Bernard Durkan (Kildare North, Fine Gael)
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Question 197: To ask the Minister for Justice, Equality and Law Reform the number of reported or recorded incidents of witness intimidation in each of the past five years to date; the action taken to address the issue; and if he will make a statement on the matter. [14740/09]

Dermot Ahern (Louth, Fianna Fail)
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The intimidation of witnesses is an offence pursuant to Section 41 of the Criminal Justice Act 1999, which 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 Garda Síochána rigorously enforces the provisions relating to witness intimidation and protection contained in the Criminal Justice Act 1999. 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.

The table sets out the figures received from the Garda Síochána on the number of proceedings commenced and convictions for the offences of harming, threatening to harm, menacing, intimidating and the 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 / the course of justice to be obstructed, perverted or interfered with, for the years 2005 to 3 April 2009.

*Figures provided are provisional.