Brendan Howlin (Wexford, Labour)
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Question 131: To ask the Minister for Justice, Equality and Law Reform his views on the fact that the gardaí have spent less than half the moneys allocated for the witness protection programme over the past decade; if he is satisfied that the scheme is being used to the maximum extent possible; his views on placing the programme on a statutory basis; and if he will make a statement on the matter. [21080/08]

Brian Hayes (Dublin South West, Fine Gael)
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Question 162: To ask the Minister for Justice, Equality and Law Reform the measures he proposes to take to enhance the witness protection programme; and if he will make a statement on the matter. [21117/08]

Brian Hayes (Dublin South West, Fine Gael)
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Question 178: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that the witness protection programme is functioning effectively and that the State is maximising its potential; and if he will make a statement on the matter. [21116/08]

Bernard Durkan (Kildare North, Fine Gael)
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Question 342: To ask the Minister for Justice, Equality and Law Reform the action being taken to combat witness intimidation; the number or instances of such intimidation known to the gardaí in each of the past five years to date; and if he will make a statement on the matter. [21407/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 131, 162, 178 and 342 together.

The intimidation of witnesses is 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.

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.

An 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. In circumstances where the Senior Investigation Officer in a case 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/her family an application can be made, with the consent of the witness, to have him/her included in the Witness Security Programme.

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 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.

The Deputies will appreciate that I cannot go into details about particular cases but I am informed that the Witness Security Programme is being operated in a number of cases at present. The Garda authorities advise that, not only is it unnecessary to place the existing Witness Security Programme on a statutory basis, but to do so could introduce an element of inflexibility which could hinder Garda efforts. The operation of the Witness Security Programme should not be measured by the extent to which the funds available have been expended. Rather it is operated according to the operational needs identified by the Garda Síochána.

I am informed by the Garda authorities that the number of proceedings commenced in respect of the offence created pursuant to Section 41 of the 1999 Act for the years 2003 to date are as follows.