Liz McManus (Wicklow, Labour)
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Question 47: 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 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. [31156/09]

Willie Penrose (Longford-Westmeath, Labour)
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Question 59: 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 where 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. [31162/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 47 and 59 together.

I am informed by the Garda authorities that the following table contains the number of cases of murder in which a firearm was used, proceedings commenced and convictions secured from 1998 to 2008 and in 2009 up to 10 September. Of these murders, nineteen took place in 2009.

As the Deputies are aware, these statistics, by their nature, carry a significant health warning. The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that the number of convictions obtained will increase as Garda investigations are concluded and 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, for example firearms offences. 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.

A significant further strengthening of the law dealing with those involved in criminal organisations took place with the enactment of the Criminal Justice (Amendment) Act 2009, which became law on 23 July. As a result, all organised crime offences will be tried in the Special Criminal Court unless the DPP directs otherwise. This is being done to prevent intimidation of juries in those cases where such measures are necessary. A new offence of directing or controlling a criminal organisation has been created, which carries a maximum sentence of life imprisonment. The maximum penalty for the offence of participation or involvement in organised crime has been increased from 5 years to 15 years imprisonment. Expert Garda opinion evidence on the existence and operations of criminal gangs is now admissible in evidence. Furthermore, there are significant new provisions relating to bail, sentencing, drawing of inferences by the courts, intimidation of witnesses and jurors and a simplification of the procedures relating to the extension of time for questioning.

Other significant pieces of legislation introduced to target organised crime include the Criminal Justice (Surveillance) Act, which provides a statutory framework for evidence obtained by means of covert surveillance to be used in criminal trials, and the Criminal Justice (Miscellaneous Provisions) Act 2009 which further tightens the legislative provisions relating to guns and knives and similar weapons.

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.

I expect that the Criminal Justice (Forensic Sampling and Evidence) Bill, which will provide for the establishment and operation of a DNA database, will be published in this session.

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 6 September, 2009, over 2,700 firearms have been recovered. There have also been over 8,200 arrests for serious crimes such as murder, serious assault, robbery and burglary in the Dublin Metropolitan Region and over 79,700 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. In addition to Operation Anvil, other key operations will be maintained through 2009, and I am determined that any savings that will have to be made will not be allowed to diminish frontline policing.