John Moloney (Laois-Offaly, Fianna Fail)

I thank the House for the opportunity to address it on this important matter. At the outset, I would like to extend my condolences to the family and friends of Roy Collins, a respected member of his community who was so brutally gunned down, and to the family and friends of other victims killed in similar circumstances. An extensive Garda investigation into the killing of Mr. Collins is under way and has made good progress so far, with one person already charged. A person has also been charged with the murder of Shane Geoghegan. Senators will appreciate that I am, therefore, greatly constrained in what I can say about the specific incidents.

Let me first assure the House that tackling organised and gangland crime remains and will continue to remain a primary concern for the Minister, the Government and the Garda Commissioner. One of the priorities the Minister has set for the Garda Síochána is the targeting of serious crime, in particular organised, gun and drug-related crime. The Garda policing plan for 2009 contains a series of measures aimed at reducing the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in serious criminality of this type.

The Minister is very clear that we cannot allow organised criminal gangs to attempt to undermine the functioning of the criminal justice system. Such behaviour demands a response from the State and such a response will be forthcoming.

I make the point that Garda strength has increased very significantly in recent years, with the number of attested members going from 11,895 at the end of 2002 to 14,371 in the most recent figures, an increase of 21%. The strength of the force is scheduled to reach approximately 14,900 by the end of this year. There has also been a significant increase in civilian support staff, with the total number of whole-time equivalent civilian personnel going from 1,688 at the end of 2007 to 2,133 in the most recent figures, an increase of 26%. So, while the moratorium recently announced by the Minister for Finance will have a temporary effect on recruitment into the Garda Síochána, its record strength means that it is in the best possible position to absorb the impact and continue to deliver a top-class policing service.

With regard to the Limerick Garda division, I understand that at the latest date for which figures are readily available, its personnel strength was 634. This is an increase of 211 or almost 50% since the end of 1997.

The budget for overtime in the Garda Síochána for 2009 has been reduced from a record provision in 2008, but is still a substantial €80 million. This includes an increase in the allocation for Operation Anvil from €20 million to €21 million.

Very significant efforts and resources are being directed on an ongoing basis into tackling organised crime and gangland culture, and the State will continue its relentless approach to bringing those involved in such activities to justice. Persons involved in organised criminal activities, including persons suspected of involvement in drug trafficking, importation, sale and supply, as well as the illegal importation of firearms, are being targeted by the Garda Síochána on a number of fronts, involving uniform and plain-clothes personnel overtly and covertly disrupting known criminals in the course of their criminal activities. Such criminals, their operating methods, criminal interests and financial assets are likewise proactively targeted through intelligence-led operations, particularly under Operation Anvil.

Under Operation Anvil, which commenced in May 2005 in the Dublin metropolitan region and was extended countrywide in 2006, almost 2,500 firearms have been recovered throughout the country up to 22 March last. There have also been over 7,500 arrests for serious crimes such as murder, serious assault, robbery and burglary and over 72,000 searches for weapons, drugs and stolen goods. At a time when the public finances are under pressure, the Minister is determined that top priority will continue to be given to front-line policing. Funding for Operation Anvil has, therefore, increased from €20 million in 2008 to €21 million in 2009 to enable it to continue with targeted disruption of serious and organised criminal activity.

One very effective tool available to the State since the mid-1990s has been the Criminal Assets Bureau. The bureau has been extremely successful over the years in seizing the proceeds of criminal activity in a very effective and visible manner. It represents a new form of policing designed to disrupt and disable the capacity of targeted individuals from participating in further criminal activity. As a result, a criminal investigation can continue while a financial investigation, a tax examination and a social welfare examination can also proceed.

The public can see for themselves the effectiveness of the bureau's co-ordinated multi-agency approach in dealing with the assets derived from crime. This model of a co-located bureau focusing solely on the proceeds of crime was one of the first of its type in Europe and the powers given to it are far-reaching. A recent and important development at the bureau has been the rapid expansion in the number of trained asset profilers who are now working all over the country. There are over 100 trained asset profilers working in the Garda Síochána and these have now become an invaluable resource for the bureau in doing the early groundwork on possible targets and in keeping the bureau informed of developments at local level. While the profilers are based outside the bureau, their work is being embedded into the bureau and this means that criminals in every corner of Ireland are within reach of the bureau.

