Bernard Durkan (Kildare North, Fine Gael)
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Question 584: To ask the Minister for Justice, Equality and Law Reform the action taken to prevent witness intimidation; and if he will make a statement on the matter. [14437/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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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 is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

Statutory provisions are also in place to ensure the admissibility of witness statements in circumstances where a witness seeks to resile from a statement already provided to the Garda Síochána in the course of an investigation. Section 16 of the Criminal Justice Act 2006 specifies that a statement relevant to court proceedings may be admitted as evidence even if the witness, although available for cross-examination, refuses to give evidence or denies making a statement. It is a matter for the court of trial to decide if such a statement is to be admitted as evidence.

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 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.