Written answers

Thursday, 9 March 2006

Department of Justice, Equality and Law Reform

Crime Prevention

3:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 176: To ask the Minister for Justice, Equality and Law Reform the steps he proposes to take to combat the increase in gun violence; and if he will make a statement on the matter. [9975/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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There is a particular overriding necessity, in view of the recent increase in violent crime involving firearms, to ensure that public safety and security are given priority in any review of policy and legislation in relation to firearms. With this in mind I propose to bring forward a wide range of amendments to the Firearms Acts 1925-2000 in the context of the Criminal Justice Bill 2004, which is currently before the Dáil.

Included in these new proposals are measures which will create mandatory minimum sentences, of between five and ten years, for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest. It will require all persons wishing to legally hold a firearm to satisfy the Garda that they have provided secure accommodation for the firearm. It will allow the Minister to deem certain firearms as restricted by reference to specific criteria, including the calibre, action type and muzzle energy of the firearm. In future, any person wishing to obtain a certificate for such a firearm will have to apply directly to the Garda Commissioner.

The legislation will introduce new offences concerning the modification of firearms such as "sawing-off" a shotgun, and increase fines and penalties generally for offences under the Firearms Acts. I also intend to introduce a statutory basis for an amnesty during which firearms may be surrendered to the Garda Síochána before new penalties, and minimum mandatory sentences, are introduced. This will enable those in possession of firearms, who are not in compliance with the legal requirements, to regularise their position, and thus enable the Garda Síochána to concentrate on more serious offenders.

Every effort is made by the Garda Síochána to combat the illegal importation, sale and possession of firearms through intelligence-led operations and activities. Operation Anvil, launched in May last year, and aimed at those involved in gun crime of any kind, is one of the most intensive special policing operations ever undertaken in the State. It is intelligence-driven and has significant levels of Garda resources. The Garda Síochána are receiving resources this year to continue Operation Anvil and I have asked the Commissioner to extend it to Garda divisions outside Dublin.

Operation Anvil contributed to the increase of 16% in the detection of possession of firearms in 2005. Up to 19 February 2006, Operation Anvil resulted in over 1,600 arrests, including 23 for murder, over 13,200 searches, including 360 searches for firearms that resulted in 359 firearms seized or recovered, and the recovery of property with a value of €5.7 million.

The Garda Síochána this year has the highest level of resources in its history —€1,290 million, which is an increase of €146 million or 13% on 2005. The provision for Garda overtime in 2006 is €83.5 million, an increase of €23 million on the allocation for 2005. This increase will greatly assist the planned deployment of a visible policing service in a flexible, effective and targeted response to criminal activity and to crime prevention, including gun crimes. The €83.5 million in overtime will yield 2.725 million extra hours of policing by uniformed and special units throughout the State.

I take great satisfaction in the Government's decision of October 2004 to approve the recruitment of 2,000 additional gardaí to increase the strength of the force to 14,000. As a result there will be a combined organisational strength, of both attested gardaí and recruits in training, of 14,000 by the end of this year and 14,000 attested gardaí in two years' time. I have already promised that the additional gardaí will not be put on administrative duties but will be put directly into frontline, operational and high-visibility policing.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 177: To ask the Minister for Justice, Equality and Law Reform the steps he intends to take to combat the increase in headline crimes; and if he will make a statement on the matter. [9976/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Since I took the decision to publish crime statistics on a quarterly basis at the beginning of 2003, I have consistently emphasised that care must be taken in interpreting the statistics, especially when considering short-term fluctuations and extrapolating trends over short periods. The level of headline crime in 2005 is actually lower than that for 2003 by 1.6% and for 2002 by 4.4%. Furthermore, in 1995, with a population of almost 3.6 million people, there were 29 crimes per 1,000 of the population, while in 2005, with a population of over 4.1 million, there were 24.6 crimes per 1,000 of the population.

Our headline crime rate continues to compare very favourably with those of our nearest neighbours. In England and Wales in the year April 2003 to March 2004, the most recent for which figures are available, 113 crimes were committed per 1,000 population. In 2004 and 2005 in Scotland there were 86.3 crimes per 1,000 population and in Northern Ireland 69 per 1,000 population compared with our rate of 24.6 per 1,000.

I welcome in particular the significant decrease of 27% in the number of incidents of robbery of cash and goods in transit, down from 62 in 2004 to 45 in 2005. This trend improved in the fourth quarter, with a decrease of 47%. Operation Delivery, an initiative undertaken by the Garda Síochána to counteract the increase in cash in transit robberies which emerged in 2004, has contributed significantly to this very welcome decrease. Furthermore, the new code of practice now being operated by the major financial institutions and security companies involved in the cash in transit industry, has dramatically raised the standards in operation. I took a direct personal hand in dialogue with the leadership in the banking and security sectors in securing adoption of this new code. It has made a significant contribution to this decrease. These developments have been underpinned by the establishment of the Private Security Authority, which has also taken place on my watch.

