Written answers

Thursday, 16 May 2019

Department of Justice and Equality

Gangland Crime

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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89. To ask the Tánaiste and Minister for Justice and Equality the extent to which An Garda Síochána has at its disposal all the necessary provisions to deal with organised crime in all areas nationally; and if he will make a statement on the matter. [21313/19]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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93. To ask the Tánaiste and Minister for Justice and Equality the degree to which An Garda Síochána continues to combat the activity of organised criminal gangs; and if he will make a statement on the matter. [21317/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 89 and 93 together.

Addressing organised crime is a key policing priority for the Government and An Garda Síochána with significant resources dedicated to supporting Gardaí in their work to tackle criminal gangs, including mobile gangs, that seek to target our communities.

Since the re-opening of the Garda College in September 2014, just under 2,400 Garda recruits have been assigned to mainstream duties nationwide, including 800 new Garda during 2018. The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion, an increase of over €100 million on the 2018 allocation.

The Commissioner plans to recruit a total of 600 trainee Gardaí in 2019 in addition to 600 civilians. This recruitment will facilitate the Commissioner in redeploying a further 500 fully trained Gardaí from administrative duties to frontline policing in 2019. The Government's commitment to increase the overall strength of the force to 15,000 Gardaí will be achieved by 2021.

The manner in which the resources of An Garda Síochána are deployed, including personnel, is a matter for the Garda Commissioner and his management team. I am informed by the Commissioner that the additional resources have enabled him to assign extra staff to specialist units involved in tackling organised crime, including the Armed Support Unit, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau.

There are a number of successful Garda operations in place to disrupt the activities of criminal gangs. Operation Thor, launched in November 2015, focuses on burglary and related crime. Up to May 2019, it has resulted in over 200,900 targeted checkpoints and more than 356,300 crime prevention patrols carried out nationwide. It has led to approximately 10,000 arrests and 11,550 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences. An Garda Síochána will continue to exert pressure on the gangs and individuals responsible for these type of offences.

Operation Hybrid was deployed in response to the escalation in violence between organised crime gangs in the Dublin Metropolitan Region. Up to May 2019, it has resulted in almost 77,000 high visibility checkpoints. It is based on a three-pronged approach - prevention, investigation and targeting. Figures on arrests and charges under Operation Hybrid are currently being prepared by An Garda Síochána.

The results of these and other operations of An Garda Síochána demonstrate the clear commitment to tackling organised crime gangs and working towards making our communities safer.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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91. To ask the Tánaiste and Minister for Justice and Equality if membership of criminal gangs will be prescribed by law; and if he will make a statement on the matter. [21315/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Tackling organised crime is a key priority for the Government and An Garda Síochána.

From time to time, the question arises about 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.

Organised crime is constantly evolving and several issues 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 unlikely to have the permanency of organisation and structure that a subversive organisation has traditionally had. Relationships in criminal gangs tend to be more fluid, with shifting memberships and alliances. New splinter groups and new gangs can form overnight.

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 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.

In recent years a number of other legislative measures have been introduced to tackle gang-related and associated crime. The 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. An Garda Síochána and in particular the Criminal Assets Bureau are already making use of these provisions.

Overall I believe that sufficient legislation already exists for the prosecution of offences relating to organised crime and to target the proceeds of crime. An Garda Síochána, with the support of significant additional resources provided to it by this Government, is determined to address gangland violence in our communities.

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