Eugene Regan (Fine Gael)

I fundamentally disagree with the Minister. I do not understand why we are running the risk of proceeding with this provision or why he is refusing to accede to my amendment. There are many elements which come into play in order to form the opinion that a criminal organisation exists. A person of the rank of chief superintendent can call on all of the resources required, such as the knowledge relating to a criminal gang and the various reports relating to the previous convictions of particular individuals. Under the section, the question of bad character is also taken into account in forming this opinion. Criminal law legislation has been misused in the past. All we are doing is trying to ensure that the necessary safeguards will be put in place in order to ensure that such misuse will not be repeated.

In many instances, individual gardaí can be too close to an issue and cannot see the wood for the trees. A chief superintendent will have a broader view of an entire Garda operation. It is not merely a question of an officer possessing requisite or direct knowledge of some individuals who may have previous convictions or be guilty of bad behaviour.