Terry Leyden (Fianna Fail) | Oireachtas source

I welcome the Minister for Justice and Equality, Deputy Frances Fitzgerald, and her officials to the House. I confirm that Fianna Fáil supports the continuance in operation of section 8 of the Criminal Justice (Amendment) Act 2009, which is a vital legislative tool in the battle against organised crime. This Act was introduced by Fianna Fáil in government and has led to a significant reduction in gangland activity. Section 8 allows for the prosecution of individuals before the Special Criminal Court without a jury for directing a criminal organisation, participating in or contributing to the activity of a criminal organisation for the purpose of committing or facilitating the commission of a serious offence and-or committing an offence for a criminal organisation. This is a necessary legislative provision to rebalance the justice system approach in favour of the gardaí in the fight against organised crime.

The Criminal Justice Bill was enacted by Fianna Fáil in July 2009 to put in place certain additional legislative measures to tackle organised crime. Among those measures was section 8, which provides that certain organised crime offences under Part 7 of the Criminal Justice Act 2006 are scheduled offences for the purpose of Part 5 of the Offences Against the State Act 1939.

The number of arrests under this section is encouraging. It is the proper utilisation by the State of the Special Criminal Courts, non-jury courts, in those situations. The Garda Commissioner and members of the Garda Síochána should be commended on their courageous attack on organised crime throughout the country, particularly in the city of Dublin and Limerick, which I believe has brought peace to that region.

Any person would be terrified to sit on a jury which is open to inspection and because of the easy access to information now, through the Internet and other methods, it is very easy to trace members of a jury, and those members would be putting their lives at risk in certain cases. That is why I fully support this motion and the fact that we have strong, independent and courageous members of our Judiciary who are prepared to sit in the Special Criminal Court and decide on cases based on the evidence given fairly by the Garda Síochána. This section is very worthwhile.

I avail of this opportunity to inform the Minister that deep concern has been expressed by the Garda Representative Association, GRA, and others about the recent release of an individual, whom I will not name, who was responsible for the tragic death of a young garda. He served a very short time. He finished up in Loughan House, in Cavan, from which he escaped for a period. The Garda Síochána, and the public, are very concerned about this situation and I ask the Minister to consider examining the legislation in this regard. Gardaí need special provision and anyone who is responsible for the death of a garda on duty should be sent to prison for a far longer period. The individual about whom I speak had 91 previous convictions. The Minister may be meeting the members of the GRA to discuss this matter and I know that as an effective Minister for Justice and Equality she will do her utmost, in consultation with her senior officials, the Garda Commissioner, the Attorney General and others, to determine where she can strengthen the law in this regard.