Seanad debates

Tuesday, 14 July 2009

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages

 

5:00 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I will rephrase that and say that I urge the Minister not to change his stance because he has hit the nail on the head with this Bill. It shows tremendous courage and conviction and that he is prepared to take action, not just talk. As far as I can see, the Opposition is all talk and no action. It is trying to delay the Bill. The Minister has outlined why the Bill must be passed and be available to the Garda Síochána to fight organised crime. That is what it is all about. The fact that a garda, whether in the force or retired, could be called on to establish the existence of particular organisations, although not an individual as such, is clear in the Bill. The Minister outlined it extremely well today and it is a very clear Bill. It is the Director of Public Prosecutions, an independent authority, who decides whether cases are suitable for a non-jury court, namely, the Special Criminal Court. There are many safeguards in the Bill.

I note the concerns of the Garda Representative Association, which has, I presume, expressed them to the Minister. However, I have one question about the giving of evidence by a member of the Garda Síochána, whether current or retired. What protection is there for that garda in court with regard to his or her identity? The garda should identify himself or herself and be satisfied that the judge knows his or her identity. Would the Minister consider amending the regulations so that the garda would not be identified? These gardaí have families and are subject to vendettas by these criminal organisations. Gardaí are at the cutting edge of the fight against organised crime. Many have sacrificed their own lives in defending the State. That is why the Minister is supporting the Garda in its work. I note the input of the Commissioner, Fachtna Murphy, a courageous leader of the Garda Síochána, who has urged the Minister, as far as I can see from his statement today, to introduce the Bill as quickly as possible so that he may have more tools with which to fight organised crime.

The idea behind the Bill is to deal with the intimidation of juries.

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