Eugene Regan (Fine Gael)

This motion relates to the Criminal Justice (Amendment) Act 2009 rushed through this House on 14 July, at which time we had a long debate on the need for proper examination and thorough vetting of the legislation. However, the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, was insistent that this legislation could not wait and that a breakthrough in terms of tackling gangland crime was imminent by the enforcement authorities and as such this legislation had to be put in place immediately.

The Minister previously stated that legislation in regard to tackling gangland crime was adequate. A continuation of gangland wars and the death of innocent people led to a great deal of debate in this and the other House and a recognition by the Minister that further legislation was needed. The Criminal Justice (Amendment) Bill 2009 was then rushed through the Oireachtas. The Minister during the debate in this House on 14 July stated:

I have heard some comments in recent weeks that the passage of the legislation should be delayed until September ... were the Government to wait until September, no one could be charged in the meantime with any of the proposed new offences [of being a member or a leader of a criminal gang].

In this regard, I am asking what actions have been taken pursuant to enactment of that legislation which justify and vindicate the Minister rushing it through this House? In raising this motion, I acknowledge the work of the Garda Síochána and other agencies in terms of their co-ordinated raids on many premises as announced on 20 August. However, The Irish Times report in that regard specifically states that the searches were not specifically carried out under the new Criminal Justice (Amendment) Act 2009 which created new offences in regard to membership or direction of a criminal gang. The Garda is doing its work and has had other major successes in confiscating and recovering serious amounts of drugs as announced on 19 September. What actions have been taken pursuant to enactment of the legislation given the Minister's insistence a full debate on it in this House was not necessary and that it was required instantly?