Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

It is relevant to the Bill. In any event, I am of the view that this is far too modest, and that we should be aiming for in excess of 16,000 gardaí. In the last four months of 2018 there was an embargo on overtime in the Garda. We have seen a 40% reduction in community policing. The South has one of the lowest police-to-population ratios in Europe with 278 gardaí per 100,000 citizens, which is 40 fewer than the EU average.

I recognise that the front-line members of An Garda Síochána, are doing all within their power to confront this problem. I note the actions of the Criminal Assets Bureau, CAB, in recent days, and I note also that countless operations by gardaí have stopped crime and killings, and I pay tribute to them for that. However, the Government is not putting in place the resources they need. According to Seamus Boland of the Garda National Drugs and Organised Crime Bureau, the Garda is targeting "in the region of 20 groups" at any one time. Some of the groups, such as the Kinahan gang, could have hundreds of people linked to it. That is the scale of the challenge.

Last year, my colleague, Deputy Ó Laoghaire, called for "a comprehensive review of the emergency legislation in advance of its renewal next year" – that is now - which would focus on how to modernise the criminal justice system to make it responsive to the needs of Ireland in 2019. However, that has not happened. Sinn Féin believes we need new legislation to repeal the outdated emergency Acts currently in place and to replace them with strengthened legislation providing for new courts to deal with such cases. The reality is that the Garda and the courts are facing 21st century challenges with 20th century legislation. The current outdated criminal justice system does not act as a deterrent to organised crime. It is in fact exploited by it. Sinn Féin recognises that there are certain criminal cases which are more difficult to prosecute given the nature of organised crime today. The opportunity for well organised and well-funded criminal enterprises to influence juries, tamper with evidence or intimidate witnesses is greater than in the vast majority of criminal cases. While always supporting, defending and promoting the judicial norms of the right to a jury trial, only in very special circumstances should we deviate from that in order to protect the judicial process. Currently, hearings at the Family Court are held in camerawhile the drug treatment court is a specialised court operating within the legal system. Therefore, Sinn Féin does not oppose special courts and court procedures to deal with the very specific circumstances of violent, organised criminal gangs which present serious threats to the security of the State and communities when the ordinary courts are prevented from securing the effective administration of justice. The Constitution provides for that.

The manner in which we try cases involving serious crime is not adequate, and we must offer greater protections to jurors and witnesses to ensure greater success in putting criminals away. The kind of legislative change required has been debated, some of which has been considered by bodies such as the Law Reform Commission. We believe there is a need to create a specific offence for tampering with a jury. We also believe there is a need to increase penalties for intimidation of jurors under section 41 of the Criminal Justice Act 1999. There are undoubtedly circumstances where it will be appropriate, necessary and proportionate to provide for the anonymisation of juries and witnesses. The Government has, rightly, provided that for witnesses recently in the Domestic Violence Act and it could be provided for here as well. It could be done via screens in a court room or in very particular circumstances, remote location of jurors with a video link to the court room. We should take all steps necessary to ensure the safety of jurors and witnesses, but the Government has not even considered these matters. Such legislation could have an inbuilt independent review of legislation to ensure its effectiveness and that it is rights proofed. That is something the Commission on the Future of Policing has recommended, and I expect the Minister to implement it.

I could say much more but I am stuck for time. My Sinn Féin colleagues have articulated our long-stated view on the matter and the Minister is aware of it. We want to get this right and to approach it in a human rights compliant way that ensures the right outcome for all of us. We do not shy away from challenging criminal gangs and we do not shy away from so-called dissidents, North or South, who are more likely to challenge people like me on a daily basis and to threaten members of my party than anyone else. We do not shy away from that. We must ensure the emergency legislation is fit for the 21st century rather than an outdated 20th century piece of work.