Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 49: To ask the Minister for Justice and Equality his plans to enhance the witness protection programme; and if he will make a statement on the matter. [11867/11]

Alan Shatter (Dublin South, Fine Gael)
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As the Deputy knows the Programme for Government contains a commitment to provide statutory guidelines for the Witness Security Programme and it is a matter on which I will bring forward proposals in due course.

Since 1997, the Garda Síochána has operated a Witness Security Programme in response to attempts by criminal and other groups to prevent the normal functioning of the criminal justice system, including threats of violence and systematic intimidation of witnesses.

Legislation was not required to establish this Programme, but its operation is supported by complementary legislative provisions. Thus, Section 40 of the Criminal Justice Act 1999 makes it an offence for any person, without lawful authority, to try to identify the whereabouts or any new identity of a witness who has been relocated under the Programme. The offence is punishable upon indictment by a fine or a term of imprisonment of up to five years.

In addition, the intimidation of witnesses is an offence pursuant to Section 41 of the Act. Section 41 specifies the offence as harming, threatening or menacing or in any other way intimidating or putting in fear another person who is assisting in the investigation of an offence by the Garda Síochána, with the intention of causing the investigation or course of justice to be obstructed, perverted or interfered with. The offence is punishable upon indictment by a fine or a term of imprisonment of up to ten years.

By virtue of the highly confidential nature of the Witness Security Programme and the need to maintain the protection of persons in that Programme, it would not be appropriate to detail the specifics of its operation. I can say that it is being operated in a significant number of cases at present, and it has proven its worth over the years in helping to secure the conviction of very serious organised crime leaders.

The Deputy may be aware that in 2003, the Court of Criminal Appeal made some comments about the WSP as it then operated. The validity of the operation of the Programme was upheld, including by the Supreme Court in 2005. Nevertheless, in deference to the weight that must be accorded comments made in the superior courts, a review was instituted by the Garda Commissioner. The outcome of the review resulted in some enhancements to the Programme so that it fully accords with international best practice in this area. The Programme as it now operates ensures the unambiguous separation of those responsible for the criminal investigation from the management of the Programme, to avoid any hint of a possible inducement being offered to the witness. The Programme is kept under review by the Garda Commissioner.