Jim Walsh (Fianna Fail)

I raised this matter on Second Stage. I welcome the provision to make it an offence to participate in a criminal gang which the Minister said is based on the Canadian criminal code. It has not been widely used there and probably will not be widely used here because it is difficult to prove. Its effect, however, is that anybody who participates in, or in any way contributes to, a gang involved in organised crime would be in breach of the legislation and suffer the penalties outlined therein.

The Canadians took account of the fact that police are often involved in undercover activities which may mean ingratiating themselves to participate in a gang. The Canadian law exonerates the police, even when they participate in offences, with the exception of murder and rape and other such crimes. Does this section open up a situation that will make it difficult for gardaí or special branch detectives to operate in that way?

I am unsure about the extent to which the practice is used by the Garda. If it is not used to a great extent, it should be. It is used in other jurisdictions as an effective way of infiltrating gangs and bringing the heads of those gangs to account. It has often been said in this House during debates on organised crime that while the smaller fry within gangs are often caught possessing, selling, trafficking or importing drugs, it is much harder to catch the godfathers of crime. While I welcomed and agreed with the introduction of the legislation in question, I would hate to think that it has created a difficulty in other areas of investigation — that needs to be considered. The Minister has rightly said that it is good to have the legislation on the Statute Book, even if it is not widely used.