Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 551: To ask the Minister for Justice, Equality and Law Reform the number of cases of murder in which knives or sharp implements were used in respect of each year from 1998 to date in 2008; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [13925/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Garda authorities that the following table shows the numbers of murders recorded which involved the use of a knife or sharp instrument, proceedings commenced and convictions for the years 2000 to 2007 and in 2008 up to 8 April. Figures provided for 2008 are provisional, operational and liable to change. Figures for murder offences by weapon type, other than a firearm, prior to 2000 are not readily available and would require a disproportionate expenditure of Garda time and resources to collate.

The detection rate for murder by its nature increases over time as Garda investigations progress. It is expected that the number of convictions obtained in respect of specific years will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

As the Deputy will appreciate, I have no role in the investigation or prosecution of cases. This is a long standing principle of our system of justice. The role of the Gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The Director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. The courts similarly are independent, subject only to the Constitution and the law, in the exercise of their judicial functions.