Denis O'Donovan (Fianna Fail)

I welcome the Minister to the House and I welcome the Bill. I compliment him on the manner in which the Bill was presented to the House. His presentation was inspiring and his hands-on approach to the issue gives us confidence that he is well briefed on the issue.

The Bill is not being introduced on the Minister's whim. It follows advice from top level gardaí, particularly the Garda Commissioner. This fact must not be ignored.

I was interested in the comments of the State solicitor for Limerick city, Mr. Michael Murray, on a recent radio programme. I empathise with his comments. They solidify and add another dimension of support for the Bill.

One cannot ignore the remarks of people like Mr. Justice Flood. Among his other comments, he stated that major trials had fallen the wrong way. One would also be foolish to ignore the remarks of Deputies from Limerick, including Fine Gael's Deputy O'Donnell, the Minister of State, Deputy Peter Power, and the Minister for Defence, Deputy O'Dea, an outspoken individual by nature who lives in the hub of gangland activity. Unfortunately, Limerick seems to be the capital of major criminal gangs and the Minister has second-hand knowledge from the people on the ground. These issues cannot be ignored.

A few years ago, Canada had a considerable problem with biker gangs. For two decades, ruthless gangs intimidated and infiltrated Canada's major cities and drastic legislation needed to be introduced to control them. With the aid of good policing and a strengthening of the laws available to the police and judiciary, some of the largest and most ruthless gangs ever to stalk Canada were brought to heel and broken up.

Let us be realistic. In Limerick and parts of Dublin - I noted heroin's recent impact in Cork city, which is closer to home for me - the situation is out of control, more or less. I listened carefully to Senator Regan's comments on providing better technology to the Garda, providing more funding to Operation Anvil etc. To a large extent, I do not have a problem in this regard. However, there is not much point in giving the Garda the best equipment and radios if we fail at the last fence. A Beecher's Brook seems to be emerging in legal parlance, that is, we can only get so far. The gardaí on the ground know what is occurring and which culprits are directing the crimes, but they do not have a legal framework. The Bill provides the necessary mainstay of a legal framework in addition to the surveillance Bill and other criminal justice Bills. The Minister is correct to ensure that the legislation moves through the House swiftly.

The direction of organised crime is an appalling action. Some of it has been done from prison cells, the Costa del Sol, Bulgaria or apartments in Amsterdam. As we must strengthen our laws in response, the Bill is not before time. When reading stories in the media, one would be inclined to take one side or the other unless one was balanced. Since the Bill came into the limelight two or three weeks ago, I have read a number of journalists' substantial reports. I was taken aback when three eminent crime journalists stated that they were afraid due to the intimidation and threats by certain individuals and gangs. This situation cannot be ignored. Do we wait for another Veronica Guerin-style murder? Do we wait for a member of the Judiciary or a politician who stands up against gangs to be intimidated or attacked? I think not. We should move swiftly and introduce the legislation into the Statute Book.

It is important to note the role of the Director of Public Prosecutions, DPP, and his discretion. A number of innocent people have been affected in recent years. The Minister made an impassioned comment that the murder of Roy Collins was the step too far, that someone had dared to take out a person who, rather that being directly involved, was a relation of witness who had been brave enough to give evidence. Other victims include Shane Geoghegan, Brian Fitzgerald, Anthony Campbell, Donna Cleary, Baiba Saulite, Edward Ward and Wayne Doherty. The Bill will try to deal with this type of crime. In fairness to the Minister and with all respect to my learned colleague, Senator Regan, the Minister never stated that the Bill would be a panacea, a utopian answer to everything, unless it was stated on the QT. He realises that, put together with other criminal legislation like a jigsaw puzzle, it will buttress our defences and strengthen the arms of the Garda.

I was taken aback when I read the letter sent to The Irish Times by a group of defence lawyers. They were outspoken in their condemnation of the Bill. While I do not question the integrity of the Irish Council for Civil Liberties, ICCL, I sometimes wonder where it is coming from. I am baffled that, when the people I named were murdered, those eminent lawyers and the ICCL did not express their outrage in a letter. We need a balance and it is important that we get it right.

