John Perry (Sligo-North Leitrim, Fine Gael) | Oireachtas source

The resolution will provide for the continuation in operation of section 8 of the Criminal Justice (Amendment) Act 2009 for a 12-month period beginning on 30 June 2014. Let me remind the House of the background to the 2009 Act. It was a response to a number of difficulties that were being experienced and circumstances in which the entire justice system was under serious threat. Organised criminal gangs were behaving as though they were untouchable by the gardaí and the courts. The House will recall certain dreadful crimes where the gangs involved acted in a way that portrayed their willingness to undermine the very operation of our criminal justice system. Hand in hand with the disregard for human life was the intimidation of whole communities to prevent people co-operating with the forces of law and order to bring these thugs to justice. If these people were prepared to intimidate witnesses, why would anyone believe they would not also intimidate jurors?

It was imperative for the Government, and the Oireachtas, to take the steps necessary to ensure the criminal justice system was robust enough to withstand the assault that was launched upon it through intimidation of and violence towards witnesses and jurors. The measures contained in the Criminal Justice (Amendment) Act 2009 were designed to tilt the balance firmly in favour of the rule of law and justice and instil confidence in all that criminal gangs were not going to be permitted to frustrate criminal investigations or prosecutions of their activities.

The Act provides for a limited number of specific organised crime offences to be prosecuted in the Special Criminal Court. The proposal to use the Special Criminal Court for a limited number of organised crime offences removed the possibility of jury-tampering or the intimidation of jurors. Therefore, the purpose of section 8 is to ensure organised criminal gangs cannot interfere with the criminal process to determine the outcome of cases. To this end the section declares that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in regard to certain offences. The offences in question are the organised crime offences under Part 7 of the Criminal Justice Act 2006. In brief, they concern the following: directing the activities of a criminal organisation – section 71A of the Criminal Justice Act 2006; participating in or contributing to certain activities of a criminal organisation – section 72; committing a serious offence for a criminal organisation – section 73; and liability for offences committed by a body corporate – section 76.

Section 8 of the Criminal Justice (Amendment) Act 2009 makes these scheduled offences for the purposes of Part V of the Offences against the State Act 1939. While this means that the Special Criminal Court will hear prosecutions for the offences in question, the Director of Public Prosecutions may still exercise her power to direct that the offences should be tried in the ordinary courts. Permitting the DPP this discretion maintains the fundamental balance in deciding which cases are appropriate to be tried in the Special Criminal Court.

A further bulwark in maintaining this balance is set out in section 8(4) of the 2009 Act which provides that the section shall cease to be in operation unless a resolution has been passed by each House of the Oireachtas resolving that it should continue in operation for a further period to be decided by the Oireachtas. In order to assist the House in considering the motion on the continuation of section 8, section 8(6) provides that before a resolution is passed, the Minister for Justice and Equality must prepare a report, which shall be laid before both Houses, on the operation of the section in the period under report. The report, covering the period from 1 June 2013 to 31 May 2014 was laid before both Houses on 16 June 2014. It provides considerable detail on the operation of the legislation. In all, there were 29 arrests under the relevant provisions. Charges have resulted in a number of these cases including charges in respect of murder, possession of firearms, burglary and the handling of stolen property.

The Act has been in operation for almost five years. While there have been arrests under the relevant sections of the Criminal Justice Act 2006, no cases have yet come before the Special Criminal Court in accordance with section 8. This does not, however, invalidate the reasoning for having such a provision available for use in appropriate circumstances. Rather, the use of the Act to date serves to highlight the considered approach of the DPP. The reasons for which the Government seeks the renewal of section 8 are clear. Organised crime continues to present a significant law enforcement issue with a number of criminal gangs continuing to engage in serious crimes. There is, unfortunately, stark evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Since 2009, there have been 68 murders linked to organised crime. We are also faced with the reality of growing and inextricable links between paramilitary groups and organised crime. It is clear that age is no barrier to becoming a victim of gun crime. Witness, for example, the appalling shooting of a six year old child in Ballyfermot last Friday. The House will share the Minister's revulsion and that felt by the population as a whole in the wake of this dreadful act. The Minister, Deputy Fitzgerald, appeals to anyone who has information which could be helpful to gardaí to pass it on immediately.

In the report to the Minister on the operation of section 8, the Acting Garda Commissioner expresses the clear view that the provision will be required for some time to come. The Minister must have the utmost regard for the views of the Garda authorities in matters such as this. The Acting Commissioner has the Government's full support in tackling these scourges of society. In all the circumstances, the Minister considers that it is necessary to continue section 8 in operation for a further period of 12 months from 30 June 2014. I commend the Motion to the House.