Written answers

Wednesday, 16 September 2009

Department of Justice, Equality and Law Reform

Organised Crime

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 731: To ask the Minister for Justice, Equality and Law Reform the number of criminal gang leaders or principals that have so far been detained or charged on foot of 2009 legislation; and if he will make a statement on the matter. [31318/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Amendment) Act 2009 sends out a clear message to those involved in criminal gangs that the Government will tackle them head on. Among the key provisions included in this Act are:

1. That all organised crime offences are scheduled offences for the purpose of the Offences Against the State Act so that they will be tried in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise;

2. The creation of a new offence of directing or controlling a criminal organisation which carries a maximum sentence of life imprisonment;

3. The maximum penalty for the offence of participation or involvement in organised crime has been increased from 5 years to 15 years imprisonment;

4. With regard to all organised crime offences the Court will be enabled to draw inferences from failure to answer questions, failure to account for movements, actions, activities or associations;

5. The penalty for intimidation of a witness or juror has been 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 provides the State with the measures to put these criminals in prison for long periods and help rid society of the scourge of organised crime gangs.

The Criminal Justice (Surveillance) Act 2009 provides a legal framework to allow covert surveillance material to be used in criminal trials. This Act provides a statutory framework for the operation of secret electronic surveillance to combat serious crime, as well as subversive and terrorist threats against the security of the State and builds in safeguards into its authorisation, duration and operation. The provisions of the Act include the admissibility as evidence of information obtained as a result of surveillance in criminal proceedings.

Multi-agency approaches have been and continue to be used where all of the National Units from National Support Services i.e. National Bureau of Criminal Investigation, Criminal Assets Bureau, Garda Bureau of Fraud Investigation (Money Laundering) and the Garda Technical Bureau, are used to combat serious crime. These Units are also supported by the Security and Intelligence Section who assist with intelligence briefings and timely information.

This integrated approach adopts best practice in implementing a coordinated use of Garda resources using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. The situation is being closely monitored and kept under constant review by senior Garda management in conjunction with Regional Assistant Commissioners and Heads of Units.

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