Bernard Durkan (Kildare North, Fine Gael)
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Question 87: To ask the Minister for Justice, Equality and Law Reform his plans to confront the issue of witness intimidation; his views on the necessity to tackle this issue; if he will take action in this regard in the near future; and if he will make a statement on the matter. [34593/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 204: To ask the Minister for Justice, Equality and Law Reform the action he has taken to address the problem of witness intimidation; and if he will make a statement on the matter. [34795/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 205: To ask the Minister for Justice, Equality and Law Reform if it is intended to introduce special criminal courts in order to combat the problem of witness intimidation; and if he will make a statement on the matter. [34796/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 207: To ask the Minister for Justice, Equality and Law Reform the action he proposes to take to stamp out witness intimidation; and if he will make a statement on the matter. [34798/07]

Bernard Durkan (Kildare North, Fine Gael)
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Question 208: To ask the Minister for Justice, Equality and Law Reform the number of incidents of witness intimidation or suspected intimidation in the past five years; and if he will make a statement on the matter. [34799/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 87, 204, 205, 207 and 208 together.

The intimidation of witnesses is 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 persons' families. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

Moreover, 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. Legislation was not required to establish this Programme, but 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 and conscientiously enforces these statutory provisions. In particular, where the possibility of intimidation of witnesses may be an issue, the case is closely monitored throughout the investigation, up to and including any criminal proceedings. Where a threat to or intimidation of a witness or a potential witness arises during the course of criminal proceedings, the matter may be addressed through the trial judge, who has the discretion to revoke bail or place other sanctions on the accused/suspect. Any such incident would also be the subject of a thorough investigation by the Garda Síochána with a view to seeking directions from the Director of Public Prosecutions (DPP).

In this regard, I am informed by the Garda authorities that the number of proceedings commenced in respect of the offence created pursuant to Section 41 of the 1999 Act for the years 2002 to 2006 are as follows:

Finally, 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 DPP otherwise directs. In the case of non-scheduled offences, such persons can be returned for trial to the SCC upon direction of the DPP. The SCC has already been used in a number of serious non-paramilitary cases. Issues relating to the operation of the Court in such circumstances are, of course, kept under review.