Noel Coonan (Tipperary North, Fine Gael)
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Question 119: To ask the Minister for Justice, Equality and Law Reform his views on the steps that need to be taken to address gangland criminality; and if he will make a statement on the matter. [21140/08]

Bernard Durkan (Kildare North, Fine Gael)
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Question 122: To ask the Minister for Justice, Equality and Law Reform his plans to counter the activities of criminal gangs with particular reference to their wide range of activities such as intimidation, protection, racketeering and money laundering; if he will introduce particular or specific measures to counter inter-gang violence and the apparent ease with which such organisations appear to be able to conduct business internationally and from prison in defiance of the law; and if he will make a statement on the matter. [21186/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 119 and 122 together.

I have been informed by the Garda Authorities that they remain committed to targeting violent crime and to tackling those who engage or facilitate persons involved in such activity.

The Garda Commissioner's Policing Plan for 2008 sets out strategic goals for the Force and includes 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 the activities of these criminal 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 by the Deputy, it is subject to thorough investigation and an investigation file will be submitted to the Law Officers where appropriate. 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.

An Garda Síochána utilises intelligence-led operations to target organised crime gangs. All available intelligence is fully analysed and used in the strategic deployment of both local and specialised operational Garda units to target particular gangs.

A large proportion of organised criminal activity in Ireland is associated with the illicit trade in drugs. Organised Crime is targeted on a number of fronts, involving uniform and plain-clothes Gardaí overtly and covertly disrupting known criminals in the course of criminal activities. Specialist units from National Support Services also assist in these operations and deal with the different aspects of this type of criminal activity. A number of organised crime groups have been targeted in this manner recently, with firearms being recovered and drugs seized resulting in a number of people being prosecuted and convicted before the Courts.

An Garda Síochána liaises on an ongoing basis with international law enforcement agencies and the Irish Prison Service to counteract the activities of persons who attempt to continue their criminal endeavours from outside the jurisdiction, or while serving prison sentences.

In January of this year the Garda Commissioner announced the establishment of the Organised Crime Unit on a permanent basis. This Unit was created 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 activities such as armed robberies, the hi-jacking of valuable loads and commodities, 'tiger' kidnappings, 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 and a number of persons suspected of involvement in this type of criminality have been apprehended on serious charges. Many are now before the Courts and face lengthy sentences upon conviction.

Gardaí have a wide range of legislative options available to them in the investigation of crime. For example, Section 72 of the Criminal Justice Act, 2006 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.

Section 16 of this Act 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 at the discretion of the Courts.

Further legislation exists to deal with witness intimidation in the provision of Section 41 of the Criminal Justice Act 1999 which makes it an offence to harm or threaten, or, in any other way, intimidate or put in fear another person who is assisting in the investigation by the Garda Síochána of an offence. This provision provides protection for those who may be a witness or potential witness or a juror or potential juror in proceedings relating to an offence. The penalty upon conviction on indictment is to a fine or imprisonment for a term not exceeding 10 years, or both.

An Garda Síochána considers every criminal case where the possibility of intimidation of civilian witnesses may be an issue and the case is closely monitored throughout the investigation, up to and including any criminal proceedings. In circumstances where the Senior Investigation Officer has identified a witness who is crucial to the case and the evidence to be preferred is not available elsewhere and there is a serious threat to the life of the witness or his or her family an application can be made, with the consent of the witness, to have them included in the Witness Security Programme. This Programme was established in 1997 under the direct operational control and administration of the Garda Commissioner. The programme was established in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system through the use of threats of violence and the systematic intimidation of witnesses.

Where an Investigation Team becomes aware of any threat to, or intimidation of witnesses or potential witnesses, such incidents may be addressed through the trial judge, who may decided to revoke bail or put some other sanction on the suspect. The incident will be subject of thorough investigation by An Garda Síochána and an investigation file will be submitted to the Law Officers.

Effective measures have been put in place to deal with serious crime, including Operation Anvil, in which intelligence-led operations have been used to target specific individuals. This Operation 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. 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.

An allocation of €20 million has been ring-fenced from the Garda Budget 2008 to ensure that ongoing operations of Anvil, which are augmented by other operations and initiatives, both locally and nationally, continue to be undertaken by all units and sections of An Garda Síochána.

Multi-agency approaches have been and continue to be used where all of the National Units from National Support Services such as the National Bureau of Criminal Investigation, the Criminal Assets Bureau, the Garda Bureau of Fraud Investigation and the Garda Technical Bureau are used to combat serious crime. These Units are also supported by the Security and Intelligence Section who assist with intelligence briefings and timely information. The Emergency Response Unit has also been deployed in areas where there is a propensity to use firearms.

The Criminal Assets Bureau is being actively utilised to identify and target assets accumulated by criminals, in order to seize such assets and to deprive the criminals of the profits of their criminal activity. The Garda National Drugs Unit liaises closely with the Criminal Assets Bureau to target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity.

This integrated approach adopts best practice in implementing a coordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. An Garda Síochána will continue with intelligence-led operations against selected targets to combat the criminal activities of these groups.