Bernard Durkan (Kildare North, Fine Gael)
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Question 155: To ask the Minister for Justice and Equality the extent to which incidents of witness intimidation or interference with juries has been identified over the past five years; the extent of any action taken; and if he will make a statement on the matter. [38239/11]

Alan Shatter (Dublin South, Fine Gael)
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Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten, menace or in any other way intimidate or put in fear a person who is assisting in the investigation by An Garda Síochána of an offence or a witness or potential witness or a juror or potential juror in proceedings for an offence or a member of his or her family, intending to obstruct, pervert or interfere with an investigation or the course of justice.

The original penalty provided for in the 1999 Act upon being found guilty under this section was 10 years. In view of the gravity with which this type of criminal activity is viewed, the penalty was increased to 15 years by the Criminal Justice (Amendment) Act 2009.

I am informed by the Garda authorities that separate records are not maintained of offences under section 41 as between those directed against witnesses and those directed against jurors. Accordingly, the information available from the Gardaí covers both categories of individuals. The Deputy will appreciate that, of their nature, instances of intimidation of jurors are less likely to come to notice than instances of witness intimidation. The Gardaí rigorously enforce the provisions of the law relating to witness and jury intimidation and, of course, will continue to do so. The table below shows the position with regard to the number of proceedings commenced and convictions for offences under Section 41 of the 1999 Act for the period from 2006 to 29 November 2011.

* These figures indicate the number of proceedings commenced in respect of incidents reported for the years in question.

** Figures provided are provisional and will change in the light of the outcome of court proceedings.