Written answers

Thursday, 30 September 2010

Department of Justice, Equality and Law Reform

Crime Levels

10:30 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Question 228: To ask the Minister for Justice and Law Reform the number of gun murders between 1 January 1998 and the 30 September 2010; and the number of persons convicted and sentenced for gun murders here during the aforesaid period. [34213/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda authorities that during the period 1 January, 1998 to 26 September, 2010, the most recent date for which figures are available, 203 murders involving a firearm were recorded. All cases of murder where proceedings have not yet been taken remain under active investigation. The detection rate 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. Against that background, proceedings have been instituted in 61 cases and 25 convictions secured.

I am, of course, deeply concerned about the incidence of gun murders and I deplore all such killings. All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so. In setting the policing priorities for An Garda Síochána in 2010, I asked the Commissioner to continue the focus of the force on serious crime, in particular organised crime. This priority is also reflected in the Garda policing plan for this year, and specific initiatives, including under Operation Anvil and involving members of the Emergency Response Unit, have been put in place.

While An Garda Síochána have made significant progress in the investigation of a number of killings, the reality is that there can be considerable difficulties in obtaining evidence in shootings which are the result of gangland activities from associates of a victim of a gangland killing, or indeed from gangland figures even when they themselves are the victims of violence. 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.

It was in that overall context that I introduced greatly strengthened legislation in the area of organised crime which is being fully utilised by An Garda Síochána, including the Criminal Justice (Amendment) Act 2009, the Criminal Justice (Surveillance) Act 2009, the Criminal Justice (Miscellaneous Provisions) Act 2009 and the Criminal Procedure Act 2010. I am advised that to date eight persons have been charged with the offence of membership of a criminal gang under the legislative provisions introduced in 2009, and are before the courts. In addition, a significant number of files arising in the context of the legislation have been submitted to the Office of the Director of Public Prosecutions.

I have introduced further significant legislative proposals in the Criminal Justice (Forensic Evidence and DNA Database System) Bill, and I will not hesitate to introduce additional measures if that becomes necessary. In addition, I have 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. There are very severe penalties for firearms offices in place under the Criminal Justice Act 2006. For example, possessing a firearm with intent to endanger life and using a firearm to resist arrest or aid escape carry a mandatory minimum sentence of ten years. Possessing a firearm while hijacking a vehicle, possessing a firearm or ammunition in suspicious circumstances, carrying a firearm with criminal intent and altering a firearm all carry a mandatory minimum sentence of five years.

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