Kathleen Lynch (Cork North Central, Labour)
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Question 27: To ask the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used for 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. [46182/09]

Dermot Ahern (Louth, Fianna Fail)
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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 7 December. Of these murders, 21 took place in 2009.

As the Deputy is 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. The bail laws have been strengthened to allow the prosecution mount a more effective challenge to bail applications. I have also secured Government approval to commence work on a new Bail Bill to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law.

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.

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, which is currently being progressed through the Houses of the Oireachtas, is 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 the coming weeks.

Under Operation Anvil, up to 29 November, 2009, over 2,800 firearms have been recovered. There have also been over 8,700 arrests for serious crimes such as murder, serious assault, robbery and burglary and over 83,700 searches for weapons, drugs and stolen goods. An Garda Síochána will continue to address the issue of illegal guns relentlessly through Operation Anvil.

*These figures are provisional, operational and liable to change.