Trevor Sargent (Dublin North, Green Party)
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Question 21: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will respond to concerns voiced by a person (details supplied) who claims that his proposed legislative package to tackle organised crime is unwarranted and not justified by crime statistics; and if he will make a statement on the matter. [6856/07]

Joe Costello (Dublin Central, Labour)
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Question 72: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when the promised Bill, in regard to the package of anti-crime measures he announced on 13 February 2007, will be published; his proposed legislative timetable for the Bill; and if he will make a statement on the matter. [6823/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 21 and 72 together.

On 13 February 2007 I published the General Scheme of the Criminal Justice Bill 2007. This legislation is being brought forward to counter the threat posed by crime gangs which, as I have repeatedly stated, represents one of the most significant threats to our society since the advent of the paramilitaries in the 1970s. It is against that background that the Government has decided that it must introduce legislation which, although severe, is proportionate to the threat we face.

The proposed legislation — ensuring bail operates as the people intended when they voted to change the Constitution in 1996, ensuring the right to silence is properly construed, increasing detention periods, lengthening the sentences to be served and providing a focus to undermine the support systems gang bosses build around themselves — is one of the most comprehensive anti-crime legislative packages ever brought forward.

I intend that the Criminal Justice Bill 2007 will be published within the next few weeks and I with the co-operation of all this House look forward to bringing the Bill through all stages in the Dáil and Seanad before the Easter recess.

The Bill will amend several areas of law directly relevant to the Garda fight against gangland crime:

Detention Periods

Detention of suspects for up to 7 days already applies in the case of drug trafficking offences. This new legislation will make it possible to detain for up to 7 days those suspected of murder involving use of a firearm, use of a firearm with intent to endanger life and so-called 'tiger' kidnappings and similar activities.

Right to Silence

The law in this area is being extended through allowing inferences from silences to be drawn in the case of all arrestable offences in line with the recommendations in the Balance in the Criminal Law Review Group's interim report. New cautions will be included which will make it perfectly clear that withholding information in certain circumstances may be taken into account in determining guilt or innocence.

Bail

The proposals on bail are designed to ensure that it will be more difficult for those charged with gangland offences to get bail:

A senior Garda will be able to give his or her opinion that the applicant for bail, if given bail, is likely to commit a serious offence. That opinion shall be admitted in evidence.

The applicant may be required to provide a statement in which he or she will be required to outline his or her assets (both inside and outside the State), his or her income, the source of that income, his or her previous criminal record, his or her previous bail applications and, if bail had been granted on those occasions, the conditions that attached thereto. He or she can be cross examined on the statement. It will be an offence to give wrong or misleading information.

Appeals in bail applications from the District Court will in future be heard in the Circuit Court, thereby allowing appeals by way of full rehearing of the case.

Provision will be made for electronic monitoring of persons granted bail.

The new proposals are likely to result in the prosecution being able to mount a strong challenge in bail applications, with the result that there will be fewer applications or, where applications are made, they can be opposed more effectively.

Sentencing

There are new proposals to deal with re-offending:

Where a person who has been convicted of a firearms, drug trafficking or other offence associated with 'gangland' activity re-offends within 7 years of release from prison, that person will get an enhanced sentence for the second offence and the proceeds of that offence, including assets acquired with the proceeds, will be confiscated.

New 'crime prevention' orders will be introduced. These will cover some or all of the period from release up to the date when the maximum sentence for the offence, had it been imposed, would have expired. Under these orders, the person may be ordered to report on his place of residence, travel or employment and may be ordered not to associate with certain persons or stay away from certain places.

In addition, those who have been imprisoned for firearms, drug trafficking or other offences related to gangland activity may have conditions attached to any remission of sentence granted to them. A breach will result in re-triggering of the sentence.

Further clarification will be provided on the limited circumstances in which the minimum mandatory sentences currently available for drug trafficking and firearms offences may be reduced.

New Offences

The legislation will provide for new offences where a person is found in possession of equipment for use in connection with murder or drug trafficking (for example, weighing scales or money counting machines) or cash that is the proceeds of a crime or for use in the commission of a crime and where the equipment or the cash cannot be accounted for. The cash or equipment will, of course, be confiscated. This will ensure that those who assist and facilitate the gangland bosses will find themselves exposed to severe penalties of up to 5 years imprisonment.

I completely reject any assertion that this package of measures is unwarranted or unjustified. We need only recall the horrific gangland murders of the past six months and the drug and firearms seizures by An Garda Síochána to recognize that a rigorous response is required to combat the scourge of organised crime. It is no use setting an objective of ending gangland activities unless we provide the means to the relevant agents of the State to achieve that goal. This legislation, together with other measures which have been taken, such as the recent decision to increase the number of judges and the unprecedented level of resources being made available to the criminal justice system, provide those means.

A criticism has been levelled that the 7 day detention period provided for under Section 2 of the Criminal Justice (Drug Trafficking Act) 1996 has never been used, and therefore that invalidates the detention provisions being proposed for inclusion in this present Bill.

The Criminal Justice (Drug Trafficking) Act, 1996 came into operation on 9 September, 1996. Section 11(1) of the Act provides that certain sections will cease to be in operation at the expiry of twelve months from the date of commencement, unless a resolution has been passed by each House of the Oireachtas resolving that all or any of the sections shall continue in operation.

The sections in question are sections 2 (powers of detention), 3 (amendment of Forensic Evidence Act, 1990), 4 (re-arrest), 5 (application of sections of Criminal Justice Act, 1984) and 6 (regulations regarding officers of customs and excise).

Since the inception of this Act, resolutions have been passed by both Houses of the Oireachtas on six occasions to continue the operation of each of the above mentioned sections. In this regard, resolutions were passed by the Dáil and the Seanad in December 2006 to continue each of the sections in operation until 31 December 2008.

The following table sets out the statistical data provided by An Garda Síochána in relation to the utilisation of the longer periods of detention — the dates shown are related to report dates provided by An Garda Síochána during the completion of Ministerial Reports (as required under the 1996 Act) at each occasion of renewal.

To say that the full 7 days may be used rarely is no argument for saying that the Gardaí should not have this provision in their armoury where it proves necessary.

We must remember that there is also an onus on the Gardaí to release people or to charge them when the detention is no longer necessary for the investigation of the offence. The fact that the Gardaí are careful in calling into use the more stringent provisions of this legislation must not be misinterpreted as implying they are easy on criminals, but rather that they are measured in their approach and are not making an excessive use of the longer detention periods.

I would also like to address the charge that bringing forward this legislation toward the end of this Dáil represents political opportunism on my part. As Minister for Justice, Equality and Law Reform, I have a responsibility to the people of Ireland to do all in my power to counter any significant threat to the safety and security of our society. Indeed, this duty extends also to all members of the Oireachtas. It would be a gross dereliction of duty for any Minister to refuse to act promptly in the face of such threats because of any extraneous timing issues.