Pat Rabbitte (Dublin South West, Labour)
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Question 76: To ask the Minister for Justice, Equality and Law Reform the number of gun murders to have taken place since the beginning of 2009; his views on the spate of 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. [21469/09]

Liz McManus (Wicklow, Labour)
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Question 96: 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. [21482/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 76 and 96 together.

The following table contains the number of cases of murder recorded and detected 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 21 May. 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, as there are inevitably time lapses between the commencement of a criminal investigation, proceedings being commenced and convictions secured. 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.

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 co-operate with Garda investigations. Indeed, they frequently fail to co-operate 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.

I recently published the Criminal Justice (Surveillance) Bill, which will facilitate the use as evidence in trials of material gained by secret surveillance, while at the same time ensuring that the encroachment on certain rights relating to personal privacy and privacy of property which this entails is both limited and proportionate.

The Government has approved my proposals for measures, along the lines of those in place to deal with paramilitary groups, to tackle organised crime gangs, in particular their attempts to undermine the criminal justice system through extreme acts of violence and intimidation. The Criminal Justice (Amendment) Bill will be given priority in drafting. I have published the Criminal Justice (Miscellaneous Provisions) Bill 2009 which will further tighten the legislative provisions relating to guns and knives and similar weapons and which is currently before the House. A de facto handgun ban is already in force.

A further important development is the publication of the Criminal Procedure Bill 2009 which gives effect to the measures contained in the Justice for Victims Initiative. The Bill provides for reform of the law on victim impact statements and proposes to end the ban on retrying people who have been acquitted in specified circumstances. Work is also ongoing in relation to the creation of a DNA database.

One of the priorities I have set for An Garda Síochána in 2009 is the targeting of serious crime, in particular organised, gun and drug related crime. The Garda Policing Plan for 2009 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.

Operations against organised criminal gangs operating in this jurisdiction are undertaken on an ongoing basis. The members of such gangs and their operating methods, criminal interests and financial assets are the subject of such operations, which are primarily undertaken by specialist units of An Garda Síochána, including the National Bureau of Criminal Investigation, the Garda National Drugs Unit, the Organised Crime Unit and the Criminal Assets Bureau.

In particular, Operation Anvil commenced in the Dublin Metropolitan Region in 2005 to deal with serious crime, including murder and other violent crime, and was extended nationwide in 2006. The primary focus of the Operation 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 Operation Anvil, up to 10 May, 2009, over 2,500 firearms have been recovered. There have also been almost 7,800 arrests for serious crimes such as murder, serious assault, robbery and burglary and over 74,500 searches for weapons, drugs and stolen goods. An Garda Síochána will continue to address the issue of illegal guns relentlessly through Operation Anvil. I am determined that the highest priority will continue to be given to frontline policing. Funding for Operation Anvil will increase in 2009 to €21 million from €20 million in 2008. Other key operations will be maintained through 2009, and I am determined that any savings that have to be made will not be allowed to diminish frontline policing.

Figures provided are valid up to and including 21 May, 2009 and are operational and liable to change.