I also welcome the increase in the number of detections for possession of drugs for sale or supply, up 20%, and possession of firearms, up16%. In both cases these are offences which in the main become known as a result of active police detection work. This trend continued in the fourth quarter and, in the case of possession of firearms, improved, with an increase of 24%. These are statistical crime figure increases which we should welcome because they are detections flowing from increased police vigilance and a proactive approach.

Operation Anvil, which the Commissioner introduced last May and for which I obtained substantial additional resources, made a significant contribution to this level of detection. Operation Anvil will continue as long as it is deemed necessary in operational and policing terms. At my request, the Commissioner has extended Operation Anvil to Garda divisions outside Dublin. The most recent figures available show that Operation Anvil has contributed to encouraging outcomes, with a total number of arrests of 1,641, which includes 23 arrests for murder, 411 arrests for serious assaults, 828 arrests for burglary and 379 arrests for robbery offences. Furthermore, the total number of firearms seized to date under Operation Anvil is 359, and property to the value of more than €5.7 million has been recovered.

While it is the case that a number of the increases in headline crime statistics reflect increased enforcement activity on the part of the Garda Síochána, the overall picture indicates that there is no room for complacency. The Government's decision to continue to devote unprecedented resources to the fight against crime is clearly justified, as is my insistence that those resources be deployed at the front line of policing in this State.

The Garda Síochána this year has the highest level of resources in its history, €1,290 million, an increase of €146 million or 13% on 2005. The provision for Garda overtime in 2006 is €83.5 million, an increase of €23 million on the allocation for 2005. This increase will greatly assist the planned deployment of a visible policing service in a flexible, effective and targeted response to criminal activity and to crime prevention. The €83.5 million in overtime will yield 2.725 million extra hours of policing by uniformed and special units throughout the State.

I take great satisfaction in the Government's decision of October 2004 to approve the recruitment of 2,000 additional gardaí to increase the strength of the force to 14,000. As a result there will be a combined organisational strength, of both attested gardaí and recruits in training, of 14,000 in 2006 and 14,000 attested gardaí in two years' time. I have already promised that the additional gardaí will not be put on administrative duties but will be put directly into frontline, operational, high-visibility policing. I am also pleased to state that an additional 55 members were allocated to augment the organised crime unit at the National Bureau of Criminal Investigation to address the problem of criminal gang activity.

In addition to this increase in resources, I am also bringing forward proposals to strengthen significantly the legislative provisions available. The Criminal Justice Bill 2004 provides a comprehensive package of anti-crime measures which will enhance the powers of the Garda in the investigation and prosecution of offences. It contains an essential updating of our law to ensure that criminal offences can be investigated and prosecuted in a way which is efficient and fair and which meets the needs of modern society. It addresses such matters as the preservation of crime scenes, increased periods of detention in the case of arrestable offences, search warrant powers for the Garda Síochána, amendments to the Criminal Justice (Forensic Evidence) Act 1990, provision for a fixed penalty procedure in respect of certain lesser public order offences and the admissibility of statements by witnesses who subsequently refuse to testify or who retract their original statements.

I also propose to bring forward a wide range of amendments to the Firearms Acts 1925-2000 in the context of the Criminal Justice Bill 2004, which is currently before the Dáil. Included in these new proposals are measures which will create mandatory minimum sentences, of between five and ten years, for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest. It will require all persons, wishing to legally hold a firearm, to satisfy the Garda that they have provided secure accommodation for the firearm.

The legislation will allow the Minister to deem certain firearms as restricted by reference to specific criteria, including the calibre, action type and muzzle energy of the firearm. In future, any person wishing to obtain a certificate for such a firearm will have to apply directly to the Garda Commissioner. The legislation will also introduce new offences concerning the modification of firearms such as "sawing-off" a shotgun and increase fines and penalties generally for offences under the Firearms Acts.

I also intend to introduce a statutory basis for an amnesty during which firearms may be surrendered to the Garda Síochána before new penalties, and minimum mandatory sentences, are introduced. This will enable those in possession of firearms, who are not in compliance with the legal requirements, to regularise their position, and thus enable the Garda Síochána to concentrate on more serious offenders.

The Garda Síochána policing plan for 2006, recently published by the Commissioner, includes a targeted reduction in the incidence of crime. It also reflects the Government's priorities in the fight against crime and the actions which it wishes to be taken. It will focus on crime prevention and reduction, including the prevention, in co-operation with local authorities through the joint policing committees and interaction with local communities, of public order offences, with particular emphasis on those resulting from alcohol and substance abuse. The committee's function will be to serve as a forum for consultations, discussions and recommendations on matters affecting the policing of the local authority's administrative area. I will shortly announce details of the establishment of a number of committees on a pilot basis.

