Joe Costello (Dublin Central, Labour)
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Question 36: To ask the Minister for Justice and Law Reform the number of cases of murder in which firearms were used; the number of such cases in which prosecutions for murder were initiated; the number of such cases where convictions were secured; if he is satisfied with the level of detection and conviction in such cases in respect of each year from 1998 to date in 2010; and if he will make a statement on the matter. [35361/10]

Dermot Ahern (Louth, Fianna Fail)
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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.

While An Garda Síochána has 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. Against that background, I am informed by the Garda authorities that of the 203 murders involving a firearm recorded during the period 1 January, 1998 to 3 October, 2010, the most recent date for which figures are available, proceedings have commenced in 61 cases and 25 convictions secured. Figures are operational and liable to change.

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.

I am informed by the Garda authorities that multi-agency approaches have been and continue to be used where National Units - the National Bureau of Criminal Investigation, the Criminal Assets Bureau, the Garda Bureau of Fraud Investigation and the Garda Technical Bureau - are used to combat serious crime, including gangland crime. These Units are also supported by the Security and Intelligence Section which assists with intelligence briefings and timely information. This integrated approach adopts best practice in implementing a coordinated use of Garda resources and using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. These specific initiatives are in addition to the activities of all members of An Garda Síochána in implementing and enforcing the criminal law.

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 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.