The State is already expending very significant efforts and resources in tackling organised crime and gangland culture and it will be relentless in its approach in bringing those involved in such activities to justice. The Garda Síochána utilises intelligence-led operations in the fight against crime and, in this context, the information and assistance made available to the Garda by the public remains invaluable in ensuring that those who engage in criminal activities can be brought before the courts to answer for their actions.

A significant element of the fight against organised crime and criminal gangs on an ongoing basis involves the use of specialist units. Units such as the National Bureau of Criminal Investigation, the Garda National Drug Unit, the Organised Crime Unit, and the Criminal Assets Bureau, as well as the Garda Bureau of Fraud Investigation and the Garda Technical Bureau, each bring with them expertise and skills in specific areas of policing. The Organised Crime Unit, which has been established on a permanent basis, has the specific remit of targeting those suspected of involvement in organised crime, including the trafficking, importation, sale and supply of drugs.

The actions of all of specialist Garda units are co-ordinated by the assistant commissioner with responsibility for national support services in order to ensure that a comprehensive approach is taken to tackling issues throughout the State. The work of these units is at all times guided and supplemented by the security and intelligence section which assists with the provision of intelligence briefings and timely information required for Garda operations.

An Garda Síochána undertakes several multi-agency actions designed to target the activities of criminal organisations involved in the sale and supply of illicit drugs. It conducts targeted operations against individuals and organisations operating in the State which have known links to international criminals, including Irish nationals based abroad. It co-operates on an ongoing basis with the Customs and Excise Service of the Revenue Commissioners in the proactive investigation of persons suspected of being involved in international drug-trafficking.

In addition, the Garda works closely with Customs and Excise and the Naval Service under the umbrella of the joint drugs task force. It exchanges strategic and operational intelligence with other law enforcement agencies, including Interpol and Europol, in accordance with legislation and operational protocols. It assists international law enforcement agencies which are conducting investigations with suspected involvement by Irish nationals, through the mutual assistance agreement in criminal matters. Our involvement in the establishment and operation of the Maritime Analysis and Operations Centre, based in Lisbon, Portugal, is a good example of this international co-operation in practice.

The Garda national drug unit is responsible for targeting networks involved in the sale and distribution of illegal drugs. A dedicated section in the unit has been established to liaise with the Criminal Assets Bureau to target in particular those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.

At local level divisional and district drug units have been established with the specific remit of targeting individuals engaged in the sale and distribution of drugs to local communities. These units are supported by local Garda resources as well as the national unit. This integrated approach adopts best practice in implementing a co-ordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. In addition to these specific initiatives, all members of the Garda have responsibility to enforce the criminal law, including relevant drug trafficking legislation. The situation is being closely monitored and kept under constant review by senior Garda management in conjunction with regional assistant commissioners and heads of units.

An Garda Síochána also maintains close liaison with other law enforcement agencies across Europe and elsewhere, exchanging information and intelligence, which has led to several successful joint operations. An Garda Síochána has several liaison officers on secondment to other jurisdictions and to other international bodies such as Interpol and Europol. Through these officers, information is passed between law enforcement agencies to ensure national borders are not, and cannot, be used by criminals as a means of frustrating law enforcement agencies.

It is the duty of every member of An Garda Síochána to enforce legislation, including drug-related legislation. All Garda resources, therefore, can be utilised in specific operations to target drug criminality. Through such a strategy which includes ongoing specific initiatives and intelligence-led operations, the Garda continues to seize substantial quantities of illegal drugs and identify those involved in the importation, distribution, sale and supply of illegal drugs. As a result, drug seizures of a total value of over €168 million were made in 2007 and just under €200 million in 2008.

An Garda Síochána is satisfied that, in addition to this considerable volume of drugs seized in past two years and again this year to date, there has been a significant impact on drug trafficking by the arrest and prosecution of several major players involved and the activities of crime gangs have been disrupted, resulting in several crime groupings being dismantled. However, there is no room for complacency and our drug law enforcement efforts will continue to be vigorously pursued.

Robust legislation is already in place to fight gangland crime. We have made substantial changes to our criminal laws in recent years, many of which are targeted at the fight against gangland crime. The Criminal Justice Acts 2006 and 2007 introduced wide-ranging reforms to strengthen the capacity of the Garda to tackle serious crime. One of the most far-reaching has been the introduction of seven-day detention for offences connected with organised crime, such as murder or kidnapping involving the use of a firearm.

