Mary Upton (Dublin South Central, Labour)
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Question 68: To ask the Minister for Justice, Equality and Law Reform the measures he intends to bring forward to deal with the activities of criminal gangs in regard to his address to the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights on 9 December 2003; when he expects that the legislation will be published; and if he will make a statement on the matter. [16310/04]

Michael McDowell (Dublin South East, Progressive Democrats)
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When I appeared before the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights on 9 December 2003, I addressed in detail, with particular reference to the activities of criminal gangs, the measures I intend bringing forward to enhance the investigation and prosecution of criminal offence. I intend to provide for measures that require legislative provision in the criminal justice Bill, which I expect to publish during the session. I made the heads of the Bill available to the joint committee and the measures include a statutory power to preserve a crime scene; a general power in relation to the issue of search warrants; increased detention powers of up to 24 hours for arrestable offences; amendments to the Criminal Justice (Forensic Evidence) Act 1990, in particular, to reclassify saliva as a non-intimate sample; extending the power of the prosecution to appeal in limited circumstance, particularly in regard to points of law; and general provisions, mostly of a technical nature, to improve efficiency in the prosecution of offences.

I informed the joint committee that I was considering a number of further proposals for inclusion in the Bill, which have been referred for drafting. These include a provision on the admissibility of statements made by witnesses, who subsequently refuse to testify or retract their original statements.

I also informed the Committee that, while I see serious practical evidential difficulties in creating an offence of membership of a criminal gang, I am examining the issue in conjunction with the European Union Joint Action on Participation in a Criminal Organisation, adopted in December 1998, and the 2000 UN Convention on Transnational Organised Crime, in the context of giving effect to these instruments in Irish law. Each instrument contains provisions on contributing to or participating in the activities of a criminal organisation. I am also examining relevant legislative provisions in other jurisdictions aimed at the activities of criminal gangs. I will also consider proposals in the context of the forthcoming criminal justice Bill.

I also intend to bring forward proposals to Government to seek approval for the inclusion, whether on publication or on Committee Stage, of firearms control provisions in the Bill. In addition, I am examining the issues surrounding sentencing in regard to drug trafficking offences and firearms offences and, if I consider it appropriate, I will bring forward proposals to strengthen the law in this respect.

I refer to the question of a DNA databank. As the Deputy may be aware, the Law Reform Commission recently published a consultation paper on the establishment of a DNA database. I am examining the issues highlighted by the commission in its paper and look forward to hearing the views and opinions of those who take part in the consultation process. It is my intention to draw up proposals for a databank, which would permit as extensive a databank as possible, having regard to constitutional requirements and the requirements of the European Convention on Human Rights. I intend to bring these proposals to Government in due course.

The joint committee is expected to publish its report on the administration of justice shortly. I look forward to examining it and I am prepared to take whatever action may be appropriate on foot of the report, including bringing forward further proposals for legislative reform, if necessary.