Written answers

Thursday, 17 April 2008

Department of Justice, Equality and Law Reform

Crime Levels

5:00 pm

Photo of Frank FeighanFrank Feighan (Roscommon-South Leitrim, Fine Gael)
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Question 57: To ask the Minister for Justice, Equality and Law Reform the measures he is taking to address the increase in violent crime; and if he will make a statement on the matter. [14116/08]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 85: To ask the Minister for Justice, Equality and Law Reform the action he will take to combat the continued growth of violent crime, organised criminal gangs, intimidation of witnesses, extortion, protection, racketeering and money laundering; if it is intended to take particular initiatives to address these issues; and if he will make a statement on the matter. [14090/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 57 and 85 together.

The Government attaches the highest importance to ending gangland violence and bringing those involved to justice. Relentless activity by An Garda Síochána, under Operation Anvil in particular, is being deployed to deal with these gangs. The primary focus of Operation Anvil is the disruption of serious and organised crime. An allocation of €20 million has been ring-fenced from the Garda Budget 2008 to ensure that ongoing operations of Anvil, both locally and nationally, continue to be undertaken. The Operation is augmented by other Garda operations and initiatives. The Garda Commissioner will continue to allocate resources as appropriate from the significant resources being made available to him.

The Organised Crime Unit has the role of targeting organised criminal gangs in conjunction with other national units. Organised criminal gangs operating in this jurisdiction are targeted on an ongoing basis and information regarding the personnel of such groups is continually updated. Through focused, intelligence-led operations, the activities of many of the organised crime groups have been disrupted, and a number of persons suspected of involvement in this type of criminality are before the courts.

The intelligence gathering capabilities of the Garda Síochána will be further enhanced with the establishment of a DNA database for criminal investigation purposes. Work is ongoing on the Criminal Justice (Forensic Sampling and Evidence) Bill which will provide for this and related matters. I expect to publish the Bill later this year.

The criminal law has also been strengthened. It is more difficult to get bail in drug trafficking and firearms cases. The periods the Gardaí can question people suspected of involvement in serious crime have been extended, and the law on the right to silence has been updated. The reality is that it takes time for changes which are made in the law to have full effect in practice.

The Criminal Justice Act 2006 provides for offences relating to organised crime by creating new offences targeting the activities of those involved in criminal organisations and those who may commit offences for the benefit of criminal organisations, including the offence of conspiracy. It provides 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.

It also provides that a person (who is not a member of the criminal organisation) who commits an offence for the benefit of, at the direction of or in association with a criminal organisation is guilty of an offence. 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. The Criminal Justice Act 2006 provides 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.

We have strong legislation in place to tackle money laundering and the financing of terrorism in the Criminal Justice Act 1994 and the Criminal Justice (Terrorist Offences) Act 2005. In February, 2008 the Government approved my proposals for the Criminal Justice (Money Laundering) Bill which will update our current legislation in this area and strengthen Ireland's existing anti-money laundering and terrorist financing regime. This is an important piece of proposed legislation as it deals with implementation of the Third EU Money Laundering Directive and relevant recommendations arising from the Financial Action Task Force third mutual evaluation report.

In every criminal case where the possibility of intimidation of civilian witnesses may be an issue the case is closely monitored by An Garda Síochána throughout the investigation, up to and including any criminal proceedings. In circumstances when a witness is crucial to the case, the evidence to be proffered is not available elsewhere and there is a serious threat to the life of the witness or his/her family, an application can be made, with the consent of the witness, to have him/her included in the Witness Security Programme. When an investigation team is aware of such intimidatory incidents they may be raised with the trial judge, who may decide to revoke bail or impose another sanction on the suspect.

The offence of blackmail, extortion and demanding money with menaces is provided for in the Criminal Justice (Public Order) Act, 1994 which makes it an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

I am determined that the Gardaí and other agencies of the criminal justice system will play their full part in dealing with this type of behaviour and that they are properly resourced, both legislatively and financially, to do so.

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