Eugene Regan (Fine Gael)

This Labour Party Bill is appropriate and opportune. During the debate on crime two weeks ago, the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, outlined his ideas on how gun crime and gangland crime might be counteracted. There were no new ideas presented, only self-justification and congratulatory statements, and an amendment was tabled to the motion. The motion provoked debate and today's Bill was presented in conciliatory terms, yet the result in each case has been exactly the same. What is proposed on this side of the House is rejected on the other, for whatever reason. There are always reasons.

On the question of putting the witness protection programme on a statutory basis, the Minister of State said we still use the existing programme. However, he did not outline how effectively it is being used such that we could make an assessment thereof. It is of fundamental importance to place witness protection on a statutory basis and in this regard I support the proposal of the Labour Party. The exact formulation of the Bill is another matter.

The European Convention on Human Rights obliges signatories to protect witnesses. Resolutions on the protection of witnesses were made by the Council of the European Union as long ago as 1995 and they encourage member states to adopt witness protection programmes. Europol has 100 experts on witness protection in five continents and there is therefore a co-operative framework within Europe to enhance witness protection. The extent of the statutory schemes that exist in other jurisdictions has been pointed out and these schemes conform with international best practice.

The Minister of State said the witness protection programme should not be put on a statutory basis because the Garda Commissioner does not believe it is a good idea. The Commissioner should not be the legislator because it is a matter for the Oireachtas to decide on appropriate legislation. His advice is helpful but the Minister of State did not outline the reasons he, the Commissioner, considers it inappropriate to place the scheme on a statutory basis. A statute of the Oireachtas, accompanied by clear operational guidelines, could set out the nature of the scheme and the Minister could delegate responsibility therefore. It is facile to say we do not need to place the scheme on a statutory footing because the Garda Commissioner said so.

The existing witness protection programme, established in 1997, was subject to serious criticism in the courts and it is not correct to say it did not result in the overturning of judgments pertaining to the most serious criminals in the country. It is because of the manner in which the programme was operated that this was the case. The establishment of the necessary framework and the detailed guidelines is fundamental.

Following the calling into question of the programme, an internal review was conducted by the Assistant Garda Commissioner. It was due to be published in 2005 but I have not seen it and do not know whether it is available. As the Minister of State correctly stated, changes made in the Criminal Justice Act 1999 addressed the giving of evidence by way of video link and established a new statutory offence of intimidation of witnesses. There is a need for a more comprehensive statutory framework for witness protection.

We know the most serious problem concerns securing detection, prosecution and conviction and that the dramatic fall in conviction rates results from the fear, intimidation and collective amnesia that apply in certain cases. The Taoiseach spoke last week about establishing special criminal courts to prosecute those involved in gangland crime. However, the problem lies not with the court system but with acquiring evidence in the first instance. Unless a scheme is put in place that is widely understood to have a statutory basis with the full endorsement of the State, there will not be sufficient participation. It should be funded and resourced properly.

Last March Fine Gael proposed that the witness protection programme be put on a statutory footing. It was one of the key features of its election manifesto. The party proposed the establishment of a special witness protection unit, a witness protection hotline and draft guidelines for the Garda Síochána on how to use the programme. If witnesses fail to give evidence because they fear for their safety, it is very clear that criminals will not be detected or convicted. This leads to a complete loss of public confidence in the police and the courts system. That loss of confidence in the areas which are most affected by gun and gangland crime is the most serious problem we must tackle. Those involved in policing have informed me they simply cannot get witnesses to testify because of fear and intimidation.

It is inappropriate for the Minister of State to say this Bill does nothing to advance matters. I welcome the Bill, which reflects Fine Gael policy, as outlined earlier this year. However, certain features of the Bill need further work to ensure it reflects international best practice and the tried and tested statutory provisions which apply in so many other jurisdictions. Emphasis must be also placed on the framework within Europe, through EU co-operation at judicial, prosecution and policing levels to advance the area of witness protection. It is disappointing this issue was not mentioned by the Minister for Justice, Equality and Law Reform two weeks ago during the debate on gun and gangland crime. The response from the Minister of State this evening is also disappointing in rejecting, out of hand, the proposal put forward by the Labour Party.