Joe Sherlock (Cork East, Labour)
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Question 129: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2006; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [36271/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the table shows the number of murder offences recorded, detected, proceedings commenced and convictions, where a firearm was used, for the years 1998 to 2005 and in 2006 up to 2 November.

All killings regardless of the circumstances involved are the subject of a rigorous investigation by the Garda authorities. The identification of the motive and the evidence available in its support are key elements of the investigation and prosecution process. I am informed that Garda management analyses available intelligence and selects for specific individuals involved in serious criminal activity, particularly gun-related crime. Intelligence-led operations against such individuals are used by Garda management to combat this type of criminal activity on an ongoing basis. This involves the strategic deployment of both local and specialised Garda operation units to counter such activities.

Operation Anvil, which commenced in the Dublin Metropolitan Region in May, 2005 and was subsequently extended nationwide at my request, has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high-profile arrests and the acquisition of intelligence on the movements of criminals. Notable improvements have been achieved in recorded crime in the target crime areas under the operation. I am pleased to note that the number of offences of discharging a firearm was stable in the third quarter of this year. I believe that Operation Anvil has contributed significantly to this situation.

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.

Following the completion of the weapons amnesty on 31 October, the mandatory minimum sentences in relation to possession of firearms came into effect on 1 November. The penalties available to the courts have now been greatly strengthened and stringent penalties now apply:

Possession of firearms with intent to endanger life — maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years imprisonment;

Use of firearms to resist arrest or aid escape — maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years imprisonment;

Possession of firearm while hijacking a vehicle — maximum sentence of 14 years imprisonment and a mandatory minimum sentence of 5 years imprisonment;

Possession of firearm or ammunition in suspicious circumstances — maximum sentence of 14 years imprisonment and a mandatory minimum sentence of 5 years imprisonment;

Carrying firearm with criminal intent — maximum sentence of 14 years imprisonment and a mandatory minimum sentence of 5 years imprisonment; and

Altering a firearm — maximum sentence of 10 years imprisonment and a mandatory minimum sentence of 5 years imprisonment.

The new law specifies that the courts may exercise discretion to impose less than the minimum sentence only where it is satisfied that there are exceptional and specific circumstances for doing so. In addition, it may exercise its discretion only in the case of a first offence. Where a person charged with any of the above offences has been previously convicted of any such offence, then the court has no discretion and must impose at least the mandatory minimum sentence. I am confident that these stringent new provisions, combined with the continuing efforts of the Gardaí in Operation Anvil, will go a long way to ensuring that those found in possession of firearms will pay a very serious price for their crimes.