Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 111: To ask the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used 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. [40152/09]

Liz McManus (Wicklow, Labour)
Link to this: Individually | In context

Question 117: To ask the Minister for Justice, Equality and Law Reform the number of gun murders that have taken place since the beginning of 2009; his views on the number of such gun murders in the Dublin area; 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. [40149/09]

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

I propose to take Questions Nos. 111 and 117 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 5 November. Of these murders, 21 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.

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.

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

Question 112: To ask the Minister for Justice, Equality and Law Reform the number of occasions in 2007, 2008 and to date in 2009 in which grenades, bombs or improvised explosive devices have been used; the number of occasions in each year when the gardaí called on the assistance of the Army ordinance unit to deal with such devices; the number of prosecutions initiated as a result of the discovery or such devices; his views on the increased use of such devices by criminal elements; the steps that are being taken to curb the use of such devices, particularly having regard to the danger that they pose the public; and if he will make a statement on the matter. [40155/09]

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

I am informed by the Garda authorities that in 2009 (to 5 November) there have been 167 incidents involving suspected grenades, pipe-bombs or other improvised devices nationwide at which a Defence Forces Explosive Ordnance Device team has attended, with 180 such incidents recorded in 2008 and 98 incidents in 2007.

I am further informed that in respect of the incidents that occurred in 2008 and 2009 (to 5 November) there have been a total of 89 arrests. There have been four convictions and in another 56 cases the matters are currently before the courts or files are with the DPP. The Deputy will appreciate that it is in the nature of proceedings for criminal offences that there may be a time period for the investigation, charge, prosecution and eventual conviction or acquittal, and the figures given may, therefore, be subject to change. A detailed breakdown of the figures for 2007 is not readily available.

Investigations by the Garda Síochána into certain incidents involving the use of pipe bomb attacks in the greater Dublin area indicate links between members of a republican group and organised criminal elements.

Garda strategies in counteracting these activities are firmly focused on disrupting these organised criminal groups and where sufficient evidence is adduced, proffering charges and bringing such persons before the Courts. The Gardaí will continue to take vigorous action in counteracting the threat posed by these gangs. One of the priorities I have set for the 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.

Operation Anvil is an important nationwide operation to deal with serious crime, including murder and other violent crime. The primary focus of this Operation is to target 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.

The Criminal Justice (Amendment) Act 2009 further strengthens the law dealing with those involved in criminal organisations. 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 2009, 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.