Seanad debates

Wednesday, 15 June 2011

Criminal Justice (Amendment) Act 2009: Motion

 

7:00 am

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I welcome the Minister to the House. As Fianna Fáil spokesman on justice, I wish to confirm my party's total support for this provision. It is a reflection of the times we live in that our legal and criminal justice system has had to be amended to provide for trials of organised crime offences to be held in a Special Criminal Court. As the Minister said in his speech, the normal process of trial by jury does not apply under these arrangements. There are very good reasons for that. The Minister mentioned that this is relatively new legislation. I do not think the fruits of what the Legislature intended when it passed the legislation in question have been seen on the streets to date. I expect that they will be evident soon. I am not looking forward to that, but the reality is that it is necessary. In parts of Dublin and particularly in Limerick, trials have collapsed as a result of intimidation of jurors, witnesses, etc. These extreme measures were introduced because this has become a relatively regular occurrence, unfortunately. There is no doubt that the Al Capone scenario we saw in Limerick over a 15-year period has abated. Many of the serious criminals in that city are behind bars, thanks to the vigilance and constant surveillance of the Garda. The Garda authorities have enjoyed some success, albeit perhaps not as a direct result of this legislation.

Like the Minister, I would like to compliment the Garda on its tremendous fight against crime. The Minister mentioned a couple of successful operations that resulted from intelligence-led investigations. The operations in question, in Slane and in Enfield, are to be commended. I would like to express my appreciation and gratitude for the apprehension of an armed gang in Kill recently. I do not want to say much about the matter because it is sub judice. A group of armed men were traversing the streets of a relatively quiet country town between 1 a.m. and 1.30 a.m. They were not out for a midnight ride with Paul Revere. They were not out "gallivanting around" the country, to use the late Brian Lenihan's phrase. They had a serious criminal intent in mind. They may have been planning some sort of tiger kidnapping or some other criminal activity. They were quite heavily armed. The Garda must be complimented for apprehending them. I welcome that. The citizens of this country can sleep a little easier in the realisation that a powerful branch of the Garda - the emergency response unit - is working with the Criminal Assets Bureau and other bodies to ensure they are properly protected.

There is no doubt that the legislation we are discussing is severe. These provisions are extreme. The Minister for Justice and Equality is required to come before the House on an annual basis. If he does not do so, these provisions will lapse. I welcome the statement of intent on the part of the Minister, Deputy Shatter, to the effect that this legislation will be strengthened if it transpires that it is not strong enough to deal with armed criminals and drug lords. It is difficult to envisage how that could be done if it is deemed necessary. The Minister's intention is to ensure law-abiding citizens are protected. He wants the streets of Dublin, Limerick and Cork, not to mention our country lanes, to be more secure and more peaceful for normal law-abiding citizens. Any measure he is prepared to introduce to that end will receive my full support, if necessary. The Minister's speech covered all of these matters comprehensively. I endorse what he said, by and large. I will conclude by stating categorically that along with my Fianna Fáil colleagues, I fully support the Minister's decision to continue this severe and draconian provision.

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