Bernard Durkan (Kildare North, Fine Gael)
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Question 528: To ask the Minister for Justice, Equality and Law Reform the degree to which he or his Department can monitor the activities of criminal gangs involved in extortion, protection, money laundering and witness intimidation; the full extent of action he has taken to address this issue; and if he will make a statement on the matter. [9246/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I have been informed by the Garda Authorities that An Garda Siochana, in accordance with the priorities determined by the Minister for Justice, Equality and Law Reform pursuant to Section 20 of the Garda Siochana Act, 2005/07, is committed to targeting organised criminal groups engaged in serious crime and those who facilitate the activities of these groupings.

The Garda Siochana Policing Plan 2008 sets out strategic goals which include a commitment to significantly reduce the impact of crime and criminal behaviour. These goals are backed up by strategic actions which include a commitment to continue and intensify intelligence-led operations against groups and individuals engaged in the trafficking of illegal drugs, guns and immigrants into and within the State. Witness intimidation and the laundering of money are integral parts of these Organised Criminal Groups activities and will be targeted as part of the overall strategy against these groups.

Where information comes into the possession of An Garda Síochána indicating the involvement of criminals in the type of activity suggested in the question it is subject to thorough investigation. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crime. A member of An Garda Síochána must, at all times, have reasonable grounds to believe that an individual has been involved in criminal activity before they can arrest and question any person in relation to criminality.

In November 2005 the Organised Crime Unit at the National Bureau of Criminal Investigation was set up to combat the growth of Organised Crime and in particular armed criminal groups. This Unit has been made permanent since January 2008 and has 70 members working proactively targeting the various criminal groups.

The Unit will continue to work closely with other specialist units, including the Garda National Drugs Unit and the Special Detective Unit / Emergency Response Unit, in targeting those suspected of involvement in organised criminal activity. The Organised Crime Unit has identified and profiled suspects associated with the main criminal gangs. Where there is evidence of this type of criminal activity the matter is fully investigated and an Investigation File is submitted to the Law Enforcement Officers.

A number of organised crime groups have been targeted in this manner recently with firearms recovered and drugs seized resulting in a number of people, from these organised groups, being prosecuted and convicted before the Courts.

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

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 the provisions relating to witness intimidation and protection contained in the Criminal Justice Act 1999. 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.