Kieran O'Donnell (Limerick East, Fine Gael)
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I thank the Ceann Comhairle for allowing me to raise this critical matter for the people of Limerick. I also thank the Minister for Justice, Equality and Law Reform for attending the House for this Adjournment matter and for recognising how important the issue is. I express my deepest sympathy to the Geoghegan family on the tragic and brutal murder of Shane Geoghegan. He was a keen sportsman with Garryowen rugby club. This has been a very difficult time for the family. Shane is being waked tonight in Limerick and his funeral mass takes place tomorrow.

Like everyone else in Limerick, I was absolutely shocked at what happened. Shane was coming home having watched the Canada-Ireland rugby match on television when he was gunned down in a callous and brutal fashion by amoral and ruthless individuals. It defies logic and is a watershed moment which can never be allowed to recur. Some of the measures I am proposing may be difficult, but such measures are needed in difficult times. I am approaching it from the premise that we can never allow anything like this to happen again. A small minority of individuals in Limerick are destroying life for everyone else. There have been four gangland murders already this year in Limerick.

I am proposing that the Government establish an Anvil-style operation, as was done after Veronica Guerin's murder in Dublin. An assistant Garda commissioner should be appointed to head up a 24-hour armed surveillance unit to track these gangland criminals and ensure that they cannot move freely. A fully-resourced CAB unit should also be established in Limerick. We must get at the financial assets of such people, who must be prosecuted. In addition, a second judge should be appointed to the Circuit Criminal Court, which has a back-log of cases.

Some 40 people are currently in custody who are directly linked to criminal gangs in Limerick. Gangland membership must designated as a specific criminal offence. We should allow an assistant Garda commissioner or chief superintendent to provide evidence to a court, such as the Special Criminal Court. Everyone knows who is committing these crimes and we have to take these people out of circulation. Such action must be taken because they are creating a fear factor amongst the general public.

The Garda should be able to obtain exclusion orders in court in respect of these criminals so they cannot move into certain areas of the city. It is proving difficult to do this at the moment. There must be a mandatory minimum sentence of 25 years for murder and ten years for possession of illegal firearms, without the possibility of bail. Many offences are being committed by people while out on bail. In addition, electronic surveillance of gangland criminals should be provided. Many of these crimes are being directed from prison. It is critical to extend to Limerick and other prisons the current pilot scheme in Portlaoise, blocking mobile phone coverage in such places of detention.

The witness protection programme must be put on a statutory footing and the right to silence must be qualified. It is critical that suspects cannot rely purely on the right to remain silent. Objections could be overcome by allowing videotapes of interviews in Garda stations to be used as evidence in court. This would ensure people could see when such people are remaining silent during questioning.

We need decisive action from the Government. Earlier today, the Taoiseach made vague statements, but the Government must provide a statement of intent. It must deal head on with gangland crime in Limerick. This can be done by providing an assistant Garda commissioner and a 24-hour armed surveillance unit in the city. It should be a specific criminal offence to be a member of a criminal gang anywhere in Ireland. An assistant Garda commissioner or chief superintendent should be able to provide intelligence and give evidence in a court, like the Special Criminal Court, to take these people out of circulation.

I sympathise with the Geoghegan family at this difficult time. We can never allow anything like this to happen again. The Government must come forward with specific remedies and actions in this regard.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I also appreciate the presence of the Minister for Justice, Equality and Law Reform in the House this evening. I regret the fact that this discussion is so short, but we will have another opportunity to debate this matter. It is 11 years since the former Taoiseach, Deputy Bertie Ahern, promised that his Government would protect the people from gangland crime. He failed in this war, which the Government is losing. There have been 130 gangland murders in the past 11 years, but only 14 convictions. Despite the good efforts of the Garda Síochána, particularly in Limerick, this is an abysmal record nationwide. It is a poor conviction rate and too many innocent bystanders have lost their lives, the latest of whom was Shane Geoghegan, to whose family we extend our sympathy. The others include Brian Fitzgerald, Donna Cleary, Anthony Campbell, Darren Coughlan and Seán Boland. People are terrified, while criminals act with impunity, regularly handing down their own form of twisted justice.

The Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, and his colleague, the Minister for Defence, Deputy O'Dea, have spoken on national television about sections 71, 72 and 73 of the Criminal Justice Act 2006, but those provisions are not working. They are unworkable. There have been no prosecutions taken since they were enacted and this is the most important legislation in the Minister's armoury. There have been no prosecutions taken, much less convictions recorded. What we need is 24-hour monitoring and surveillance of a type that again will require further legislation as adverted to by no less a person than the former Taoiseach, Deputy Bertie Ahern, more than a year ago. It has not happened. We are waiting for years for a DNA database and it has not happened. We really need new laws to prevent criminals from associating and operating in certain areas. Deputy O'Donnell referred to exclusion orders and we will have a chance to deal with that issue at a later stage.

I remind the Minister we need a mechanism to arrest and charge these people and take them out of circulation because too many lives have been lost. The adverse effects in terms of mayhem, destruction and murder on not only the people of Limerick but also the people of parts of Dublin and many parts of this country is such that what we have is simply insufficient.

Ultimately, when convictions are recorded and when judges hand out lengthy prison sentences, we have the situation as in Portlaoise in my own constituency where it is reported widely as fact, and this is not rumour, and mention has been made in court under sworn testimony, that these crime bosses and gang lords continue to operate their evil empires from behind prison bars. This is simply unsustainable. The mobile phone blocking technology in Portlaoise is not working, pilot scheme or no pilot scheme. It is not happening. We have referred to this issue over a long number of months as being——

Dermot Ahern (Louth, Fianna Fail)
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It is in the Midlands Prison and it is working.

Charles Flanagan (Laois-Offaly, Fine Gael)
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It does not matter where it is because it is still not working. The Keane-Collopy gang are in the Midlands Prison and the McCarthy-Dundon gang are in Portlaoise because these people are so vicious and so vile in the perpetration of their heinous activities that they cannot even be housed in the one security prison. I ask the Minister to act in this matter because the attitude to date has been far too laid back and far too blasé. What the people want is confidence in a system, and they do not have that currently.

Dermot Ahern (Louth, Fianna Fail)
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I am grateful to both Deputies for raising this matter. When we discuss this issue on Thursday, we will have a better opportunity to consider some of the valid points raised by Deputy O'Donnell in particular. I do not accept that there is a laid-back attitude when one considers that this House passed significant legislation in 2006 and 2007.

Shane Geoghegan was a respected young man brutally gunned down in the early hours of last Sunday morning. This young man was a valued member of a close-knit community to which he contributed so much. His tragic death is a stark reminder of the callous disregard that some in the community have for human life. My deepest sympathy goes to his family and friends at this very difficult time.

There is nothing I can say which I would expect to console them in any way in their great loss. However, they are entitled to know that all the resources of the State will be used to bring the despicable cowards, the scum involved in this killing, to the justice which they deserve. This is not the time for political points scoring nor is it a time to pretend that there are instant off-the-shelf solutions which at a stroke can remove this type of evil completely from our midst. The fight against those involved in gangland crime is going to be long and must be waged relentlessly. I assure the House that this Government will continue to provide all the necessary resources, financial and legislative, to tackle the problem of gangland crime head on.

This morning, the Taoiseach and I met the Garda Commissioner to discuss general criminal justice issues and, in particular, the ongoing investigation into the brutal killing of Shane Geoghegan. We are determined that his murderers will be caught and put behind bars. The Commissioner briefed the Taoiseach and me on the latest developments in the intensive investigation under way in Limerick. He said that all investigative resources which are required to bring the investigation to a successful conclusion are available to the Garda Síochána. Subsequent to our meeting, the Commissioner travelled to Limerick to meet the regional assistant commissioner for the southern region, including Limerick, and the investigation team to discuss directly with them the progress of the investigation. The Commissioner confirmed that the Garda Síochána has at its disposal the laws and resources necessary for it to carry out its duties effectively in respect of this case and of the wider issue of criminal gangs in Limerick.

