Eugene Regan (Fine Gael)

-----but I notice a distinct parallel with this legislation in regard to the definition of a criminal gang.

The Minister said that he takes his advice from the Attorney General. On different occasions in the debate in the Lower House and here he indicated that he would be happy to have the chief superintendent as the designated person to give the opinion of the existence of a criminal gang and draw the inferences from the evidence available and expertise, intelligence reports etc. but that the Garda insists on the wording he now has in the Bill. I would have thought the Attorney General should have the last word on that, not the Garda Síochána because the Minister, ultimately, must exercise his judgment ultimately on these matters. Time and again that argument has been used in this House. There was a proposal that the witness protection programme should be put on a statutory basis but that was not to happen, notwithstanding the fact that it is proving very ineffective because the Garda Síochána insists that it be left on an ad hoc basis. The Minister should exercise his judgment in this case based on the best legal advice from the Attorney General and the safeguards that are necessary in this legislation. The cool eye of a chief superintendent assessing the information available would be the most appropriate procedure.