Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 85: To ask the Minister for Justice, Equality and Law Reform the steps he proposes to take to address the ever increasing use of offensive weapons by criminals; and if he will make a statement on the matter. [9084/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The House will join me in offering heartfelt sympathies to the families of two Polish citizens who tragically died as a result of injuries they sustained in a serious attack with an offensive weapon in Drimnagh on 23 February last. A full-scale Garda investigation is under way. The Garda Síochána will, of course, spare no resources to bring about a successful outcome to the investigation. The House will understand that it would be inappropriate for me to comment further on the details of the investigation.

The number of deaths involving knives and similar weapons is a particular cause for concern. The number of murders involving stabbing doubled last year from 18 to 36. We have very strong penalties for offences involving knives. The Firearms and Offensive Weapons Act 1990 and the Offensive Weapons Order 1991, which control knives and offensive weapons, set out prohibitions on such weapons and severe penalties for breaking those prohibitions. The legislative provisions dealing with offensive weapons and any other measures which might be taken to counteract their availability and use are kept under constant review by my Department. At my request, the Garda Síochána is conducting a review of the provisions of the legislation in the context of the increased use of offensive weapons in assaults and murders. The purpose of the review is to identify aspects of the legislation that may require strengthening from an enforcement perspective. I understand the Commissioner intends to make a submission to me shortly.

All too often the use of offensive weapons is the end result of a pattern of anti-social behaviour or the excessive consumption of alcohol. One of the policing priorities I have set for the Garda Síochána for 2008 under the Garda Síochána Act 2005 is to combat, particularly in co-operation with other agencies and the community generally, public disorder, with particular emphasis on alcohol-related misbehaviour.

Issues of particular concern are the increase in the number of supermarkets, convenience stores and petrol stations with off-licences and how alcohol products are sold in such outlets, including below cost selling and special promotions. I share the view that we have a problem with our patterns of drinking. It is clear this problem is adding to public disorder.

Additional information not given on the floor of the House.

Following the establishment of the Government alcohol advisory group at the beginning of the year, I have asked the group to examine urgently key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under-age alcohol consumption. I have asked the group to report to me by the end of this month. I intend to bring forward after Easter urgent proposals for changes in the law which, with the support of both Houses, I hope will be enacted and implemented before the summer recess. In parallel with this, work will continue on the drafting of a comprehensive Sale of Alcohol Bill, which is included in the Government legislative programme for 2008 and which will modernise and streamline the law in this area.

We have to continue to try to get the message across, to young people in particular, that carrying around knives is dangerous and wrong. One very effective way of addressing this is to introduce a long-term education and awareness raising programme aimed particularly at young people. As part of the policing plan for this year the Garda has decided to launch a publicity campaign aimed at discouraging people from carrying knives. This will be in addition to taking rigorous action under the criminal law against those found carrying them, and it follows from the policing priorities I determined for this year, which include targeting the use of knives for violent attacks.

The Government attaches the highest importance to tackling the use of illegal firearms and offensive weapons generally. The first of the priorities which I have determined for the Garda Síochána for 2008 is targeting gun crime and the illegal activities most closely associated with such crime.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I join the Minister in his words of sympathy to the families of those brutally murdered in the most recent tragedy on our streets. I put it to him that killings and stabbings with offensive weapons of varying degrees, as well as gangland killings with firearms, are evidence that criminals have absolutely no difficulty in acquiring such weapons for the use of lethal force. Will he undertake in the review an examination of the availability of lethal weapons over the counter? Some months ago I brought to the attention of the House the fact that samurai swords and other such implements were available for sale over the counter in retail outlets at a cost of approximately €50 or €60. What function does the Minister see for such swords other than inflicting serious injury and perhaps death? After I brought this matter to the attention of the Minister, there was an horrific case in west Finglas in which an individual had his arm sliced off with a samurai sword. The Minister must not only look at the use of such weapons in the context of firearms and offensive weapons legislation but also at the sale, importation and retail distribution of such implements. What steps does he propose to take to outlaw and ban such weapons?

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy introduced in the course of his question the incidence of routine gangland murders involving the use of firearms. Whereas there was an increase in the number of homicides involving the use of knives last year, there was a decline in the number of gangland murders. The reason for this was the incessant activity of the Garda Síochána in connection with Operation Anvil. A careful examination of the statistics pertaining to the robbery of cash in transit vehicles demonstrates that there was a significant decline in the amount taken last year. That is the lifeblood of criminal gangs who wish to purchase firearms. I draw attention to this fact.

