Vol. 520 No. 3
1 Mr. Higgins (Mayo) asked the Minister for Justice, Equality and Law Reform the guidelines for gardaí in the use of firearms; if the gardaí have or are trained in the use of stun guns; and if he will make a statement on the matter. [15405/00]
It is not the practice for the Garda Commissioner publicly to disclose operational guidelines on matters such as this. As regards stun guns, I am advised by the Garda authorities that these are not issued to gardaí and that, consequently, training in their use is not given to members of the force. I assume that the Deputy's concern arises from various comments which have been made about the tragic death of Mr. John Carthy in Abbeylara.
The intensive investigation which is ongoing in this case has already involved interviewing about 200 people. The Garda Commissioner and I recently spoke about the desirability of securing outside expertise in connection with this investigation. Five FBI agents, whose expertise in the handling of the type of situation which arose in Abbeylara would be internationally recognised, are here and are assisting in the matter.
It is not part of the role of these experts to conduct the investigation – that is a matter for the investigating Chief Superintendent. What they will do, however, is assess the handling of the operation as a whole by reference to international best practice. I expect their input will be reflected in the Chief Superintendent's report. The primary purpose is to ensure that any lessons that may need to be learned from this tragic death will be learned.
(Mayo): Why should Garda guidelines regarding the use of firearms be so secretive and confidential? Are instructions given to gardaí in certain circumstances to maim, immobilise or injure someone or is there a specific instruction that as soon as a firearm is employed by a garda he or she must shoot to kill? That seems to be the view among the general public – that the instruction is all or nothing.
I take it Deputy Higgins is referring to the tragic death of Mr. John Carthy in Abbeylara and I am on record as accepting that what happened there raises important issues of public interest. The House will know that the Garda Commissioner has appointed a Chief Superintendent to investigate this matter and central to that investigation will be the circumstances in which firearms were used by gardaí. I have said before and now repeat that I intend to make public the findings of that investigation. I ask that people be patient in the interim and await the outcome of the investigation; we will decide then where to go from there.
(Mayo): Does the Minister accept that in a situation where a person is hopelessly outnumbered by a huge number of gardaí the use of HK 33 assault rifles and Uzi submachine guns is far in excess of what is required and that those weapons are the wrong ones to use? Those are weapons that are shot from the hip; they are not used to immobilise people or to effect an arrest. Is it policy to fire a warning shot in certain situations? Given that plastic bullets or stun guns are not available, does the Minister plan on making those available immediately? We do not know if a similar situation will arise in the future.
As the Minister is the person who instituted the Abbeylara investigation, does he accept that one cannot have an investigation when a subordinate officer is in charge of investigating a superior? A Chief Superintendent is investigating an operation commanded by an Assistant Commissioner. Surely that kind of investigation lacks credibility and leaves itself open to question.
I am satisfied with the credibility and integrity of the Chief Superintendent conducting the investigation. I am satisfied the result of his investigation will be truthful, fair and balanced. Deputy Higgins would do well to remember that it is very unwise to prejudge cases such as this. If I were to rush to judgment in the manner in which Deputy Higgins is trying to entice me, I would make a grave mistake.
I accept there is grave public concern regarding what happened at Abbeylara and an investigation is under way. I anticipate the results of that investigation should be available by the end of this month; at least I hope they are. While I have made it perfectly clear that the results of this investigation will be made public, it is unfair of Deputy Higgins to expect me or any other Minister for Justice, Equality and Law Reform to make public garda operational guidelines and procedures. That has not been done before and I will not engage in it. It has always been the case in this State and in others that matters such as this are kept confidential for obvious operational reasons. When the inquiry is to hand it will be published. We will see then where we go from there, but I cannot be asked to prejudge it and it is unfair of the Deputy to ask me to do so.
(Mayo): Will the Minister ensure, given that the investigation has not been completed, that there will not be any more deliberate leaks such as that which led to the following newspaper headline: “Siege Shots Probe Clears Gardaí.”? We do not want to prejudge the Garda. That is most unhelpful.
Displaying newspapers is not in order.
I know nothing of leaks of that nature. I do not know where they came from or if they are leaks.
2 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the main findings of the report submitted to a meeting of EU justice and home affairs Ministers on 29 May 2000 which showed that 13 gangs control organised crime here; if the report will be submitted to the Oireachtas Committee on Justice, Equality, Defence and Women's Rights; the steps being taken to deal with the level of organised crime identified in the report; if he has satisfied himself that there are adequate resources available to the Garda and the Criminal Assets Bureau to fight organised crime; and if he will make a statement on the matter. [15729/00]
I attended the Justice and Home Affairs Council on 29 May, 2000, at which the European Union Organised Crime Situation Report, 1998 was presented. The report was approved by the Council and it was agreed to forward it to the European Parliament for information. The report was compiled by Europol and provides a useful overview of organised crime in the EU and is helpful in determining the EU's overall strategy, policy and priorities in the fight against organised crime.
The main conclusions of the 1998 report are that organised crime is growing throughout the member states of the European Union. All mem ber states are concerned with the threat of organised crime and the activities of organised crime remain multi-faceted with differentiation in types of activities, markets, persons involved, crimes committed, and levels of organisation. The threat from organised crime groups from central and eastern Europe is of growing concern and there is also evidence of organised crime groups moving more into areas such as cigarette and alcohol smuggling, environmental crimes and high-tech crime.
