Bernard Durkan (Kildare North, Fine Gael)
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Question 32: To ask the Minister for Justice, Equality and Law Reform the extent to which the Criminal Justice (Miscellaneous Provisions) Bill 2009 and the Criminal Justice Provisions Bill 2009 has been invoked to date in 2009 against criminal gangs; the number of arrests that have been initiated; the degree to which criminal gangs and gang leaders have been subjected to the full extent of the legislation; the extent of the seizure of assets; the actions taken on foot of this legislation since its introduction; and if he will make a statement on the matter. [46318/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda Authorities that where there is justification and a legal basis, those suspected of criminal activity are arrested, detained and questioned in relation to specific crimes. As the Deputy is aware the Government has introduced extensive legislation in 2009 to target those involved in serious and organised crime including;

The Criminal Justice (Miscellaneous Provisions) Act 2009 which further tightens the legislative provisions relating to the use of weapons;

The Criminal Justice (Amendment) Act 2009 which provides for all organised crime offences to be scheduled offences under the Offences Against the State Act so that they may be tried in the Special Criminal Court unless the DPP directs otherwise. This Act also creates a new offence of directing or controlling a criminal organisation which carries a maximum sentence of life imprisonment. Participation or involvement in organised crime carries a penalty of up to 15 years imprisonment. Also, expert Garda opinion on the existence and operation of criminal gangs is now admissible in evidence.

The Criminal Justice (Surveillance) Act 2009 provides for a legal framework to allow covert surveillance material to be used in criminal trials. The Act provides a statutory framework for the operation of secret electronic surveillance to combat serious crime as well as subversive and terrorist threats to the security of the State.

The Gardaí are actively making use of these legislative measures to target and disrupt organised criminal networks and their activities. Given the serious nature of the offences dealt with under this new legislation, a full and thorough investigation of individuals and their activities must be conducted before charges can be brought against them.

While to date persons have not been charged with an offence contrary to the recently enacted Criminal Justice legislation and amendments, a number of Garda Investigation Files are at various stages of completion for submission to the Law Officers for consideration as to what charges should be preferred under recent legislation.

Members of An Garda Síochána will continue to utilise all available legislation, including the additional legislative provisions mentioned above, in relation to organised crime, to develop and implement strategies to dismantle and disrupt criminal networks.