It will also focus on high value white collar crime, including trading in contraband goods, in co-operation with legitimate business interests and other law enforcement services in the State and abroad. It will expand significantly Garda youth diversion schemes targeted towards at risk young people with a view to having 100 of these community-based schemes in operation by end 2007.

I can assure Deputies that the legal, operational measures and resources in place to tackle crime are kept under continuing review and any further measures and resources which are required will be made available. The Garda Commissioner informs me that he is at this time satisfied with the level of resources available to him.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 178: To ask the Minister for Justice, Equality and Law Reform his proposals to combat organised crime; when he expects such measures to have effect; and if he will make a statement on the matter. [9977/06]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 180: To ask the Minister for Justice, Equality and Law Reform the way in which he proposes to combat the growth of drug gangs; and if he will make a statement on the matter. [9979/06]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 183: To ask the Minister for Justice, Equality and Law Reform if organised criminal or drug gangs are on the increase; and if he will make a statement on the matter. [9982/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to answer Questions Nos. 178, 180 and 183 together.

The Garda Síochána employs a range of techniques in the fight against serious crime. The establishment of specialist Garda units, operating under the assistant commissioner in charge of national support services, has enabled the Garda Síochána to tackle organised crime effectively. The National Bureau of Criminal Investigation is the Garda specialist unit tasked with the role of tackling organised crime. It carries out this role by conducting intelligence-driven operations in close co-operation with other specialist units including the Garda national drugs unit, the Garda Bureau of Fraud Investigation and the Criminal Assets Bureau.

An additional 55 officers were allocated to the organised crime unit of the National Bureau of Criminal Investigation to augment the effort to target groups involved in organised crime in the Dublin metropolitan region. The unit is headed by a detective chief superintendent and works closely with Garda deployed on Operation Anvil and with other specialist units.

The Garda Síochána is now better resourced than at any time in its history. I am particularly pleased to have secured a €144 million increase, 13.2%, in the Garda Vote for this year from Government. The Garda budget is now at an all-time high and will exceed €1.2 billion for 2006. This year the strength of the Garda Síochána will reach 14,000 members as outlined in the programme for Government.

The provision for Garda overtime has increased by over €22 million, bringing the total overtime provision to €83.5 million for 2006. This will facilitate, among other things, the continuation of operations targeted at the prevention and detection of crimes such as gangland murders, organised crime, racketeering and other criminal activity which gives rise to serious community concern. The Government's top policing priority for 2006 is to continue to target organised crime, including drug trafficking, and the gun culture associated with it, through the use of specialist units and targeted, intelligence-led operations.

As a specific response to the problem of gun crime in Dublin, the Government decided to provide funding for Operation Anvil. This operation was undertaken, not as the sole response to this problem, but as a targeted response to augment the work which the Garda was doing each day to address gun crime. Operation Anvil targets active criminals and their associates through the use of measures such as overt patrolling, static checkpoints, uniformed mobile and foot patrols supported by armed plain-clothes patrols and covert operations.

Operation Anvil has resulted in a number of very successful outcomes, including the seizure of 359 firearms. In addition, 24,758 checkpoints and 7,705 drugs searches have been carried out. It is intended to extend this operation nationwide during this year. In addition, I am informed by the Garda authorities that Operation Delivery was set up to combat robberies of institutions and to target those involved in robberies of high value goods in transit.

I am also informed by the Garda authorities that strategies are in place for dealing with drug offences and are designed to undermine the activities of organised criminal networks involved in the trafficking and distribution of illicit drugs. These strategies include gathering intelligence on individuals and organisations involved in the distribution of drugs, conducting targeted operations on criminal networks based on intelligence gathered and working in collaboration with other law enforcement agencies both within and outside the jurisdiction to address the national and international aspects of drug trafficking and distribution.

The Garda authorities further inform me that these strategies continue to result in operational successes. The trafficking and distribution of all illicit drugs at local, national and international levels is constantly monitored by the Garda. I am informed by the Garda authorities that Irish organised criminal groupings can be divided into two general categories. The first category consists of individuals or groups that are well-established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and criminal activities which are mainly confined to Ireland. I am further informed that there are no indications to suggest any major increases in either of these categories.

It is widely acknowledged that our legislative package for tackling serious and organised crime is already one of the toughest in Europe. The Criminal Justice Bill, which is currently before the Houses of the Oireachtas, provides a comprehensive package of anti-crime measures which will enhance the powers of the Garda in the investigation and prosecution of offences. In November last year, I obtained Government approval to draft a range of amendments to the Bill. Proposed amendments include the creation of criminal offences with regard to participation in organised crime, the strengthening of existing provisions for the ten year mandatory minimum sentence for drug trafficking and a range of amendments to the Firearms Acts.

I can assure the House that I am in regular contact with the Garda Commissioner in order to keep the measures and resources for tackling serious crime under continuing review.

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