The Bill contains tough measures, but they are necessary. It is not an easy step for the Government to include organised crime in the Schedule of offences in the Offences Against the State Act so that people can be tried in the Special Criminal Court unless the DPP directs otherwise. It is important to note the creation of a new offence of directing a criminal organisation that will carry a maximum sentence of life imprisonment. As the Minister rightly pointed out, the mules who take drugs from A to B and who are often drug users who cannot stand up to bullies are those who are given five, seven or ten years in jail. The people behind the scenes are professional and sophisticated. Most do not even use drugs or alcohol. They are the ones who direct the organisations and the trafficking. They seem to be above and beyond the law. This legislation will see some of them quaking in their shoes. If so, I will be happy.

The Bill will create an amended offence with a penalty of up to 15 years, namely, the participation or involvement in organised crime. It is important to note that expert Garda opinion evidence on the existence and operations of criminal gangs will be admissible in evidence. I had a small doubt about this, but the Minister clarified the situation. Previously, such difficult legislation demanded, for example, a chief superintendent. Senator Regan referred to my area, which has an expansive coastline where major drug hauls came ashore recently. A chief superintendent might live 60 or 70 miles from where the activity is, but a local detective, detective sergeant or, as the Minister stated, a detective inspector would have a more intimate knowledge of the offences occurring on the ground. It is a serious matter.

It is important to note the reason for the Bill's urgency. On my way to the Oireachtas today, I was glad to note that the surveillance Bill had been signed into law by the President. It is an important bow in the armoury of criminal justice legislation.

I believe I am correct in stating this legislation is to be reviewed annually. If, in three years, circumstances change and the criminal gangs have been dispersed, it will be possible for the Oireachtas to amend it and revert to more normal legislation for dealing with criminal offences. One might assume every action encompassed by this Bill will end up in the Special Criminal Court without any jury but there are safeguards in this respect. It is important to note these checks and balances, whose aim is to protect human rights and avoid miscarriages of justice. In particular, section 3 provides that the legislation will apply only to criminal organisations that exist for the purpose of committing or facilitating serious offences. This will not affect the daily lives of ordinary citizens.

Section 7 provides that Garda expert opinion evidence is only admissible in evidence in regard to the proof of the existence of a criminal organisation, not to the proof of the particular crime being investigated. It is important to note this. The constitutional rights of the defendant are, therefore, protected. Anybody in custody will always have the right to seek a writ of habeas corpus or to apply to the High Court to protect his constitutional rights. The Bill does not have an impact on his constitutional rights.

The safeguards in section 8 include a provision stipulating the legislation will lapse after one year unless the Oireachtas passes a resolution that it should continue in operation. This must happen annually. Section 8 also provides that the Director of Public Prosecutions has absolute discretion to determine whether an accused person should be tried in the Special Criminal Court or the ordinary courts. That is a very important balance and I welcome it.

Section 9 provides that inferences can only be drawn from the failure of an accused to answer questions in certain defined circumstances. The first is where the defendant is told in ordinary language the effect of such a failure when being questioned. Second, the defendant must be afforded a reasonable opportunity to consult a solicitor and, third, the interview in question must be recorded electronically. Checks and balances protect the rights of the accused before any inferences can be drawn.

There is no doubt that this legislation is tough but it is necessary. If it saves even one life over the next 12 months or during the Oireachtas recess, it will have proved its worth. If one gangland criminal, be he from Limerick, Cork or Dublin, is put behind bars on foot on the enactment of this legislation, it will be worth its weight in gold. The legislation is strong and tough but necessary. As Deputies, Ministers of State and Ministers stated in the Dáil, things are out of hand. The public, whose confidence must be restored, requires the coat of armour the Minister is providing with this legislation. I welcome the Bill and commend it to the House.