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Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: People came to me privately and indicated the difficult situation that obtained in Limerick and elsewhere in respect of the intimidation of witnesses. I want to nail that matter on the head.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: It is ironic that I should be accused of rushing the legislation through. As stated in this House following the murder of Roy Collins, I was pressed to introduce various measures in the aftermath of the murder of Shane Geoghegan. I did not believe it was necessary to do so but, as Senator Harris stated, the murder of Roy Collins was a clear indication that there are people who are willing...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: However, we are now being criticised for reacting to the situation. In addition to the hard evidence provided by the Garda, we also received evidence from court officials, particularly those who work in the Limerick area-----

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: I have very little time in which to reply.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: The evidence provided by the officials to whom I refer particularly related to the difficulty of encouraging jurors to participate in trials. The top official in Limerick indicated that there is "a tacit understanding that there is no point in holding gangland murder trials in Limerick". That view was clearly underlined a number of years ago when, in the context of the murder of Kieran...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: -----there was an inability to encourage people to act as jurors.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: At that time, and in the space of two months, jury attendances had declined from one third to less than one fifth. In one instance where 350 people were called, 195 medical certificates were received. Every excuse in the book was offered in order that people might not be obliged to participate in these trials.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: It was stated that there was no hard evidence. Mr. Michael Murray stated that he is aware of one case in respect of which he was so concerned with regard to the level of intimidation that he made a report to the Garda authorities. Mr. Murray also stated that he asked the Garda to investigate a case where a person was acquitted in circumstances where it was clear to him that the jury was...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: Neither I nor the Government can guarantee the constitutionality of the Bill. We bring forward legislation on the advice of the Attorney General. The latter is absolutely satisfied that the Bill will pass constitutional muster. Immediately following the murder of Roy Collins on 9 April, I clearly indicated that we intended to bring forward this legislation. The Taoiseach and I held a...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: There will be many hours in which to debate Committee Stage and Report Stage.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: The Dáil devoted ten and a half hours to the debate on the legislation. We will suffer paralysis by analysis if we do not proceed. This is a time for action.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: People are suggesting that we should delay the passage of the legislation until September.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: We want this legislation to be passed in order that people might be charged-----

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: -----on the day following its enactment rather than next September. Criminal law is not retrospective.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: In such circumstances, there is no point in waiting until October to pass the legislation and then trying to convict people of trying to direct criminal organisations.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: The phrase "playing the man, not the ball" was used. There has been a major element of that in this House in recent times, not only in respect of this legislation but also in respect of that relating to blasphemy.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: I have no doubt that this Bill and that which relates to surveillance will prove significant. As stated previously, the legislation before the House will reduce the possibility of the necessity to have civilian witnesses in gangland trials. This, in turn, will reduce the possibility of criminals intervening and intimidating such witnesses.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: This is good legislation which will pass constitutional muster. Despite the histrionics of those who state that we do not have enough time-----

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: -----I am of the view that the vast majority of Members in this and the Lower House agree with the legislation. I have no doubt that a similar proportion of the people are in favour of the legislation. I cannot put it better than Steve Collins, the father of Roy, who stated that the only people who have to fear this legislation are the criminals.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Dermot Ahern: I cannot accept these amendments, about which we had a good discussion in the Dáil.

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