Bernard Durkan (Kildare North, Fine Gael)
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Question 43: To ask the Minister for Justice and Law Reform the extent to which he has used all available legislation to combat the activities of each criminal gang having particular regard to the extent to which he and/or his Department have specific knowledge regarding the number, location, strength and activity of such gangs; and if he will make a statement on the matter. [35404/10]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by the Garda authorities that there are two categories of organised crime groups operating within this jurisdiction. The first category consists of groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures, and criminal activities which are mainly confined to Ireland. Membership of organised crime gangs tends to be fluid and the nature of criminal activity is such that offences committed by members of gangs may or may not be connected with the individual's membership of such gangs. The identification of offenders as members of a criminal gang is generally not an essential criterion in the prosecution of offences. It is not therefore possible to ascertain the precise number of criminals or criminal gangs operating in this country at a particular given time.

As the Deputy is aware, the Criminal Justice (Amendment) Act 2009 entered into force, in its entirety, on 23 July 2009. The primary purpose of the legislation is to make additional measures available to An Garda Síochána to combat organised crime. The Act introduced an amended offence relating to participation or involvement in organised crime with a penalty of up to 15 years imprisonment. 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. To date, the Act has been used on eighty-three occasions where arrests have been made in relation to organised crime. Eight individuals have been charged under the legislation. Many of the other arrests have also resulted in charges being preferred for other offences such as firearms offences, drug trafficking, violent disorder, theft, aggravated burglary etc.

Members of An Garda Síochána are utilising all available legislation relating to organised crime. An Garda Síochána will continue to develop and implement strategies to dismantle and disrupt criminal networks, utilising advanced analytical and intelligence methods to facilitate targeted operations to enable early intervention and prevention of such crimes.