Bernard Durkan (Kildare North, Fine Gael)
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Question 490: To ask the Minister for Justice, Equality and Law Reform the action that has been taken to prevent the intimidation of witnesses; and if he will make a statement on the matter. [22864/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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All information or complaints in relation to alleged witness intimidation are thoroughly investigated by An Garda Síochána.

Section 41 of the Criminal Justice Act, 1999 creates a specific offence of intimidation, in respect of persons assisting the Garda Síochána with a criminal investigation, witnesses, potential witnesses, jurors, potential jurors or a member of their family.

I am informed by the Garda authorities that the table below shows the number of convictions recorded for the offence of intimidation of a witness or juror, contrary to section 41, for the years 2002 to 2005.

Following consultations with the Garda authorities a dedicated Witness Security Programme was established in 1997 under the direct operational control and administration of the Garda Commissioner.

The Witness Security Programme was established because of the rise in the criminal activities of organised crime groups, which increasingly attempt to corrupt and destroy the normal functioning of the criminal justice system by all possible means, including threats of violence and systematic intimidation or elimination of witnesses.

Protecting vulnerable witnesses has thus become a primary duty for States to ensure the integrity and effectiveness of their criminal justice systems and the continued safety and well being of their citizens.

The potential intimidation of witnesses has long been a grounds for refusing bail (along with the possibility of flight and interference with evidence). The Bail Act 1997 (following the Constitutional amendment) added the likelihood of committing a serious offence as another grounds for refusing bail.

Furthermore, the Criminal Justice Act 2007, section 26(4) introduced a new post-release order, called a "protection of persons" order. Its purpose is to protect the victim "or any other person" from harassment. The order applies where the person had been convicted of an offence on Schedule 2 to the Act (gangland type offences) and may last up to seven years post-release. Breach of an order carries a penalty of up to €2,000 or six months imprisonment or both.