I assure Deputy Flanagan there is and has been 24-7 constant covert and overt surveillance in Limerick over recent years as part of Operation Anvil. We informed the Commissioner that any additional assistance needed, whether legislative or by way of resources, to deal with the Limerick criminal gangs will be provided. Deputies will accept that significant Garda resources have been put into Limerick and this has been acknowledged by the Opposition and by independent commentators. In the past year alone there has been a 12% increase in Garda numbers in Limerick, from 422 to 474, and a 43% increase since 2003.

There is a high level of surveillance in place. Divisional 24-hour armed patrols, supported by the emergency response unit and the regional support unit established in September, supplement regular Garda patrols. Patrols are augmented by the deployment of personnel from outside the division as required. There are 27 gardaí on mountain bikes in Limerick. There is no greater concentration of such gardaí except in Dublin and Cork. The Garda Síochána continues to undertake a range of investigations and operations to curb organised criminal activity in the general Limerick area, concentrating on depriving the criminals of the profits of their criminality. This includes activity by local detective units in conjunction with locally based divisional asset profilers and the Criminal Assets Bureau. Last May, the Garda Síochána carried out searches of a wide range of premises as part of Operation Platinum, following which the CAB has sought a number of court orders. I am happy to have secured a 20%, €1.5 million, increase in funding for the CAB for this year.

This level of activity is having results, although, sadly, there are setbacks. To date in 2008 there have been five murders in Limerick, and persons have been charged in respect of two of these. Two of these murders have been by firearms and a person has been charged in respect of one of these. In the State as a whole, there were 18 murders in 2007 involving a firearm, compared with 27 in 2006, a reduction of 33%.

The Garda Síochána will continue to receive a significant level of resources. Thus, while a ring-fenced allocation of €20 million was provided this year for Operation Anvil, in spite of difficult budgetary circumstances, €21 million is being provided in the 2009 Estimates to enable the operation to continue with targeted disruption of serious and organised criminal activity in Limerick and throughout the country. I made it an absolute condition of my Estimate for 2009, even though I have fewer resources, to ring-fence €21 million for Operation Anvil.

There will be a continued increase in the personnel strength of the Garda Síochána. Its attested strength will increase to almost 14,900 by the end of 2009 from its current attested strength of 14,267. This will mean an increase of more than 1,100, 8%, over this year and next year. There are 1,100 recruits in training, and 400 new recruits will be taken on in 2009. These numbers will increase significantly the policing hours available to in excess of 1 million. While there will be a planned reduction in the overtime budget from €108 million in 2008 to €80 million in 2009, this will be more than offset by the increase in numbers. Civilianisation is also making significant strides. In the past 21 months, the number of civilians employed by the Garda Síochána has increased by 59% to 2,038, including an increase of 20% in 2008 to date.

Just as important as the resources available to the Garda Síochána is the effectiveness of the legal powers available to the force and the treatment which criminals can expect from the criminal justice system. There have been some assertions and suggestions which do not stand up to scrutiny. I say this with due respect. For example, Deputy Flanagan calls for a mandatory minimum murder sentence of 25 years. Our law already provides for a mandatory life sentence for murder. Prisoners serving a life sentence already serve very long sentences. The average sentence for this group has almost doubled. It was an average of 15 years during the years 2006 and 2007, compared with the decade 1975 to 1984 where the average was only 7.7 years.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The Minister is being selective.

Dermot Ahern (Louth, Fianna Fail)
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It has progressively increased to an average of 15 years.

Charles Flanagan (Laois-Offaly, Fine Gael)
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Over the past two years.

Dermot Ahern (Louth, Fianna Fail)
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I want to assure the House that prisoners who are considered a risk to the public serve well in excess of the average of 15 years. I assure the House that no one who will come before me will get out before a considerable number of years — well above the average — in regard to murder for organised crime.

