Bernard Durkan (Kildare North, Fine Gael)
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270. To ask the Tánaiste and Minister for Justice and Equality the extent to which the ongoing gangland wars can be immobilised in one way or another; if specific emergency legislation is required; if this will be considered; and if he will make a statement on the matter. [6019/18]

Bernard Durkan (Kildare North, Fine Gael)
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271. To ask the Tánaiste and Minister for Justice and Equality the number of persons killed in gangland associated attacks in the past ten years; his views on whether it is now time to introduce emergency legislation to deal with the situation; and if he will make a statement on the matter. [6020/18]

Charles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 270 and 271 together.

I am advised by the Garda authorities that some 130 killings in the last ten years are considered to be related to organised crime.

In terms of introducing emergency legislation, the Deputy will appreciate that a comprehensive body of legislation exists to provide for the prosecution for offences relating to organised crime. I believe that An Garda Síochána, with the support of the significant additional resources provided to it by this Government, will prevail in facing down the threat of gangland violence in our communities. An Garda Síochána have faced down this type of threat in the past and will do so again. As such, I do not believe that additional emergency legislation is required at this time.

I can inform the Deputy that a number of legislative measures have been introduced to tackle gang-related and associated crime. For example, the recent Proceeds of Crime (Amendment) Act 2016 provides additional powers for Gardaí; in particular, powers to allow for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of has been introduced and I am pleased that the provisions of this Act are available to An Garda Síochána today.

I can assure the Deputy that officials from my Department and An Garda Síochána keep all criminal legislation under continuous review to see whether there might be a requirement to change to the law to further disrupt the operation of criminal groups who carry out these killings and who endanger the safety of our communities.

Gardaí have made significant progress in tackling the threat of organised crime, particularly in Dublin’s North Inner-City. Operation Hybrid has been established to coordinate the response to violent crime in Dublin and address public safety concerns about community safety, particularly in the North Inner City, and benefits from significant support by Armed Support Units. As of 21 January 2018 this response has included:

- 72 arrests.

- 13 charges in total (of which 10 charges related to murder investigations, 3 charges for related offences).

- 34 firearms seized (in relation to murder offences).

- In the region of 260 searches.

- 15,260 lines of enquiry conducted with more than 50,450 high visibility checkpoints implemented with significant support from Armed Support Units.

- A significant amount of CCTV footage, mobile phone traffic, and forensic evidence has also been examined.

In addition, the recent conviction in the Special Criminal Court of Eamonn Cumberton for the murder of Michael Barr in the Sunset House pub in April 2016, and the convictions of two other men, apprehended in possession of a large number of firearms, were feud related. They came about as a result of concentrated efforts by An Garda Síochána to tackle the perpetrators involved in this ongoing feud. We have also seen reports of a series of very significant drugs seizures by An Garda Síochána, as well as important seizures of significant banking information used to fuel the activities of organised criminals. These seizures have significantly hampered the ability of these gangs to operate.

An Garda Síochána will not allow these criminals to prevail. They will ensure that the perpetrators of these heinous crimes will be apprehended and brought to justice as quickly as possible and I can assure the Deputy that these endeavours will continue to be fully supported by the Government.

Bernard Durkan (Kildare North, Fine Gael)
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272. To ask the Tánaiste and Minister for Justice and Equality the extent to which An Garda Síochána has available the names and membership of the various criminal gangs, those involved in ongoing feuds and-or others associated with them or independent of them; if all the membership continues to benefit from criminal activity; his views on whether it is now time to take emergency measures to deal with the issue; and if he will make a statement on the matter. [6021/18]

Bernard Durkan (Kildare North, Fine Gael)
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274. To ask the Tánaiste and Minister for Justice and Equality if consideration has been given to proscribing the activities and membership of criminal gangs with particular reference to the urgent need to bring about a rapid cessation to the ongoing spate of violence; and if he will make a statement on the matter. [6023/18]

Charles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 272 and 274 together.

I can assure the Deputy that tackling organised crime activity is a key ongoing priority for both the Government and An Garda Síochána.

An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána in tackling organised crime activity including its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.

In tackling such activity, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of the proceeds of crimes legislation, money-laundering legislation, the provisions of the Criminal Justice (Amendment) Act 2009 relating to organised crime and the powers of the Criminal Assets Bureau.

Given the fluid nature of such groupings it is extremely difficult to quantify the number of criminal groups operating at a particular time. Splinter groups and new gangs can form overnight. Organised Crime is constantly evolving and new innovations in crime are continuously emerging.

The question of providing for an offence of membership of a criminal gang, in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation, has arisen from time to time.

In this regard, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is not likely to have the permanency of organisation and structure that a subversive organisation or other more fixed group would have. Relationships in criminal gangs tend to be more fluid with shifting memberships, alliances and a membership which may depend on circumstance.

However, criminal legislation has been updated in recent years, with a view to ensuring that it provides a comprehensive range of provisions for the prosecution and punishment of crime, in particular the activities of those involved in organised crime.

Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime. These offences include participation in a criminal organisation and directing a criminal organisation. The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences. On conviction, this offence carries a penalty of up to life imprisonment.

The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not.

Evidential provisions as to the existence of a criminal organisation were introduced aiding prosecution for the offences under the Act.

Provision was also introduced so that where a serious offence is committed as part of or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence.