Jack Wall (Kildare South, Labour)
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Question 36: To ask the Minister for Justice, Equality and Law Reform if all section of the Criminal Justice (Amendment) Act 2009 have now been brought into operation; the number of occasions on which the powers contained in this Act have been used since its enactment and in particular the number of prosecutions transferred to the Special Criminal Court under the provisions of section 8 of the Act; the number of charges that have proffered under the powers contained in this act; and if he will make a statement on the matter. [13018/10]

Dermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Amendment) Act 2009 came into force in its entirety on its signature by the President on 23 July 2009.

The Act enables all organised crime offences to be tried in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise. 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.

I have consistently made it clear that inevitably it will take time for the full effects of the Act and other anti-gangland legislation to become clear. I have been assured by the Garda Commissioner that An Garda Síochána has been making full use of the legislation since it has been enacted to build up criminal cases against gangland figures. They are painstakingly working to gather evidence that will be sufficient to enable the DPP to initiate prosecutions of people in relation to gangland activities. A number of Garda investigation files have already been submitted to the DPP. I am confident that, as the evidence accumulates against individuals, successful prosecutions will be taken.