In relation to the Deputy's question regarding resources, the position is that my policy has been and will continue to be to ensure that the Garda have the necessary resources to enable them to do their job and the Government is increasing the resources available to the Garda. Never in the history of the State have the Garda been better resourced or equipped. Garda numbers have increased in the past three years by 600 members and are well on course to meet the Government target of a Garda strength of 12,000 by the year 2002.
The allocation for Garda expenditure provided in the 1997 Estimates for the Garda Vote was a figure of £494 million; this year's provision is £668 million. The Garda fleet has increased from 1,350 to 1,900 vehicles, the Garda air support unit has become operational and an additional helicopter is being purchased. The Garda mounted unit has been established and a dedicated Garda patrol boat was launched in May, 2000 for use in policing the inland waterways. In relation to the resources provided for the Criminal Assets Bureau, since its formation in 1996, I am satisfied that an appropriate level of funding has been made available to the Criminal Assets Bureau to meet its requirements and its record to date bears this out. If further resources for the Criminal Assets Bureau are needed, I assure the Deputy that I will ensure that they are made available.
Additional InformationRecent years have seen a major crackdown on organised crime. Legislation specifically designed to target organised crime has been introduced, backed up by tough law enforcement measures. I have put in place the Criminal Justice Act, 1999, which provides for a minimum mandatory ten year prison sentence for persons convicted of dealing in drugs with a value of £10,000 or more. This Act has also introduced a range of new measures designed to prevent the intimidation of witnesses, jurors, those who are assisting the Garda in the investigation of an offence and their families, and provides for a maximum ten year sentence for such offences.
The Proceeds of Crime Act, 1996, which I introduced while in Opposition, has been successfully utilised by the Criminal Assets Bureau to deprive those involved in criminal activity from enjoying the benefits of their ill-gotten gains. This legislation and the operations of the Criminal Assets Bureau have received much praise both at home and abroad.
Specialised Garda units such as the Criminal Assets Bureau, the Garda national drugs unit, the Garda bureau of fraud investigation and the national bureau of criminal investigation have been established to combat serious crime and have had a major impact on organised crime. One of the problems facing all law enforcement agencies in their fight against organised crime is that these criminal organisations are now operating at an international level and are flexible enough in their operations to take advantage of any new opportunities that may arise. Accordingly, the response to organised crime must be an international one.
As the report states, organised crime is growing throughout the EU and in this context, Ireland participates fully in the fight against organised crime at both EU level and beyond. At EU level, a range of measures from the 1997 EU Action Plan on Organised Crime have been agreed, with the intention of improving co-operation between national law enforcement agencies in order to tackle international organised criminal groups more effectively. Following on from this plan my Department has also actively participated in drafting the new EU strategy for the prevention and control of organised crime for the beginning of the new millennium which will ensure a continued co-ordinated response to tackling organised crime at EU Level.
International agencies such as Europol and Interpol have an important role to play in dealing with international organised crime and the Garda are in regular contact with these agencies through the garda liaison officers posted to Europol and Interpol Headquarters.
I will make arrangements for copies of the EU Organised Crime Situation Report, 1998 to be made available in the Oireachtas Library.
I would like to concentrate on criminal gangs in this State rather than international gangs. Will the Minister confirm he has submitted a report which states that there are 13 serious criminal gangs operating in the State? Will he confirm that seven of those gangs use legitimate enterprises to cover and launder their ill-gotten gains? Do any of these gangs have international connections and what specific action has he taken to break those gangs? In the wake of the Criminal Assets Bureau and the proceeds of crime legislation in 1996 we had expected them to be smashed once and for all. It is clear we will not end criminality, but it is a cause of concern to many people that 13 such gangs exist. I seek a detailed answer as to how these gangs are to be combated and smashed.
The report concludes that Irish organised crime does not operate under the control of one organisational group. There are approximately a dozen major groups. They are well established and tightly structured. They are involved in drug trafficking, armed robbery and, to a lesser extent, the theft of computer components. These groups are mainly based in the Dublin area.
It can be said that organised crime in Ireland tends to be national in character with the absence of the involvement of a significant number of foreign nationals. However, some of these groups have contacts outside Ireland and this characteristic is featuring more frequently among Dublin groups. It is estimated that approximately 60% have contacts outside Ireland. These groups are mainly involved in illegal drugs.
Irish organised crime groups are involved in money laundering to a significant extent. The continued buoyancy of the economy in general and the property market in particular provide criminal groups with increased opportunities to launder the proceeds of crime. Some of these groups can be involved in what appear to be legitimate businesses in order to launder the proceeds of crime.
With regard to breaking up these gangs, some of the major gangs have been broken up in recent years. Organised crime still poses a problem for the authorities and the intention is to continue to pursue the gangs relentlessly. That is why the resources of An Garda Síochána have been increased in so far as and where possible. In particular, it is the reason the Criminal Assets Bureau has been so heavily resourced. In addition, as the Deputy will be aware from proceedings in the House over recent years, considerable legislative action has also been undertaken.
With regard to the communiqué issued after the Council, what are the rules on the interception of telecommunications for the investigation of serious international crime and how will they apply in the State?
A convention on mutual assistance was signed in Brussels. Part of it dealt with interception. In future, it will be possible for a state to request another state for an interception to be made. The authorities in that state will be able to make the interception if they so agree and transmit the intelligence or information gleaned to the requesting state.
