind or another.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Not under the Misuse of Drugs Act.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I understand gardaí have the power to inspect premises with regard to potential or actual drug misuse in a public house setting. There is a different issue, legally, in regard to private homes. The Minister is a lawyer but I am not. However, I understand the law on the matter is that if one were to specify a raid on a private home with regard to potential or actual drug misuse, there would be a requirement for a warrant. Powers may be available to the Garda under general public order legislation if a house party were being conducted in a way that was clearly a threat to public order in a neighbourhood. I hope that provides the clarity the Deputy seeks. I am sorry I cannot conflict with the Taoiseach on this vital matter.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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On 24 October, during a debate in the House on drugs, I called for 24-hour surveillance on known crime bosses, given that only a small number of them are involved in this illegal activity. What exactly has the Government done to facilitate this 24-hour surveillance?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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Operation Anvil has been up and running for some time and has been very successful. It concentrates Garda resources, including spending on overtime, in order that gardaí can focus their efforts on particular areas and gangs where they may be active. It is essentially the type of operation I hope the Deputy would welcome because it is entirely in tune with what he is calling for. At least 100 people have been charged with murder offences under the umbrella of Operation Anvil. I am glad the Deputy supports it.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Having regard to the tragedies of recent weeks and the fact that yesterday the newspapers reported on three coroner's inquests into cocaine deaths, what three additional top priority measures does the Department propose to take to deal with this phenomenon?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I do not intend to reduce our priorities to a numerical basis. I merely point out that the expansion of cocaine usage is a very serious problem.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The Minister of State need not prioritise. He can just tell us what new measures the Department proposes to take.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I said in my initial reply that there was no simple quick-fix solution to this problem. It requires sustained work by the Garda and the Department. I do not believe there is currently a requirement for additional legislation. We need to continue to reinvest in the existing resources deployed through the drug units in every Garda district. We also require leadership from parents, other citizens and even the Members opposite to carry the anti-drug message to the public, given that in the past few years, because of affluence, many have become dilatory and complacent with regard to drug usage. There is an issue around prevention and challenging a culture that finds it acceptable and is tolerant of drug taking.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 3: To ask the Minister for Justice, Equality and Law Reform the policy changes he proposes to introduce in view of the ever increasing use of illegal firearms and offensive weapons, particularly in the area of serious crime and homicide. [34766/07]

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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The Minister for Justice, Equality and Law Reform and the Government attach the highest importance to tackling the use of illegal firearms and offensive weapons generally. The first of the priorities which the Minister has determined in accordance with the Garda Síochána Acts for the Garda Síochána for 2008 is targeting gun crime and the illegal activities most closely associated with such crime, organised crime and drug trafficking. The Minister has asked that, in pursuing this priority, particular emphasis be placed on the use of specialist units and targeted operations such as Operation Anvil; profiling, intelligence gathering and threat assessments in relation to individuals and groups involved; delivery of Garda commitments under the national drugs strategy; pursuit by the Criminal Assets Bureau of the proceeds of crime; and enhanced activities by the drugs units and the force generally.

I am informed by the Garda authorities that as of 9 December there were 18 murders this year where a firearm was used. While all of these deaths are completely unacceptable, the figure shows a reduction for the corresponding period last year, which was 22. With regard to serious or headline crime, the most recent figures available are for the period up to 30 September. They show that there had been no increase in such crime in the 12 month period to that date. There are no grounds for complacency, but there should be some recognition for what the Garda is achieving.

Our legislation in regard to firearms and other offensive weapons is properly severe. The mandatory sentence for murder is life imprisonment. The Criminal Justice Act 2006 provides for high mandatory minimum and maximum sentences for firearms offences, for example, a maximum of life imprisonment and a mandatory minimum sentence of ten years for the possession of firearms with intent to endanger life and the use of a firearm to resist arrest or aid escape. The Firearms and Offensive Weapons Act 1990 and the Offensive Weapons Order 1991, which control knives and offensive weapons, lay down prohibitions on such weapons and severe penalties for breaking the prohibitions. The Criminal Justice Acts 2006 and 2007 have updated and strengthened the law in many areas important to the fight against gun crime. The Government will continue to bring forward proposals to strengthen the law, including the creation of a national DNA database.

