Written answers

Wednesday, 22 April 2009

Department of Justice, Equality and Law Reform

Crime Levels

10:00 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 91: To ask the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 to date in 2009; the number of such cases in which prosecutions for murder were initiated; the number of such cases in which convictions were secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [14261/09]

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
Link to this: Individually | In context

Question 112: To ask the Minister for Justice, Equality and Law Reform the number of gun murders which have taken place since the beginning of 2009; his views on such gun murders in the Dublin area and the extent to which this reflects the continued operation of criminal gangs; the steps being taken to deal with such murders; and if he will make a statement on the matter. [14239/09]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 114: To ask the Minister for Justice, Equality and Law Reform the action he proposes to take to bring to an immediate end the activities of criminal gangs, which has resulted in shootings, stabbings, armed robberies, murders, attacks and shootings on gardaí, extortion, witness intimidation, money laundering, racketeering and protection; his views on whether the threat of promised legislation has no bearing on such activity and does not deter others from joining in the fray; if he has proposals to put such persons off the streets on a permanent basis; and if he will make a statement on the matter. [14325/09]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 124: To ask the Minister for Justice, Equality and Law Reform his views on recent gangland killings; and if he has proposals to deal with same. [14320/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 91, 112, 114 and 124 together.

The following table contains the number of cases of murder recorded in which firearms were used, the number of prosecutions initiated and the number of convictions secured in each year from 1998 to 2008 and in 2009 up to 16 April. Figures provided are provisional, operational and liable to change.

The detection rate for murders 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 murders 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 murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so.

While An Garda Síochána have made significant progress in the investigation of a number of killings, there can be considerable difficulties for them in obtaining evidence in shootings which are the result of gangland activities. It has to be accepted that the reality is that associates of a victim of a gangland killing who would have information of value to An Garda Síochána often do not cooperate with Garda investigations. Indeed, they frequently fail to cooperate even when they themselves are the victims of violence. A number of changes to the law on evidence have been made to address this. It has also to be accepted that there is often no connection or personal association between the victim and the perpetrator, which makes it very difficult for An Garda Síochána in their investigation of such a murder. Witnesses may also be subject to high levels of intimidation not to come forward, and it is to assist such witnesses that the Witness Protection Programme is in place.

Our criminal law has been significantly strengthened in recent years. Many of these changes are targeted at fighting gangland crime. The Criminal Justice Acts of 2006 and 2007, in particular, introduced wide ranging reforms to strengthen the capacity of An Garda Síochána to tackle serious crime. One of the most far reaching has been the introduction of seven day detention for offences connected with organised crime such as murder or kidnapping involving the use of a firearm. The bail laws have been strengthened to allow the prosecution mount a more effective challenge to bail applications. For example, applicants for bail can be required to provide a statement of their means so that the prosecution can highlight any divergence between their lifestyles and their stated means as evidence of their involvement in gangland activity. The circumstances in which inferences may be drawn at trial from a suspect's silence in response to Garda questioning have also been expanded.

We will continue to press forward with this work in strengthening the criminal law. I published the Criminal Justice (Surveillance) Bill 2009 on 17 April. The main purpose of the Bill is to strengthen the powers available to An Garda Síochána to prevent and detect serious crime, as well as to safeguard the security of the State against subversion and terrorism.

I have also indicated, particularly in light of the recent killing in Limerick which has very serious implications for the operation of the criminal justice system, that I am working on proposals to strengthen the criminal law in relation to gangland activity particularly through taking an approach similar to that taken against subversive organisations.

Work is ongoing on legislation to provide for the establishment of a DNA database for criminal investigations purposes. Such a database will greatly enhance the intelligence available to An Garda Síochána. I expect to be in a position to publish the Bill by the summer.

My proposals for the Criminal Procedure Bill are also well advanced. While this Bill is primarily aimed at giving effect to the legislative aspects of the Justice for Victims Initiative which I announced last June, some elements of it will be of considerable benefit in our fight against serious crime. In particular, it is proposed to enable the DPP to seek a re-trial where an acquittal is tainted due, for example, to intimidation of witnesses or jurors. There will also be a provision on expert evidence, to ensure that the prosecution is given adequate opportunity to examine and challenge evidence being introduced by the defence; in other words, there will be a levelling of the pitch. I expect to be in a position to seek Government approval for the publication of the Bill shortly.

Some time ago, I asked my Department and An Garda Síochána to carry out an urgent and intensive review of the firearms law. Following that review, I have brought forward proposals. While a de facto ban on new handgun licences is already in place, my proposals will also be given legislative form in the Criminal Justice (Miscellaneous Provisions) Bill.

Though legislation on the use of knives and similar weapons is already very strong and heavy penalties are already in place, I am moving to strengthen the law in this area. In that context, I sought and received proposals from the Garda Commissioner on strengthening the law on knife crime. I have accepted these proposals, and the forthcoming Criminal Justice (Miscellaneous Provisions) Bill will take account of them.

The Garda Policing Plan for 2009, which reflects the priorities set for the Force by me as Minister, contains a series of measures aimed at reducing 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 criminality. An Garda Síochána, in accordance with the priorities I have set, is committed to targeting violent crime and those who engage or facilitate persons involved in such activity.

One of these operations is Operation Anvil, the primary focus of which is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrols.

Under the Operation, up to 22 March, 2009, 2,469 firearms have been recovered throughout the country. There have also been over 7,500 arrests for serious crimes such as murder, serious assault, robbery and burglary and over 72,000 searches for weapons, drugs and stolen goods.

At a time when the public finances are under pressure, I am determined that top priority will continue to be given to frontline policing. Funding for Operation Anvil has increased in 2009 from €20 million to €21 million to enable it to continue with targeted disruption of serious and organised criminal activity. Other key operations will be maintained through 2009, and any savings that have to be made will not be allowed to diminish frontline policing.

A significant element of the fight against organised crime by An Garda Síochána is the use of specialist units. Units with expertise in specific areas operate under the direction of the Assistant Commissioner in charge of the National Support Services, who has overall responsibility for the coordination of measures designed to address organised crime throughout the State. Specialist units include:

• the Criminal Assets Bureau which identifies and targets funds accumulated by criminals in order to seize such assets and deprive them of the profits of their criminal activity;

• the Organised Crime Unit which has a specific remit of targeting those suspected of involvement in organised crime, including the trafficking, importation, sale and supply of drugs;

• the Garda Bureau of Fraud Investigation which is responsible for the investigation of individuals and organisations involved in money laundering;

• the National Bureau of Criminal Investigation which is responsible for investigating the activities of organised criminal networks; and

• the National Drugs Unit and dedicated Divisional and District Drugs Units.

These units are supported by the Garda Security and Intelligence Section which assists with the provision of intelligence briefings and timely information.

The number of murders recorded in which a firearm was used, proceedings commenced and convictions
YearRecordedProceedings CommencedConvictions
2009*1110
20082170
20071820
20062662
20052232
2004843
20031931
20021043
2001921
20001241
19991275
1998421

Comments

No comments

Log in or join to post a public comment.