Willie O'Dea (Limerick City, Fianna Fail)
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Question 477: To ask the Minister for Justice and Equality if his attention has been drawn to the fact that a number of witnesses in criminal cases who have enjoyed Garda protection have had that protection withdrawn; if he will direct An Garda Síochána to maintain protection for vulnerable witnesses, particularly in gangland cases. [3339/12]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy will understand that it is not the policy nor would it be in the public interest to comment in detail on matters relating to the personal security of individuals, including witnesses in criminal trials. A high level of confidentiality is essential to protect the individuals involved who may be subject to Garda protection measures.

The question of the level of protection afforded to individuals is a matter for An Garda Siochána in the light of their risk assessment. There has been no change in that policy. Furthermore there has been no decrease in resources allocated for witness protection in 2012. The budgetary allocation remains the same as that provided for in 2011.

The Deputy will be aware that there are also statutory protections available to witnesses. 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. Let me emphasise that the Garda will continue to rigorously enforce the provisions of the law relating to witness and jury intimidation.