Kieran O'Donnell (Limerick East, Fine Gael)
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They have taken human life.

Dermot Ahern (Louth, Fianna Fail)
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Life sentence prisoners are reviewed by the Parole Board on a number of occasions before any substantial concessions are recommended. Furthermore, they continue to serve their life sentence even when given extended periods of temporary release and can be returned to prison if they breach their conditions or if they pose a threat to the public. In considering such cases, my approach would not generally differ from that urged by Deputy Flanagan but a change in the law is not necessary.

As regards participation in a criminal organisation, this is already an offence since the introduction of the Criminal Justice Act 2006. Any person who participates in, or contributes to, any activity of a criminal organisation is guilty of an offence. Our law provides for trial without jury. Where it is considered necessary to secure the effective administration of justice, a case can be heard before the Special Criminal Court on the recommendation of the DPP, to whom the power is available.

We have already made clear our intention to proceed with legislation which is intended to provide a clear statutory basis for particular forms of existing Garda surveillance operations and allow for the use of the results of surveillance as evidence, which should be particularly useful in counteracting gangland activities. There is already since 1993 a clear legislative basis for the authorisation of telecommunications intercepts. Heads of a Bill on covert surveillance have been prepared and circulated, and it is my intention it will be submitted to the Government next week with the request for approval to draft a Bill. I am also proceeding with other criminal justice legislation measures, such as allowing for the creation of a DNA database. In circumstances where there is a contraction of Exchequer funding, I was delighted to be able to earmark €18 million for the new DNA database and the new forensic science laboratory to follow on from the legislation we will be bringing forward.

I keep the witness protection programme under constant review and any funding that is necessary for the programme is made available. The Garda Commissioner has reservations about putting the programme on a statutory basis, as had the previous Commissioner. The question of whether the witness protection programme is statutory or otherwise is unlikely to affect the willingness of witnesses to come forward. What we have to recognise is that the willingness or otherwise of witnesses to come forward is dependent on a wider range of factors than simply the level of protection the Garda can offer a witness under the programme, still less whether the programme is statutory. It has to be recognised that in many cases possible witnesses simply do not wish to leave the area where in many cases they have lived all their lives and where their family and friends also live.

Another issue is with regard to the abuse of the right to silence, which Deputy O'Donnell raised. It is already the case — we dealt with this recently in this Chamber — that the law provides that inferences may be drawn at a person's trial from the fact that a person remained silent when asked a question by an investigating garda. Inferences can also be drawn from a failure to account for marks, objects and so forth, and from a failure to account for being at a particular place. In addition, since last year inferences may be drawn from a failure to mention during interview certain facts that are later relied on at trial by the defendant.

As well as a high and unceasing level of front-edge activity, community policing is a very important part of the Garda response and such units have been increased in strength in Limerick. CCTV cameras are now working constantly in most of the major estates in Limerick.

Kieran O'Donnell (Limerick East, Fine Gael)
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Not everywhere.

Dermot Ahern (Louth, Fianna Fail)
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There is now a total of 90 community gardaí in the city. More broadly, Limerick southside and northside regeneration agencies have launched ambitious plans for action on an unparalleled scale to lift the disadvantaged areas of Limerick out of the cycle of disadvantage and despair.

Kieran O'Donnell (Limerick East, Fine Gael)
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There is no Government funding to tackle crime.

Dermot Ahern (Louth, Fianna Fail)
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The Limerick City Joint Policing Committee was one of the first to be established and is working well, and gardaí are working closely with the local authority and other members of the committee. The Government is determined to provide the Garda with the resources and legal tools it needs to tackle the challenges of criminality which we saw demonstrated in Limerick last weekend.

On the wider issue, the House will recognise that many significant initiatives have been taken, aimed at the regeneration of communities in Limerick. I would ask all those involved to overcome this dreadful setback and continue their efforts to bring hope to the people of Limerick. We cannot allow the evil deeds of a few to thwart the will of the vast majority.