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Written Answers — Citizenship Applications: Citizenship Applications (2 Jul 2009)

Dermot Ahern: An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in November 2007. The average processing time from application to decision is now at 23 months. The Citizenship Division is currently commencing further processing of applications received in early 2008. More complicated cases can...

Written Answers — Citizenship Applications: Citizenship Applications (2 Jul 2009)

Dermot Ahern: An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in July 2006. Officials in that Section inform me that the application is in the final stages of processing and the file will be submitted to me for a decision in due course.

Written Answers — Garda Investigations: Garda Investigations (2 Jul 2009)

Dermot Ahern: I am informed by the Garda authorities that investigations in respect of all missing persons remain open and any new information received is the subject of investigation. Liaison is maintained with their families, who are apprised of any significant developments. Operation Trace was established in October, 1998. The original objectives of the investigation team under this Operation were to...

Written Answers — Garda Investigations: Garda Investigations (2 Jul 2009)

Dermot Ahern: I am informed by the Garda authorities that the following table sets out the number of murders recorded and detected in each year from 1989 - 2008 and in 2009 up to 29 June. Figures provided are provisional, operational and liable to change. I am further informed that a breakdown of the current position in outstanding cases as requested by the Deputy is not readily available and could only...

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: I move amendment No. 1: In page 4, line 22, to delete "in relation to the commission of an offence". This is a drafting amendment to section 3. The amendment deletes a reference in the definition of "structured group" to "in relation to the commission of an offence" in the context of two people acting in concert. The words are unnecessary as they are contained in the definition of criminal...

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: The revised definition of organised crime is simpler. The notion of the period of time contained in the 2006 Act has been removed and it is also now clear that it is enough for two persons to act in concert rather than three persons, as before. It is no longer necessary to show that the commission of a serious offence was to obtain a financial or material benefit. For example, directing...

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: Three or more people constitutes a gang, whereas the commission of the offence relates to two or more persons.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: There must be three or more.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: The provision is based on the UN standard.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: I will reply first in respect of the matter raised by Deputy O'Donnell. There has been a great deal of misinformation regarding what a later section provides in respect of expert evidence on the existence of gangs. In addition, a number of individuals have misconstrued the position in this regard. Such evidence does not in any way go to the guilt of a person. It is merely evidence...

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: One is not obliged to take into account either my comments or those of the Garda Commissioner to the Government on the necessity for these changes. One need only listen to statements on RTE by people such as the Limerick State solicitor, Mr. Michael Murray. Anyone who missed his appearance on "The Week in Politics" should listen to his comments in respect of what is going on regarding the...

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: It is not doing so.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: Deputy Rabbitte did not choose to quote what he said initially.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: No, it does not.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: It does not say that it does not happen.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: They may be.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Initially, I responded to Deputy Ó Snodaigh's broad objection to this legislation. I repeat this is not a monumental change to the criminal law. As I noted previously, it proposes to treat criminal gangs in the same manner that we have for decades treated the issue of paramilitary organisations. I reiterate that the Cabinet considered this matter a number of times. It specifically...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Covert surveillance can be used very successfully but I am not saying that it is a silver bullet. Deputies should not make out that I am suggesting this. I am not naive enough to think that this legislation-----

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: No, in the Special Criminal Court one must tender the same evidence and prove beyond reasonable doubt that someone is guilty. The standard of proof is the same as in an ordinary court.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: It is not an established principle, it is an established fact in regard to terrorist offences but not for anything else. For ordinary crime a chief superintendent cannot give evidence that he believes one is guilty of an offence. He can do so in respect of certain offences under the Offences against the State Act. We had not gone that far in this legislation.

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