Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 594: To ask the Minister for Justice, Equality and Law Reform if it is intended to increase Garda resources in line with the growth in organised crime, with particular reference to the need to put the criminals out of business; and if he will make a statement on the matter. [14462/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The 2008 Garda Budget has been increased by over 11.6% on last year's allocation to over €1.6bn. This enables the Garda Commissioner to deliver on the range of services and priorities as set out in the 2008 Annual Policing Plan. One of the main priorities I have set for the Garda Síochána is to target gun crime, organised crime and drug trafficking through a range of measures including the use of the Garda specialist units and targeted operations such as operation Anvil.

I am advised by the Garda authorities that organised criminal gangs are targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted and intelligence-led operations are undertaken, primarily by specialist units of the Garda Síochána including the recently established Garda Organised Crime Unit.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 595: To ask the Minister for Justice, Equality and Law Reform the number of criminal gangs alleged to be operating here at the present time; if their activities are being adequately monitored; and if he will make a statement on the matter. [14463/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I am informed by the Garda Authorities that there are two categories of organised crime groups operating in this jurisdiction. The first category consists of individuals / groups that are well established and tightly structured, involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures and criminal activities which are mainly confined to Ireland. Of its nature, the number of active groups fluctuates. In addition details in relation to such groups is disseminated on a regular basis to Europol.

Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis and profiles regarding the personnel of such groups are continually updated. Their members, operating methods, criminal interests and financial assets are likewise proactively targeted and intelligence-led operations, primarily undertaken by specialist units of An Garda Síochána, under the remit of Assistant Commissioner, National Support Services, including the National Bureau of Criminal Investigation, the Garda National Drugs Unit, the Organised Crime Unit and the Criminal Assets Bureau, are regularly undertaken, targeting those suspected of being involved in Organised Crime.

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.

Specific measures have been put in place to deal with the problems of serious crime. These include Operation Anvil and other intelligence-led operations which have been used to target specific individuals. Operation Anvil commenced in May 2005 in the Dublin Metropolitan Region and was extended countrywide in 2006. The primary focus of Operation Anvil is the disruption of serious and organised criminal activity. The Garda Commissioner has publicly re-affirmed his absolute commitment to the objectives of Operation Anvil and an allocation of €20 million has been ring-fenced from the Garda Budget 2008 to ensure ongoing activities of Anvil. This operation is augmented by other initiatives, both locally and nationally, and will continue to be undertaken by all units and sections of An Garda Síochána.

The Criminal Assets Bureau is being actively utilised to identify and target funds accumulated by criminals, in order to seize such assets and to deprive them of the profits of their criminal activity. A dedicated unit within the Garda National Drugs Unit has been established to liaise with the Criminal Assets Bureau to particularly target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.

An Garda Síochána maintains liaison with other law enforcement agencies throughout Europe, and elsewhere, exchanging information and intelligence on Irish criminals living abroad. This ongoing liaison has led to a number of successful joint operations, targeting attempted importations of drugs and firearms, resulting in a number of significant arrests here and in other Jurisdictions. Where intelligence, supported by evidence, is available, law enforcement agencies in other Jurisdictions put operations in place, as appropriate, to prevent and detect such criminality. Where information exists that a person who is wanted in relation to a particular crime in this jurisdiction is living abroad and where the particular legal requirements apply extradition is sought or an application is made for a European Arrest Warrant.

Ireland is a party to various International Conventions which provide for assistance in criminal matters between jurisdictions. An Garda Síochána send and receive requests for assistance via the Central Authority for Mutual Assistance at the Department of Justice, Equality and Law Reform. An Garda Síochána will continue to use intelligence-led operations against selected targets to combat the criminal activities of illegal groups.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 596: To ask the Minister for Justice, Equality and Law Reform if protective custody has been considered as a means of bringing gang wars to an end; and if he will make a statement on the matter. [14464/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The issue referred to by the Deputy would raise profound legal and constitutional issues and I have no proposals in that regard.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 597: To ask the Minister for Justice, Equality and Law Reform when it is expected to introduce measures to combat existing gang wars and prevent further such activity; and if he will make a statement on the matter. [14465/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I am informed by the Garda Authorities that the Organised Crime Unit was established on a temporary basis in November 2005 to pro-actively target organised criminal gangs. Since then the Organised Crime Unit has pro-actively targeted criminal gangs engaged in diverse types of criminality. The main forms of criminality being committed by these gangs include armed robberies, hi-jacking of valuable loads and commodities, warehouse robberies/burglaries, 'tiger' kidnappings, cash-in-transit robberies, bank robberies involving firearms and the importation of large quantities of controlled drugs.

Through focused, intelligence-led operations success has been achieved and the activities of many of the organised crime groups have been disrupted. A number of persons suspected of involvement in this type of criminality have been apprehended on serious charges, with many before the courts facing lengthy sentences.

In January of this year the Garda Commissioner announced the establishment of this unit on a permanent basis. At present an evaluation of the unit structure and its remit is being undertaken. The Organised Crime Unit will take on the primary role of targeting organised criminal gangs in conjunction with the assistance of other national units. The Unit's functions will be as follows:

to identify organised crime groups that operate within the State through increased profiling, intelligence gathering, overt and covert surveillance and threat assessments;

to develop intelligence on highly organised and professional groups of criminals involved in serious crime and whose operations transcend district/divisional and regional boundaries;

to develop intelligence and information supplied by confidential sources on major targeted criminals; and

to liaise with the other specialist Garda Units in developing intelligence and information from all sources in relation to serious and organised criminal groups.

Part 7 of the Criminal Justice Act, 2006 provides for offences relating to organised crime in creating new offences targeting the activities of those involved in criminal organisations and those who may commit offences for the benefit of criminal organisations. Section 72 deals with organised crime, providing that a person who knowingly participates in or contributes to any activity of a criminal organisation for the purpose of enhancing the ability of the criminal organisation to commit a serious offence, whether in or outside the State, is guilty of an offence. Section 73 deals with the commission of an offence for a criminal organisation. A person who commits an offence for the benefit of, at the direction of or in association with a criminal organisation, is guilty of an offence and is liable on conviction to a fine or up to 10 years imprisonment. Section 16 of the Criminal Justice Act, 2006 provides the circumstances in which certain statements can be admitted in criminal proceedings. A person refusing to give evidence by virtue of the fact that they have been intimidated may have their statement admitted in evidence.

Other measures have been put in place to deal with serious crime, including Operation Anvil. Operation Anvil commenced in May 2005 in the Dublin Metropolitan Region and was extended countrywide in 2006. The primary focus of this operation is the disruption of serious and organised criminal activity. In this regard Operation Anvil consists of intelligence-led targeted operations on the one hand, and an increased overt visible Garda presence on the other. The Garda Commissioner has publicly re-affirmed his absolute commitment to the objectives of Operation Anvil, which is but one tool used by members of An Garda Síochána in endeavouring to combat crime, and an allocation of €20 million has been ring-fenced from the Garda Budget 2008 to ensure ongoing activities of Operation Anvil. The multi-agency approach has been and will continue to be used where all of the National Units from National Support Services are used to combat serious crime in a coordinated fashion.

The Emergency Response Unit has also been deployed in areas where there is a propensity for criminals to use firearms. In the recent murder and shootings in Limerick in particular, the National Bureau of Criminal Investigation has deployed a full team to assist and augment local District Units in the investigation of these and other crimes in that area. An Garda Síochána will continue to use intelligence-led operations against selected targets to combat the criminal activities of these groups.