The intimidation of witnesses is an offence pursuant to section 41 of the Criminal Justice Act 1999, which specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by An Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence is punishable on indictment by a fine or a term of imprisonment of up to ten years. We are examining increasing this penalty.

Since 1997, An Garda Síochána has operated a witness security programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic witness intimidation. Legislation was not required to establish this programme but its operation is supported by section 40 of the Criminal Justice Act 1999, which makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the programme. The offence is punishable on indictment by a fine or a term of imprisonment of up to five years.

An Garda Síochána rigorously enforces the provisions in the law relating to witness intimidation and protection. In circumstances where the senior investigation officer in a case has identified a witness who is crucial to the case and the evidence to be preferred is not available elsewhere, and there is a serious threat to the life of the witness or his or her family, an application can be made, with the consent of the witness, to have him or her included in the programme. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge who has discretion to revoke bail or place other sanctions on the accused or suspect.

Our bail laws have been strengthened to allow the prosecution to mount a more effective challenge to bail applications. For example, applicants for bail can be required to provide a statement of their means so the prosecution can highlight any divergence between their lifestyles and their stated means as evidence of their involvement in gangland activity. The circumstances in which inferences may be drawn at trial from a suspect's silence in response to Garda questioning have also been expanded. The Minister for Justice, Equality and Law Reform will continue to press forward with this work in strengthening the criminal law.

Since his appointment, the Minister has expressed concern at the number of handguns which have been licensed here in recent years. Some time ago, the Minister directed the Department and An Garda Síochána to carry out an urgent and intensive review of the firearms law. Following this, he has brought forward proposals for strengthening the law. These include no new licenses being issued for handguns, subject to limited exceptions in Olympic sports. Existing licenses will not be renewed unless applicants fully meet the requirements of a radically tightened licensing procedure where the safety of the community will be paramount. While a de facto ban on new handgun licences is already in place, the Minister's proposals will also be given legislative form in the criminal justice miscellaneous provisions Bill.

The Minister's proposals for the criminal procedure Bill are also well advanced. While the Bill will be primarily aimed at giving effect to the legislative aspects of the justice for victims initiative, which the Minister announced last June, some elements of it will be of considerable benefit in our fight against serious crime. In particular, the Minister is considering a proposal that will enable the Director of Public Prosecutions to seek a re-trial where an acquittal is tainted due, for example, to intimidation of witnesses or jurors. There will also be a provision on expert evidence to ensure the prosecution is given adequate opportunity to examine and challenge evidence being introduced by the defence. In other words, there will be a levelling of the pitch. The Minister expects to be in a position to seek Cabinet approval for the publication of the Bill presently.

Work is also ongoing in the creation of a DNA database for criminal investigation purposes. Such a database will greatly enhance the intelligence available to the Garda in the investigation of crime. The Minister expects to be in a position to publish legislation in this area by the summer.

While significant legislative changes have been made in recent years and significant operational resources and initiatives put in place, we must constantly monitor the resources, both legislative and operational, at the disposal of the State to fight this type of criminality. Those engaged in such activities are constantly changing their mode of operation. It is incumbent on us to anticipate and respond appropriately and effectively. The Minister is consequently working on a range of measures to combat gangland crime. The Minister published the Criminal Justice (Surveillance) Bill 2009 on 17 April and it began its passage through the Oireachtas yesterday. It is a mark of the importance of the measure that the debate in the Oireachtas commenced so soon after the Bill's publication. Senators will discuss the Bill in due course, but I would like to say a few words about it.

The Bill's primary purpose is simple. It is to facilitate the use in evidence in criminal proceedings of material gained by secret surveillance while ensuring that the encroachment on certain rights relating to personal privacy and privacy of property, particularly a dwelling, which this entails is both limited and proportionate. The Bill provides for the first time a basis in law for secret surveillance by the organs of the State concerned, principally the Garda Síochána in its role as the primary law enforcement and security agency of the State. The Defence Forces are included because of their parallel responsibilities in protecting the security of the State and the Revenue Commissioners are also included as they have a front-line role in guarding against the illegal importation of drugs and firearms. It is easy to see how the interests of these agencies may coincide, for instance in the case of joint operations by the Garda and Revenue to target money laundering and tax evasion, which is a key element in the fight against organised crime.

