Written answers

Tuesday, 29 March 2022

Department of Justice and Equality

Crime Prevention

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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586. To ask the Tánaiste and Minister for Justice and Equality the extent to which the revised updated bail laws are being utilised in the battle against criminal gangs involved in drug trafficking; and if she will make a statement on the matter. [16703/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will appreciate, the Constitutional presumption that a person is innocent until proven guilty means that restricting a person’s liberty is a serious matter.

While our laws do provide for the refusal of bail in certain circumstances, the decision to grant bail in a particular case is always a matter for the presiding judge, who is independent in the exercise of their judicial functions.

The Bail Act 1997, which was introduced following a referendum to amend the Constitution, allows the courts to refuse bail for a person charged with a serious offence if necessary to prevent the commission of another serious offence.

Over the last 25 years, our bail laws have been further strengthened on three more occasions, most recently by the Criminal Justice Act 2017 and I am advised by the Garda authorities that the amended bail laws have proven to be effective.

As the Deputy will be aware, tackling drug trafficking, drug dealing and organised criminal activity is a key priority for the Government and for An Garda Síochána.

The Garda Commissioner is responsible under the law for the management and administration of An Garda Síochána, including operational decisions and the deployment of resources to address drug crime. As Minister, I have no responsibility for these matters.

However, the Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of legislative measures such as:

- The Proceeds of Crime (Amendment) Act 2016, which provides additional Garda powers for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of; and

- The Criminal Justice (Amendment) Act 2009, introduced to protect the justice system from being subverted by criminal groups, including potential intimidation of juries.

The Deputy may be aware that An Garda Síochána strengthened its capacity to tackle organised crime in 2015, through the creation of the Garda National Drugs and Organised Crime Bureau (GNDOCB), which is headed by a Detective Chief Superintendent reporting to Assistant Commissioner, Organised and Serious Crime. The role is to proactively, via intelligence led investigations, target top tier Organised Crime Groups (OCGs) impacting on this jurisdiction.

GNDOCB enjoys continuing significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units, which tackle drug-related crime on a local basis throughout the country, in collaboration with other law enforcement partners and all Gardaí working in local communities. Divisional Drug Units are now established in every Garda Division.

The Deputy may also wish to be aware that Operation Tara was launched by the Garda Commissioner in July of last year and this Operation has had significant success in disrupting, dismantling and prosecuting those involved in drug trafficking networks at international, national and local levels. Under Operation Tara, there have been significant seizures nationwide, with the seizure of approximately €2m worth of cannabis herb last August the most significant.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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587. To ask the Tánaiste and Minister for Justice and Equality the extent to which organised crime continues to be pursued in this jurisdiction; and if she will make a statement on the matter. [16705/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána and the other State agencies tasked with responsibilities in this regard. A concerted effort has been made over the past two years to ensure that the detection and prevention of these types of criminal activity have not been adversely affected by the unprecedented demands placed on policing services by the vital enforcement of public health restrictions.

As the Deputy will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda operations aimed at preventing and countering criminal activity, and the enforcement of legislation pertaining to illegal drugs. As Minister, I have no direct role in these matters.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. The Bureau’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities. GNDOCB also works closely and productively with international law enforcement partners. Gardaí continue to work closely with local authorities, the HSE, NGOs, community groups and other State agencies to tackle the problems of drug addiction and abuse.

The Deputy may be aware that the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health-led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-government response to drug and alcohol use in Ireland. The implementation of the strategy is led by my colleague, the Minister for Health, however, the strategy includes actions for all stakeholders, including my Department and An Garda Síochána.

The strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs, and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports vulnerable people who use drugs, it is also matched with strengthened enforcement measures across government to tackle the supply of illegal drugs. Sustained action by An Garda Síochána has continued unabated throughout the pandemic, bringing significant convictions and ongoing seizures of drugs, firearms and ammunition.

I can inform the Deputy that on 2 July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, Operation Tara, which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs.

Recent successes of Operation Tara include:

- Gardaí attached to the Divisional Drugs Unit in Drogheda conducted a search in the Legavoureen area of Drogheda and seized more than €247,000 worth of Diazepam tablets on 24 November 2021;

- From 30 November to 3 December 2021, Gardaí in Wicklow, led by the Wicklow Divisional Drugs Unit, searched 26 locations in the county following an extensive investigation targeting the sale and supply of controlled drugs. 19 persons were charged and 12 youths were referred to the Garda Youth Diversion Programme.

- GNDOCB, assisted by other specialised units, undertook a particular operation designed to address drug-related issues being experienced in West Dublin and wider afield, including drug-related threat-to-life incidents and other forms of intimidation. On 19 January 2022, 24 premises were searched, with €700,000 in cash seized alongside 16 high value watches and eight vehicles. Six suspects were arrested in the course of the operation.

