Bernard Durkan (Kildare North, Fine Gael)
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Question 126: To ask the Minister for Justice, Equality and Law Reform the steps he proposes to take of a legislative or administrative nature to address the issue of witness intimidation; and if he will make a statement on the matter. [27509/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 259: To ask the Minister for Justice, Equality and Law Reform the action he proposes to take to prevent the intimidation of witnesses; if the setting up of special criminal courts is an option; if other options are being considered; if he will take action in this regard in the near future; and if he will make a statement on the matter. [27785/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 126 and 259 together.

The intimidation of witnesses is already an offence pursuant to Section 41 of the Criminal Justice Act 1999. Section 41 specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence applies to the intimidation of witnesses, jurors or potential jurors or any member of the said person's family. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

In addition, 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. Although legislation was not required to establish this Programme, its operation is supported by complementary legislative provisions in Section 40 of the Criminal Justice Act 1999. Section 40 makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable upon indictment by a fine or a term of imprisonment of up to five years.

The Garda Síochána rigorously enforces these statutory provisions.

With respect to the Special Criminal Court (SCC), provision already exists for the forwarding for trial in the SCC of persons accused of both scheduled and non-scheduled offences. In the case of scheduled offences which are also indictable offences, such persons shall be returned for trial to the SCC unless the Director of Public Prosecutions (DPP) otherwise directs. In the case of non-scheduled offences, such persons shall be returned for trial to the SCC upon direction of the DPP. The conviction of many serious organised criminals has already been successfully secured in the SCC. Issues relating to the operation of the Court in such circumstances are, of course, kept under review.