Written answers

Tuesday, 20 April 2010

Department of Justice, Equality and Law Reform

Garda Investigations

9:00 pm

Photo of Michael NoonanMichael Noonan (Limerick East, Fine Gael)
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Question 588: To ask the Minister for Justice, Equality and Law Reform the number of persons charged with organising criminal gangs and with membership of criminal gangs under the provisions of the Criminal Justice (Amendment) Bill 2009; the number of these cases that have resulted in a conviction; and if he will make a statement on the matter. [15361/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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As the Deputy is aware the Criminal Justice (Amendment) Act 2009 entered into force in July last year. This legislation represents additional legislative resources that the Oireachtas has made available to An Garda Síochána to facilitate them in their fight against serious and organised crime. Given the serious nature of the offences dealt with under the legislation in question a full and thorough investigation of individuals and their activities is necessary and must be conducted before charges can be brought against them. Where there is justification and a legal basis, those suspected of involvement in criminal activity are arrested, detained and questioned in relation to specific crimes. I am advised that as a result of investigations focussing on the activities of those involved in organised crime a number of Garda investigation files have been submitted to the Director of Public Prosecutions for direction.

Relevant statistics in relation to the utilisation of the legislation referred to by the Deputy will be compiled in the context of seeking the renewal of certain of its provisions later this year. I can assure this House that An Garda Síochána will continue to utilise all resources available to them in order to combat the activities of those engaged in criminality of all forms. As Minister, I remain fully committed to supporting Gardai in their ongoing efforts and will ensure that the necessary resources are made available as and when they may be required.

Photo of Michael NoonanMichael Noonan (Limerick East, Fine Gael)
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Question 589: To ask the Minister for Justice, Equality and Law Reform the number of occasions on which evidence which was collected under the provisions of the Criminal Justice (Surveillance) Bill 2009 has been used by the gardaí in court; the number of convictions that have been secured by the use of such evidence; and if he will make a statement on the matter. [15362/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Surveillance) Act 2009 provides a statutory framework for evidence obtained by means of covert surveillance to be used in criminal trials. The Act provides for a system of authorisations for covert surveillance operations which will, as a rule, involve an application to a judge for authorisation to proceed with the surveillance and where the reasons for the surveillance will be clearly set out before the court.

Section 15, Criminal Justice (Surveillance) Act, 2009 stipulates that the existence or non-existence of an authorisation shall not be disclosed by way of discovery, or otherwise, unless authorised by the court. Section 15 further states that such a disclosure shall not be authorised if it is likely to create a material risk to the maintenance of the integrity, effectiveness and security of the operations of An Garda Síochána.

Our criminal law has been significantly strengthened in recent years. Many of the changes which I have piloted through the Oireachtas are targeted at fighting gangland crime, including the Criminal Justice (Amendment) Act, 2009 and the Criminal Justice (Surveillance) Act, 2009.

I have consistently made it clear that inevitably it will take time for the full effects of anti-gangland legislation to become clear. The Commissioner has assured the me that the Gardaí have 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.

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