- On 29 January 2022, Gardaí searched three properties in Tallaght, Dublin 24. During the course of the searches four firearms were seized, along with silencers and ammunition. Gardaí also seized approximately €70,000 worth of suspected heroin as well as small quantities of crack cocaine and cannabis. Two men were arrested at the scene.

I am advised by the Garda authorities that in 2021, the GNDOCB seized €63.689m in illicit drugs, and seized cash of €5.6m and £38,751 (UK). In addition, €8.23m, £142,520 (UK) and $23 (US) was forfeited to the State in 2021.

All drugs seized are subject to analysis by Forensic Science Ireland (FSI).

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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588. To ask the Tánaiste and Minister for Justice and Equality the extent to which CAB continue to be successful in dealing with assets derived from organised crime; and if she will make a statement on the matter. [16706/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act, 1996. The Bureau has staff drawn from An Garda Síochána, the Office of the Revenue Commissioners (including Customs), the Department of Social Protection and my Department.

The Bureau’s remit is to target the assets, wherever situated, of persons which derive or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction – disrupting the activities of criminal gangs through the removal of their ill-gotten gains - and has been recognised as a world leader in asset investigations, tracing and forfeiture.

The Bureau works closely with Gardaí and all law enforcement agencies at national and international levels. The Proceeds of Crime (Amendment) Act 2005 makes provision for the Bureau to seize assets that were generated in foreign jurisdictions. This Act enables the Bureau to cooperate fully with other international asset recovery agencies.

I am advised by the Bureau that figures for 2021 are not yet available pending publication of the CAB Annual Report for 2021. Similarly figures to date in 2022 are currently unavailable. For the Deputy's information the CAB Annual Reports are available to view at the following link:

www.cab.ie/annual-reports/

The table below, provided by CAB from the figures published in their annual reports, indicates the total value of assets and cash seized by the Bureau for the years 2011-2020.

Year Section 2 Interim Orders

EURO
Section 2 Interim Orders

STERLING
2011 5,384,559.73 6,725.00
2012 2,110,334.78
2013 2,821,302.00
2014 6,760,182.00
2015 941,078.59
2016 643,063.07
2017 7,020,539.20
2018 8,263,582.30
2019 64,985,550.30
2020 5,814,206.00

The table below sets out the total monies returned to the Exchequer under Section 4(1) & 4A of the Proceeds of Crime Act 1996. Also included are taxes collected and social welfare recoveries for the years 2011 – 2020 which are remitted to the Exchequer via the Office of the Revenue Commissioners and the Department of Social Protection.



Year
Total to Exchequer from Section 4(1) and 4A Proceed of Crime Act Revenue Collections Social Welfare Recoveries
2011 €2,734,715.22 €3,804,867.00 €454,037.49
2012 €4,850,540.17 €1,967,925.00 €393,797.00
2013 €1,038,680.52 €5,418,000.00 €287,380.00
2014 €467,152.37 €3,017,000.00 €335,911.00
2015 €1,642,962.29 €2,038,000.00 €185,354.32
2016 €1,412,920.41 €2,106,000.00 €297,430.12
2017 €1,698,721.08 €2,374,000.00 €319,720.31
2018 €2,271,799.92 €3,097,000.00 €302,673.36
2019 €1,559,726.31 €2,206,000.00 €324,055.73
2020 €1,838,507.25 €1,800,000.00 €314,484.60

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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589. To ask the Tánaiste and Minister for Justice and Equality the extent to which those involved in drug-related crime continue to be pursued; and if she will make a statement on the matter. [16707/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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Tackling organised criminal activity is a key priority for the Government and an ongoing priority for An Garda Síochána. The Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of a range of legislative measures.

This includes the Criminal Justice (Miscellaneous Provisions) Bill, which is currently being drafted and will provide, among other matters, for an increase in the penalty for conspiracy to murder from 10 years to life imprisonment.

As the Deputy will be aware, the Government has in place the National Drugs and Alcohol Strategy, "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". The Strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs, and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports the vulnerable people who use drugs, it is also matched with strengthened enforcement measures across government to tackle the supply of illegal drugs.

An Garda Síochána continues to develop and implement strategies to dismantle and disrupt criminal networks, using advanced analytical and intelligence methods. Gardaí target dangerous criminals and organised criminal groups through the use of focused intelligence led operations by specialist units and agencies such as the Organised Crime Unit, the Criminal Assets Bureau and the National Bureau of Criminal Investigation.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units nationwide and by all Gardaí working in local communities, while working closely with international law enforcement partners.

I am advised by the Garda authorities that in 2021, the GNDOCB seized €63.689m in illicit drugs, and seized cash of €5.6m and £38,751 (UK). In addition, €8.23m, £142,520 (UK) and $23 (US) was forfeited to the State in 2021.

I can further inform the Deputy that on 2July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, Operation Tara, which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs. Recent successes of Operation Tara include the seizure of an estimated €125,600 of suspected cannabis in Tipperary on 11 February and the seizure of four firearms, ammunition and an estimated €70,000 of suspected heroin in Dublin on 29 January.

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