We have a very serious problem with regard to the use of knives and offensive weapons. In that context, it is worth noting that the investigation into the recent incident — the basis of the Deputy's question — has not been completed but on the evidence of one of the statements made to the Garda, the implement that may have been used was a screwdriver. It is not possible to regulate the sale, distribution and possession of screwdrivers. That is an illustration of the difficulty in strengthening the law.

The Deputy mentioned an incident involving the use of a samurai sword, which resulted in my asking the Commissioner to complete a review of the subject to see if the law could be strengthened in connection with the use of such an implement. I await the findings of that review which I understand from the Commissioner will be completed very soon.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The seriousness of this issue, involving the use on a daily basis of offensive and lethal weapons such as firearms, is not such that it can await further consultative reports and reviews. The issue is now so serious that immediate action is required. We hear on a regular basis that members of criminal gangs are in receipt of expert firearms training in Prague in the Czech Republic, where they can undergo such training without having to register or show a passport. The people in question can catch a aeroplane back and engage in the activity we see on a routine basis in gangland circles. What action has the Minister taken in conjunction with his European colleagues to deal with this matter? Does the Minister agree such behaviour is unacceptable?

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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With effect from 1 November 2006, there has been a mandatory minimum sentence of between five and ten years under the Criminal Justice Act 2006 for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle and the use or production of a firearm to resist arrest. There are very strict penalties for such offences. I will certainly raise the issue indicated by the Deputy with the corresponding Minister, the Minister for the Interior, in the Czech Republic. It was a tradition in many of the former Warsaw Pact countries to have a substantial number of citizens highly trained in the use of arms. That core and body of people do not need any fresh training.

Pat Rabbitte (Dublin South West, Labour)
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Question 86: To ask the Minister for Justice, Equality and Law Reform his views on the headline crime statistics for 2007, published by the Central Statistic Office on 28 January 2008, which showed an increase of 2% in the level of serious crime over the previous year and an increase of 6% in the final quarter and, in particular, the increase in the number of murders; the steps he will take to deal with the increase in crime; and if he will make a statement on the matter. [8997/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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We must never lose sight of the fact that regardless of whether crime figures show a decrease or an increase, they represent victims and those close to them whose lives have been adversely affected by a criminal act. There was an increase in headline crime in 2007 of 1.7% but this must be seen against the background of the unprecedented rise taking place in our population. Taking this increase into account, the level of crime has reduced from 27.8 crimes per 1,000 population in 1996 to 26 in 2003 and 24.2 in 2007. I have been informed the overall Garda detection rate for headline offences for 2007 was 41%, up from 40.4% at the end of 2006. With regard to 2007, the increase in the number of homicides from 67 to 84 was a particular cause for concern. I have been informed by the Garda Commissioner that in 2007 the detection rate in the case of murder was 68% and in the case of manslaughter, 100%. I should note that the detection rate for crimes committed in a particular year, by its nature, increases over time as Garda investigations progress.

I commend the Garda for the fact that the number of murders involving the use of firearms which are predominantly gangland related was significantly reduced, from 26 in 2006 to 18 in 2007. The Government has no greater priority than bringing gangland killings to an end and to bring those involved in gangland activities to justice. In the last while we have seen a number of successful operations carried out by the Garda Síochána to deal with gangland crime and I am sure all Members of the House will join me in commending the force. Tragically, however, there was a doubling of the number of homicides involving stabbing, from 18 in 2006 to 36 in 2007.

The 2008 policing plan reflects the policing priorities which I have determined for this year. Among them is the targeting of the use of knives for violent attacks. The plan includes a commitment to a publicity campaign directed at this problem.

Additional information not given on the floor of the House.

Some killings stem from domestic violence. In response to this and the challenge posed by such violence, we have established the COSC — a new executive office within my Department — to give priority to the issue of domestic violence, with the particular objective of treating all instances of domestic violence as the appalling crimes they are.

I welcome the fact that there has been a substantial increase in the number of drug detections: an increase of 58.5% in the rate of detection of the cultivation, manufacture and importation of drugs and an increase of 19.7% in the rate of detection of the possession of drugs for sale or supply. Whereas the numbers of drugs detections add to the overall crime figures, in reality they represent the level of Garda activity and success in tackling the drugs menace and reflect a sustained and comprehensive set of Garda operations throughout the State. Some 0.7% of the 1.7% increase in headline crime in 2007 is accounted for by such drugs detections.

