Eugene Regan (Fine Gael)

We have probably exhausted the debate on these amendments, which are similar, but I want to make some brief points. I do not understand the rationale. If the Minister is dealing with proving the specific offence, it is the direct knowledge of the member of the Garda Síochána of that offence that is required, but at issue here is the opinion of the existence of a criminal gang, which is a more complex task. The Minister keeps referring to knowledge. That is not the criterion in the Bill which refers to "... experience, specialised knowledge or qualifications" and a chief superintendent would fulfil all those criteria, regardless of whether he was in the specific area for some time. The Minister is not accepting this amendment and I believe he is wrong in that but it should be the rank of chief superintendent, where possible.

With regard to the definition of criminal gang, the Library & Research Service has provided me with information to the effect that the definition is very similar to that which applies in New Zealand as contained in section 98A of the Crimes Act 1961, which deals with participation in organised criminal group. It states:

"(1) Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group---

"(a) knowing that 3 or more people share any 1 or more of the objectives ... described in paragraphs (a) to (d) ... contributes, or being reckless as to whether his or her conduct may" [constitute an offence].

The Minister accused a colleague of mine, Deputy Alan Shatter, of copying New Zealand legislation-----