Timmy Dooley (Clare, Fianna Fail)
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Question 13: To ask the Minister for Justice and Equality the number of arrests that have been made under the Criminal Justice Amendment Act 2009 [7067/11]

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Justice (Amendment) Act 2009 entered into force, in its entirety, on 23 July 2009. The primary purpose of the Act is to provide for additional measures with respect to the combating of organised crime, including measures in aid of the investigation of such crime.

I am informed by the Garda authorities that since the enactment of the legislation there have been117arrests recorded to 28 February 2011 for offences relating to organised crime. Those arrests have given rise to charges being proffered against eightpersons for offences contrary to section 71A - directing a criminal organisation - and section 72 - participating in organised crime - of the Criminal Justice Act 2006, as inserted by the 2009 Act. These cases are currently before the courts.

As reflected in the Garda Policing Plan for 2011, and initiatives undertaken by the Garda Síochána, tackling serious and organised crime is a priority for the Garda Síochána and the force remains resolute in this commitment. Very significant efforts and resources continue to be directed on an ongoing basis to tackling organised crime. The State will be relentless in its approach in bringing those involved in such activities to justice.

The House has, in recent times, given consideration to a number of legislative measures that were brought forward in an effort to strengthen the criminal law in relation to serious and organised crime. In addition to the measures contained in the Criminal Justice (Amendment) Act 2009, further measures, including those contained in the Criminal Justice (Surveillance) Act 2009 in relation to the admissibility of evidence obtained by covert surveillance and the Criminal Justice (Miscellaneous Provisions) Act 2009 in relation to the use of weapons, were the subject of scrutiny in the House.

The Criminal Justice (Amendment) Act 2009 and other legislation introduced in recent years have made a significant contribution in tackling this type of crime. However, I am keeping under review the question of whether improvements could be made to them which would render them more effective and in particular render them more effective in dealing with the issue of criminal gangs who are creating mayhem on our streets and who have been the cause of the death of a number of people in the county and city of Dublin and outside it.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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There have been 117 arrests and eight people have charges outstanding against them. Eight people seems a very low number. I appreciate there are difficulties in trying to get evidence and bring charges against people involved in organised crime. Has the Minister any proposals to help alleviate this situation to make it easier for the Garda to investigate and radically tackle organised crime?

Alan Shatter (Dublin South, Fine Gael)
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I share the Deputy's concern with regard to the small number of prosecutions that have been initiated in this area. Ultimately, when a file goes to the Director of Public Prosecutions it is for him to determine whether it is appropriate that a prosecution be taken. This was a area to which I had given particular attention on the Opposition side of the House and arising from my concern about this matter, shortly after my appointment as Minister I asked officials in my Department specifically to review the workings of this particular area of criminal law. Even though it was only very recently enacted in this House, I am concerned there may be some frailties in it that need to be addressed. That is under very active consideration at present and if need be I will bring amending legislation before the House.

Michael Kitt (Galway East, Fianna Fail)
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We will move on to Question No. 15 in the name of Deputy O'Dea.

Seán Crowe (Dublin South West, Sinn Fein)
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We seem to be taking on the role of the Opposition today.

Michael Kitt (Galway East, Fianna Fail)
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The Chair cannot get involved in that.

Seán Crowe (Dublin South West, Sinn Fein)
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I have no problem with that.