Paul Kehoe (Wexford, Fine Gael)
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Question 51: To ask the Minister for Justice, Equality and Law Reform the number of people who are participating in the State's witness protection programme; and if he will make a statement on the matter. [27338/07]

Deirdre Clune (Cork South Central, Fine Gael)
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Question 93: To ask the Minister for Justice, Equality and Law Reform if he will introduce legislation for a statutory based witness protection programme to combat gangland crime; and if he will make a statement on the matter. [27533/07]

Billy Timmins (Wicklow, Fine Gael)
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Question 125: To ask the Minister for Justice, Equality and Law Reform if he intends making changes to the State's witness protection programme; and if he will make a statement on the matter. [27351/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 51, 93 and 125 together.

As Deputies will be aware, since 1997, the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses.

The House will appreciate that by virtue of the highly confidential nature of such a scheme, it would not be appropriate for me to detail the specifics of its operation, including the identity or numbers of persons admitted to it. However, I can say that the Witness Security Programme is being operated in a significant number of cases at present and that it has demonstrably proven its worth over the years in helping to secure the conviction of very serious organised crime leaders.

The Programme initiated in 1997 did come in for some criticism in the Courts, although it must be emphasised that the validity of the operation of the Programme was upheld, including by the Supreme Court in 2005. In other words, not only has the Programme resulted in the successful conviction of key criminal underworld players but it has successfully withstood challenge in the courts.

Nevertheless, in deference to the weight that must be accorded comments made in the superior courts, a review was instituted by the Garda Commissioner. The outcome of the review resulted in some enhancements to the Programme so that it fully accords with international best practice in this area. The Programme as it now operates ensures the unambiguous separation of those responsible for the criminal investigation from the management of the Programme, to avoid any hint of a possible inducement being offered to the witness.

I would also wish to point out that the Witness Security Programme constitutes only one element of the State's response to the threat posed to persons who are prepared to give evidence against serious criminals. In particular, the Programme is primarily designed to facilitate, not innocent persons caught up in gangland crime, but willing participants of the criminal underworld who choose to turn on their erstwhile colleagues.

Whether we like it or not, people generally choose to enter witness protection programmes not because of the nature of those programmes but because there is something in it for themselves. This fact is key to determining the nature and form of any witness protection.

The reality is that every possible protection necessary for a witness can be and is already provided by the Garda Síochána as part of the existing Witness Security Programme, including financial support, a change of identity and relocation. The reason why gangland members choose not to avail more frequently of the Programme has nothing to do with the adequacy of the protection measures already in place and still less whether it operates on a statutory basis or not. The reason co-operation isn't more forthcoming is simply because people are not willing to give it.

Where statutory measures are considered necessary to support witness protection, they have already been enacted as part of the Criminal Justice Act 1999. In particular, Section 40 of that Act makes it an offence for a person to make enquiries or to take steps to discover the identity or whereabouts of a relocated witness. Introducing superfluous statutory provisions for other, practical aspects of the Programme would simply serve to reduce the flexibility required to respond quickly and proportionately to the oftentimes very specific needs of witnesses. This is a view shared by the Garda Commissioner.

Accordingly, I remain satisfied that the existing scheme is both sufficient and optimally arranged, and I have no plans to introduce further legislation in this area.