Written answers

Wednesday, 23 May 2018

Department of Justice and Equality

Gangland Crime

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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74. To ask the Tánaiste and Minister for Justice and Equality the extent to which consideration has been given to a serious plan to tackle organised criminal gangs with particular reference to the possibility of proscribing their membership; and if he will make a statement on the matter. [22655/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I can inform the Deputy that An Garda Síochána have made important progress in tackling the insidious threat of organised crime, particularly in Dublin’s North Inner-City. There is ongoing contact between officials from the Department of Justice and Equality and An Garda Síochána to ensure a proactive approach is taken to combatting those who seek to carry out such shocking murders and prevent further loss of life where possible.

The Government, for its part, is committed to providing An Garda Síochána with the necessary resources to tackle this and all forms of criminality in our State .

The House will be aware that Operation Hybrid was established to coordinate the response to violent crime in Dublin and address concerns about community safety, particularly in the North East Inner City (NEIC). This operation benefits from significant support by the Armed Support Unit.

As of 15 April 2018, the robust Garda response to the series of shootings perpetrated by violent criminals in Dublin has resulted in:

- 73 arrests;

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

- 37 firearms seized (in relation to murder offences);

- In the region of 270 searches;

- 16,514 lines of enquiry conducted with more than 57,317 high visibility checkpoints implemented with significant support from Armed Support Units; and

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

Indeed, An Garda Síochána have stated that they have prevented in the region of 50 potential gang-related murders as a result of targeted policing operations since the incident at the Regency Hotel in February, 2016. In addition, one person has been convicted in January of this year for a feud-related murder and further criminal prosecutions are ongoing.

Along with vigorously pursuing the investigation of shootings and other violent incidents, Gardaí have had significant successes in targeting the drugs trade, which fuels the activities of organised criminals. In 2018 alone we have witnessed a series of very significant drugs seizures, as well as important seizures of firearms and significant banking information.

We have also seen unprecedented international cooperation between Irish and Spanish authorities, leading to important arrests and seizures, with police officers from both jurisdictions participating in successful joint operations in Ireland and in Spain. In this context I would like to take this opportunity to commend the work of both the Spanish Authorities and An Garda Síochána which recently resulted in a significant seizure of drugs with an estimated value of €3.4 million and the arrest of five individuals, four of whom are Irish citizens. These drugs were intercepted before they had a chance to be transported to Ireland.

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

From time to time the question has arisen 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.

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 a similar permanency of organisation and structure that might pertain to a typical subversive organisation or other more fixed group. Similarly, relationships in criminal gangs tend to be more fluid with shifting memberships and alliances and a given individual's affiliation with a criminal network might itself be entirely contingent, contextual and ephemeral. As such, I do not believe that legislation along the lines of the Offences Against the State Acts with regard to membership of a proscribed organisation is necessary at this time.

However, 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.

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.

I can inform the Deputy that in recent years 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 House that this Government remains entirely committed to ensuring An Garda Síochána continues to have the resources required to tackle this, and all forms of criminality, in our State, and I believe we have strong legislative provisions in place to assist An Garda Síochána in taking down these criminals.

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