Written answers

Wednesday, 27 May 2009

Department of Justice, Equality and Law Reform

Gangland Crime

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 64: To ask the Minister for Justice, Equality and Law Reform the steps he has taken or proposes to take to confront the ever increasing challenge of organised criminal gangs; his views on the threat presented to society by such organisations; if he will ensure that murder, extortion, money laundering, racketeering, witness and jury intimidation is stamped out; if he will ensure that bail is not available in the future to members of such gangs when there is evidence to suggest that they have been involved in serious crime and that they are remanded in custody pending clearance; and if he will make a statement on the matter. [21541/09]

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 84: To ask the Minister for Justice, Equality and Law Reform when he expects that the legislation promised in the crime package announced on 13 May 2009 will be published and enacted; and if he will make a statement on the matter. [21497/09]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 159: To ask the Minister for Justice, Equality and Law Reform if he will take particular or specific action to put organised criminal gangs off the street; and if he will make a statement on the matter. [21804/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 64, 84 and 159 together.

I want to assure the House that the Government places the highest priority on tackling organised crime and the gangs involved. The Garda Síochána commit significant resources to combating these criminal gangs and we must acknowledge their considerable success. Intelligence-led operations such as Operation Anvil continue to provide significant seizures of firearms and other crime related property and have given rise to a number of prosecutions.

Recently, additional steps have been taken which will strengthen our ability to tackle these criminal organisations. The Criminal Justice (Surveillance) Bill, 2009, is currently before the Houses. This Bill provides for a system of regulation governing the carrying out of surveillance by the Garda Síochána, the Defence Forces and the Revenue Commissioners in operations targeting serious crime.

The Bill introduces a regulatory framework which will allow evidence gained through surveillance to be admissible in criminal proceedings.

On 13th May, the Government approved additional measures to crack down on criminal gangs sending out a clear message to those involved in criminal gangs that the Government will tackle them head on.

Among the key provisions which will be included in the Criminal Justice (Amendment) Bill 2009 is that all organised crime offences will be scheduled offences for the purpose of trial in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise. This is being done to prevent intimidation of juries in those cases where such measures are necessary. There will also be a new offence of directing or controlling a criminal organisation, which will carry a maximum sentence of life imprisonment. The offence of participation or involvement in organised crime will carry a penalty of up to 15 years imprisonment. The penalty for intimidation of a witness or juror will be increased from 10 years to 15 years imprisonment. The Government is committed to ensuring that the criminal law is effectively implemented and that the administration of justice is not interfered with through the intimidation of juries and witnesses. This new legislation will provide the State with the measures to put these criminals in prison for long periods and help rid law abiding communities of the scourge of organised crime gangs.

Procedures relating to the extension of time for questioning are to be simplified to reduce the amount of Garda resources diverted away from investigations and to ensure that the hearings cannot be used by detainees to obtain information that might prejudice the Garda investigation.

The new Bill will be given priority in drafting with a view to publishing the Bill this Dáil session. There are, however, a number of complex legal and drafting issues to be addressed.

In relation to bail, organised crime offences will be scheduled as "serious offences" within the meaning of the Bail Act 1997, thereby providing for circumstances where bail may be refused by the courts. Moreover, as of 1 May 2009, the Director of Public Prosecutions can appeal to the High Court against a decision of the District Court to grant bail. An appeal can also be taken against conditions attached by the District Court to bail. This is intended to ensure tighter conditions where bail is granted.

Together the existing and proposed measures will greatly assist in the detection, investigation and prosecution of organised crime. They are a reflection of the emphasis which I and the Government place on fighting organised crime and every effort will be made to tackle those involved.

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