Bernard Durkan (Kildare North, Fine Gael)
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Question 209: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the action he has taken to combat drive-by shootings; and if he will make a statement on the matter. [36584/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that all incidents involving the use of firearms, regardless of the circumstances involved, are the subject of rigorous investigation. The identification of the motive and the evidence available in its support are key elements of the investigation and prosecution process. Speculation as to the nature of the motive could serve to jeopardise successful investigation and prosecution of these serious crimes.

Garda management have introduced a number of intelligence-led policing initiatives, including Operation Anvil and Operation Steel, specifically targeting those involved in armed crime. The focus of such operations is the targeting of active criminals and their associates by preventing and disrupting this type of criminal activity through extensive additional overt patrolling, static checkpoints and by uniform mobile and foot patrols supported by armed plain-clothes patrols and other specialist units.

This integrated approach adopts best practice in implementing a co-ordinated use of Garda resources and using available criminal legislation to its fullest extent. These initiatives are reviewed by Garda management on an ongoing basis to ensure their effectiveness.

In addition to the introduction of Operation Anvil, the Commissioner in November 2005 augmented the Organised Crime Unit at the National Bureau of Criminal Investigation with an additional 55 Garda members to address the problem of criminal gang activity. Enforcement by the Unit has resulted in further firearms being seized and a number of persons arrested, thereby disrupting their criminal activities.

With regard to legislative measures, the Deputy will be aware that the Criminal Justice Act 2006 provides a comprehensive package of anti-crime measures which enhance the powers of the Gardaí in the investigation and prosecution of offences. In addition, the Act contains an essential updating of our criminal 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.

In relation to firearms, the new Act updates and strengthens the law. With effect from 1 November, mandatory minimum sentences, of between five and ten years, came into effect 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 came into effect. There are also new offences concerning the modification of firearms such as "sawing-off" a shotgun.