I am aware that complex issues surround the willingness of victims to report sexual offences but, nevertheless, I am pleased to note that the figures show a reduction in the overall number of sexual crimes, which is down 10.7%. The number of burglaries decreased by 5.4% in 2007, which represented 22% of all headline crime. Increases in the level of burglary, theft from shops and theft from MPVs largely account for the rise of 6% in total headline crime which took place during the fourth quarter of 2007. The Commissioner has informed me that strategies are being devised by assistant commissioners with the aim of taking immediate remedial action in these areas. I also welcome the continuing positive trend in the number of robberies of an establishment or institution, down 26.5%, for example, and robbery of cash or goods in transit, down 35% during the year.

I am determined to ensure the Garda Síochána is provided with the necessary personnel and equipment. For this year I secured a Garda budget of over €1.6 billion. This is an unprecedented investment in policing and represents an 11% increase on the budget for 2007. With regard to the number of members of the force, the Government commitment to increase Garda strength to 15,000 by 2010 remains on target.

Pat Rabbitte (Dublin South West, Labour)
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Is it not a fact that the number of murders was up, according to the CSO, by 30% and the number of attempted murders by 61%? There are statistics, lies and damn lies.

The Minister stated properly that he wanted to extend his sympathy to the families and friends of the two young men murdered in the past ten days and I join him in so doing. He then proceeded to say, also properly, that it would not be appropriate for him to comment further. Is it not the case that he has elevated to the level of policy a virtue of not commenting, unlike his predecessor, whenever a tragedy such as this happens? Unfortunately, one happens every weekend. The Minister, however, does not comment. What has he to say to law-abiding citizens fearful for their personal safety because of gangs of teenagers congregating with menace and intimidating them with a garda nowhere to be seen or found? What kind of sickness is in our society when law-abiding citizens are fearful of these gangs of marauding teenagers who gather with menace outside off-licenses, etc?

What has the Minister to say to the parents of young people going out at night and who are fearful that they might accidentally become the next victim of such gangs of youths because they are in the wrong place at the wrong time?

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Deputy Rabbitte began with homicide and I very fairly accepted there was an increase in the number of homicides last year but I pointed out that there was a reduction in the number of gangland homicides in which firearms were used. There was an overall increase in the homicide rate last year, as Deputy Rabbitte pointed out, and there are wider social trends in operation here. A substantial number of killings stem from domestic violence and that is why Cosc was established in my Department as an executive office, namely, to give greater priority to the issue of domestic violence.

Deputy Rabbitte then asked the obvious and salient question about commenting on current cases. I comment on criminal incidents in a general sense. However, I do not comment in detail on the facts of a case when charges have not even been preferred, as is the case in regard to the incident which happened in recent days in Drimnagh. I deplore the phenomenon Deputy Rabbitte outlined of marauding youths intimidating neighbours and residents lawfully going about their business.

We have allocated a very substantial budget to the Garda Síochána which stands at €1.6 billion this year. The attested strength of the Garda is 13,732 with a further 1,310 gardaí in student training, which is a record number. We are determined to ensure they are deployed to maximum effect in dealing with these gangs. There is a panoply of legislation in operation. I have established an alcohol advisory group which will report quickly and will result in legislation to introduce further curbs on the availability of alcohol which is a major factor in the public disorder to which Deputy Rabbitte referred.

Pat Rabbitte (Dublin South West, Labour)
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Is it not the first duty of Government to ensure citizens feel safe walking the streets and in their homes? That is not the case at present. It is all very well for the Minister to say he condemns the public disorder but it is not very reassuring for parents who are concerned when their young son or daughter goes out at night whether they will come home without being the victim of an incident.

I am not asking the Minister to comment on a particular incident but I am saying to him that everybody except the Government knows this phenomenon of youths loitering with intent intimidating law-abiding citizens is everywhere in urban Ireland. There is a malaise in our society. That a person cannot even resort to a garda when circled by young thugs is the responsibility of the Minister. Despite the figures he quoted about the number of gardaí, there is no visible evidence of gardaí patrolling trouble spots such as this.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The gardaí are exceptionally visible on the ground and in recent weeks, I arranged for an allocation of further resources to ensure additional bicycles are provided to the Garda Síochána to maximise its visibility and presence on the ground in areas troubled in the manner Deputy Rabbitte described.