Tommy Broughan (Dublin North East, Labour)
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Question 483: To ask the Minister for Justice and Equality if the sunset clause in the 2009 Criminal Justice (Amendment) Act has been renewed on an annual basis since the law was first enacted; the number of citizens that have been charged and convicted under this legislation; and if he will make a statement on the matter. [15272/12]

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Justice (Amendment) Act 2009 was enacted in July 2009 to put in place certain additional legislative measures to tackle organised crime. Among those measures was section 8 which provides that certain organised crime offences under Part 7 of the Criminal Justice Act 2006 are scheduled offences for the purposes of Part V of the Offences against the State Act 1939. In effect, this means that the offences in question shall be tried in the Special Criminal Court without prejudice, inter alia, to the power of the Director of Public Prosecutions to direct that a person not be sent forward for trial by that court.

Section 8 also provides that it shall cease to be in operation unless a Resolution had been passed by each House of the Oireachtas resolving that it should continue in operation for a period to be determined by the Oireachtas. The section has been renewed twice since commencement and currently remains in effect until the 29th June 2012, when consideration will once again be given to the necessity for its retention.

To date, no cases have fallen to be tried in the Special Criminal Court by virtue of this section. However, that does not invalidate the reasoning for having such a provision on the Statute Books. As we have seen from recent events, organised criminal groups have a contemptuous disregard for the rule of law and are prepared to take any measures to subvert it. It is against such a background that the provisions of the legislation are maintained.

Since enactment, and up to the 29th of February 2012, (the latest period for which statistics are available) the legislation has been used on 160 occasions where arrests relating to organised crime are concerned. To date, eight individuals have been charged under the legislation; six under Section 72 of the Criminal Justice (Amendment) Act 2009 which relates to participating in or contributing to certain activities and two under Section 71A of the Criminal Justice (Amendment) Act 2009 which relates to directing the activities of a criminal organisation. In February 2012, the two persons charged with offences contrary to section 71A, Criminal Justice (Amendment) Act 2009 were before the Courts and pleaded guilty to the lesser charge of an offence contrary to section 72, i.e. participating or contributing to certain activities. The Law Officers directed that the other charges be withdrawn and the matter has been put back to 30th April, 2012 for sentencing.

The Deputy may also wish to note that arising from the 160 arrests, other charges have been preferred for firearms offences, sale and supply of drugs and drug trafficking, violent disorder, demanding money with menaces, threats to Kill (Non-Fatal Offences against the Person Act), theft (ATM robbery), Aggravated Burglary with firearms, Immigration offences and offences under the Post Office (Amendment) Act, 1951.