The Bill sets out the rules that will apply to the admissibility of that evidence. It is generally accepted there are some circumstances in which the State in a democratic society may in the common interest exercise special powers denied to ordinary citizens. The right to privacy is a case in point as it may be interfered with in certain circumstances and subject to safeguards. Another rights-related issue is that which deals with the right to a fair trial and the associated evidential issues such as admissibility and disclosure of evidence. In dealing with these matters, the Bill takes into account the principles of the Constitution and the European Convention on Human Rights. The Bill seeks to strike the correct balance between the competing interests of privacy and due process on the one hand and the protection of persons and the prevention of crime on the other. Until now the Garda has been reluctant to use this evidence in court, mainly for legal and operational reasons, but that policy has changed. In the Garda Commissioner's opinion, the changing nature of crime and particularly the growth of organised and ruthless gangs requires the security response to be stepped up. In addition, as I mentioned, the threats to society and to the integrity and effectiveness of the criminal justice system itself that these gangs pose, particularly the attacks on ordinary people going about their daily lives, require a corresponding robust legal response.

The use of sophisticated surveillance devices is now an essential tool in the fight against serious crime in many jurisdictions throughout the world. It provides tactical and strategic information for the agencies concerned in their respective fields of operation and for effective cross-agency co-operation as required. It delivers real-time intelligence on the plans and actions of criminals, subversives, terrorists and other sources, which allows the agencies to disrupt their plans and frustrate their actions. It can identify the perpetrators and facilitate their arrest and it can reveal the existence of new sources from which a broader understanding of the threat from criminals and others can be assessed and preventive strategies developed accordingly. The use of secret surveillance after a crime has been committed can lead to the arrest of the perpetrators and assist with the direct recovery of any proceeds and the unravelling of any related money laundering operations. Crucially, surveillance can prevent loss of life. It is of inestimable value in dealing with ransom cases and crimes of revenge and retribution within the criminal community.

The Bill represents a significant advance in the process of bringing those involved in serious criminal activity to justice and it demonstrates the Government's ongoing commitment to the fight against crime and the safety of citizens. It adds to the measures already introduced by the Criminal Justice Acts 2006 and 2007 in dealing with the prosecution of gangland crime. It provides an appropriate and, more important, a proportionate balance between the competing demands of protecting people's rights to privacy and ensuring we live in a society safe from the threats of crime and terrorism. The Bill respects our obligations under the Constitution and the European Convention on Human Rights while ensuring that effective mechanisms are in place to support the Garda and other agencies in carrying out their work.

Given the continuing serious problems with tackling organised crime gangs and their increasing attempts to undermine the criminal justice system through extreme acts of violence and intimidation against witnesses and ordinary citizens, the Minister is working in consultation with the Attorney General on the introduction of further measures to tackle such gangs. As I said, the information and assistance the public make available to the Garda remains invaluable in ensuring those who engage in criminal activities can be brought before the courts to answer for their actions. Anything that would reduce that assistance is a matter of concern. The gangs are also aware of that, so they have on occasion engaged in intimidation of witnesses and jurors. In light of this ongoing intimidation, the Minister is considering making the powers to combat subversive organisations applicable also to criminal gangs. This would mean that certain crimes involving criminal gangs would be scheduled offences for the purposes of the Offences Against the State Act so they will be tried in the Special Criminal Court unless the DPP directs otherwise.

The Minister is also considering introducing several new organised crime offences with maximum prison sentences of 15 years to life. Under consideration are the creation of new offences of membership of a criminal organisation and directing a criminal organisation and making those offences scheduled offences as regards the Special Criminal Court; simplifying the procedures for extension of time for questioning of suspects; and increasing the penalties for intimidation of a witness or juror. Senators will appreciate that complex legal and constitutional issues are involved in these proposals. The Minister is therefore in close consultation with the Attorney General and will of course take his advice into account before finalising the proposals.

There is no doubt that the scourge of gangland crime is a real concern for the Government, the Minister and An Garda Síochána. As I have outlined, significant efforts are made daily to tackle this problem. The Minister asked me this morning to assure the House that he will continue to make the fight against crime a priority. The substantial changes we have made to our criminal laws in recent years, together with the proposed changes I have outlined, will complement the excellent work that An Garda Síochána carries out daily. I assure the House that the State will continue to be relentless in its approach to bringing those involved in such activities to justice and will adjust that approach as necessary in the light of the evolving challenges.

I thank Senators for their forbearance.