Additional information not given on the floor of the House

Over the lifetime of this and the last Government we will have significantly increased the strength of the Garda Síochána. The current programme for Government reaffirms the commitment to a Garda strength of 15,000, with a target date of 2010, and commits us to increasing the strength of the force further to 16,000 by 2012.

Operation Anvil is central to the strategy of the Garda Síochána in combating serious crime and, in particular, murder. The operation which commenced in the Dublin metropolitan region in May 2005 and was subsequently extended nationwide at the Minister's request has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high profile arrests and the acquisition of intelligence on the movements of criminals. Notable improvements have been achieved in the recorded number of incidents of crime being targeted by the operation. The most recent figures available, up to 9 December, show that as a result of the operation there have been 816 firearms seized or recovered in the Dublin region alone. There have been 100 arrests for murder, 2,796 for burglary and 1,260 for robbery; more than 40,000 searches for drugs; more than 75,000 checkpoints and property to the value of more than €23.7 million recovered. Outside the Dublin region, there have been 569 firearms seized.

While, as the Minister indicated, the fight against those involved in these types of offences is going to be long and has to be relentless, the approach being taken by the Minister and the Garda Síochána and the unprecedented level of resources being made available to it are producing results which must be built on.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The situation is escalating beyond the control of either the Garda or the Government. This week alone, on Monday night a man was stabbed to death in a Dublin laneway, on Saturday night a teenager received gunshot wounds to the hand in a shooting in Artane, on Friday night a man was found with a gunshot wound in a rural part of Rathcoole. This is a daily occurrence. Where are the criminals sourcing the weapons? What steps has the Government taken to track down the suppliers of weapons and stop the import of dangerous highly sophisticated weapons from eastern Europe and other parts of the world?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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I do not want to minimise the problem or sound complacent by quoting the figures I quoted in my initial reply, but the bottom line is that year on year — I am not saying one swallow makes a summer or that one year's figures are evidence of a serious regression — there has been a welcome reduction in the number of murders and offences involving weapons. It is also the case that the majority of unsolved murders are typically the result of internecine fighting between criminal gangs. The situation is not as bad as depicted by the Member opposite. The overarching figures on crime are extremely positive. If one takes a ten-year view of the crime statistics, the number of crimes committed per thousand is well down from a high of 27 or 28 crimes per 1,000 ten years ago to between 23 and 25 per 1,000 today. That is against a background of a rising population——

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The Minister of State is massaging his figures.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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——and extra pressure on the Garda Síochána because of that growing population.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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The Minister is wasted in integration.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The Minister is massaging the figures. It is easy to highlight one year. The fact is that last year we had the highest number of murders caused by illegal firearms in the history of the State.

On a specific matter, it appears many of these illegal weapons were used by the provisional IRA in Northern Ireland in the past. What steps is the Minister taking to intervene in terms of the illegal importation of weapons formerly used in Belfast, Northern Ireland, by members of the republican movement in particular?

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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That is a detailed question which, perhaps more properly, should be directed to the Garda Commissioner. With regard to weapons becoming available because of the post-conflict situation on the island, it must be remembered that many of the guns that arrived here did so for many different reasons. A significant contributor to firearms becoming available to the criminal classes here is the theft of firearms from farmhouses. Farmers living in isolated settings are being deliberately targeted for their shotguns and weapons that are used in the farm setting.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I hope the Minister is not blaming farmers for the escalation in gun crime.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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That is a serious issue. I do not have figures available to me on the percentage of weapons now available because of the post-conflict situation in the North only to say that is something the Garda monitors regularly.

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Is the Minister seriously suggesting that farmers are responsible for gun drug crime in Dublin——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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This is a Priority Question.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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No. I am saying it is one of the contributory factors——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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The Minister will not ignore the Chair either.

Photo of Conor LenihanConor Lenihan (Dublin South West, Fianna Fail)
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My apologies.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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This is a Priority Question. The only Deputy allowed ask a question is the Deputy in whose name the question is tabled.