Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Crime Levels

7:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 33: 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 has satisfied himself with the level of detection and conviction in such cases; and if he will make a statement on the matter. [41907/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the table shows the numbers of murder offences recorded where a firearm was used and the numbers of detections, proceedings commenced and convictions in respect of those murders for the years 1998 to 2005 and 2006 up to 5 December.

While no level of murder is acceptable, it should be noted that Ireland has one of the lowest murder rates in the western world. For example, the homicide rate in Glasgow, a city of comparable size to Dublin, is 5.5 per 100,000 of the population. The comparable figure for Dublin in 2005 is 1.7 per 100,000. The rate of murder/manslaughter in Ireland in 1995 was 1.47 per 100,000 of the population. The comparative figure for 2005 is 1.41 per 100,000 of the population.

Operation Anvil is central to the strategy of the Garda Síochána in combating serious crime and in particular murder. I refer the Deputy to my reply to Parliamentary Question No. 7 of today's date for details of successes to date of the Operation. In addition, a wide range of provisions to combat gun crime were introduced in the Criminal Justice Act, 2006. 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 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. Furthermore there are in place new offences concerning the modification of firearms such as "sawing off" a shotgun.

The provisions for sentencing now in place are as follows:

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.

I am informed by the Garda authorities that murders involving the use of firearms tend to have lower conviction rates than other murders. This is not unique to Ireland. I am assured by the Garda Commissioner that the highest priority is given by An Garda Síochána to the investigation of murders and the detection of those responsible.

Total number of Murder Offences where a Firearm was used (Recorded, Detected, Proceedings Commenced and Convictions) for the years 1998 to 2006
RecordedDetectedProceedings CommencedConvictions
2006*20740
200521421
20049853
2003201142
200210543
20019622
200012762
199912775
19984321
* Figures are provisional, operational and liable to change.

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