Bernard Durkan (Kildare North, Fine Gael)
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Question 63: To ask the Minister for Justice, Equality and Law Reform the number of incidents involving gun crime in each of the past five years to date; the number of prosecutions taken; the number of which were successful; the extent of witness intimidation identified during the investigations; the incidence where witness intimidation was deemed to have been a contributory factor in preventing a successful prosecution; and if he will make a statement on the matter. [27102/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to circulate in the Official Report a tabular statement setting out details of the number of recorded incidents involving a firearm in each of the five years to date; the number of proceedings commenced; and the number leading to convictions. Figures provided for 2008 are provisional, operational and liable to change. The details have been compiled by the Central Statistics Office.

I also set out a tabular statement setting out details of the number of proceedings commenced and convictions for offences of harming, threatening to harm, menacing, intimidating and putting in fear of another person who (a) was assisting in the investigation by An Garda Síochána of an offence or (b) is a witness/potential witness/juror/potential juror in proceedings for an offence with the intention of causing the investigation/course of justice to be obstructed, perverted or interfered with. The details have been compiled by An Garda Síochána.

It should be noted that the detection rate for crimes by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to crimes committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than those referred to. Furthermore such persons charged and brought before the courts may be convicted of offences other than those referred to.

There can be considerable difficulties for the Gardaí in obtaining evidence in shootings which are the result of gangland activities. This arises not least because generally none of the associates of such victims will co-operate with the Garda investigation. Nevertheless, the Gardaí are determined to pursue rigorously those involved in gun crime.

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.