Maurice Cummins (Fine Gael)

I am on the record of this House as having called, on at least two occasions, for gangland criminals to be treated the same as terrorists. Jury intimidation, interference and threats, and the killing of fellow gangland figures - but especially innocent victims such as Roy Collins and Wayne Doherty - constitute an attack on the very fabric of this State. Whether we like it or not, criminal gangs thrive in this State at the moment. These gangs who terrorise entire communities, especially in Limerick and Dublin, pose a genuine threat to the State and they must be put out of business.

I fully support the new provisions in this Bill and especially the new powers to allow the non-jury Special Criminal Court to try suspected gang leaders and members. I see this as an essential step in removing jury intimidation from the courtroom. We must remember, as has been pointed out, that the Director of Public Prosecutions still retains the discretion to seek a jury trial.

While supporting the Bill and its provisions, I totally disagree with rushing this legislation through the House without adequate research, consultation or debate. I recall that when the Criminal Justice Bill was going through this House in 2006, the then Minister for Justice, Equality and Law Reform, Michael McDowell, listened, debated and exchanged opinions with several Members of the House for weeks. He accepted amendments from Senators, including several which I tabled myself. Whether or not one agreed with him on the Bill, one at least knew that it had been teased out properly and the democratic process was clearly seen to work.

If this Government was serious about allowing proper debate on this Bill and others, it would have held back both Houses of the Oireachtas for another week or two to ensure that this legislation was not rushed and was debated properly. Be that as it may, the Bill is now before us and we must deal with it to the best of our ability as legislators, despite the time limitations that are being imposed.

I read with interest the comments of a parish priest, Father Joe Coyne, at the recent funeral of Wayne Doherty. His words deserve to go on the record of this House. He said:

It is utterly scandalous, totally unacceptable and beyond any conventions of right or wrong that somebody would be shot brutally outside his parents' house. How dare anybody think they have the right to decide who lives or who dies. How can anybody have the gall to carry weapons, or to drive people carrying weapons or to supply weapons? People or society could never give in to that type of violence.

Fr. Coyne said that such matters were now under discussion in the Oireachtas, and asked why people should not be accountable for their actions if they are known to be involved in criminal activities and particularly organised violence. With reference to this Bill, he said, "It is complicated. Nobody wants a police state, yet there is a decision, and wisdom is needed among our legislators". Fr. Coyne's words covered a lot of ground and I hope that we in our wisdom will make the right decisions today. It is unfortunate, however, that no matter how salient or relevant our amendments are, we are only going through the motions because the Dáil will not be recalled to deal with any of them. This is a negation of democracy and an insult to the Members of this House.

The rights of citizens are protected through the rule of law. It should mean speedy, effective and affordable justice. It should mean guarding communities against thugs and gangsters. We need to bring back respect for the rule of law and law enforcers. Members of the legal profession must also accept it is their duty to ensure that citizens have the right to prompt and affordable access to the courts. Let us face it, this is not currently the case.

The growth of gang crime, intimidation and fear in communities have grown out of all proportion in the last decade. The Criminal Assets Bureau has been a valuable tool in assisting the State in bringing many criminals to justice, but can we say that we have less crime now than when the bureau was formed following the killing of Veronica Guerin? We seem to have many more drug-related gang lords and their lieutenants on the streets of our towns and cities. We must respond with adequate - and some may say, draconian - laws to address modern needs and the ever-changing methods employed by these ruthless people.

These new laws will, I hope, target those who see themselves as being above the law and who show contempt for all decent people and society at large. They prey on the vulnerable, destroying communities and threatening the very fabric of society. They must be brought to justice and taken out of society for a long time to allow good people in communities to live in peace, without fear and intimidation, and to prosper as many other communities have done in the last decade.

I hope this Bill will be a start in stemming the tide of crime which is swamping our country at present. Making laws is one thing, but it is a futile exercise if gardaí do not have adequate resources to enforce them. This is a test for the Government. Will this legislation be enacted just to satisfy a public which is weary and angry at the level of crime? Will it gather dust or will we see the necessary funds being allocated to ensure its provisions empower those charged with enforcing the law to carry out the laws as intended? The jury is out on that, but I will not shirk in my responsibility in supporting laws that will assist in bringing gangland figures and murderers to justice. It is over to the Government o back up this legislation with the necessary resources.

I wish to refer to an article in last Saturday's Irish Independent by Jim Cusack, a journalist who is an excellent commentator on criminal matters. He reported how a retired senior detective, who faced down some of the worst criminals in the State, has condemned the Government for not properly resourcing the witness protection programme to allow gang members to turn State's evidence against their associates. He also referred to the ludicrous requirement for senior gardaí to retire at 60, which resulted in the loss of people with invaluable experience and knowledge. I hope better resources will be provided to enable the provisions of the Bill to be enforced. This should be financed and run in a better way than the witness protection programme.

There are ten other Members offering to speak on this Bill.