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Dáil Éireann debate -
Wednesday, 8 Mar 1995

Vol. 450 No. 3

Adjournment Debate. - Armed Crime.

I thank the Chair for allowing me to raise this important matter. While I have every respect for the Minister of State. Deputy Currie, I am gravely disappointed that neither the Minister for Justice nor the Minister of State, who was in the House ten minutes ago, is present to listen to the points I wish to make. I raise this matter in response to growing——

Deputy Currie is Minister of State at the Department of Justice.

When the Minister of State was on this side of the House he complained vociferously when the relevant Minister of State was not present to reply. I am now making the same point.

I raise this matter in response to serious and growing public concern about a spate of violent crimes involving the use of firearms. What steps does the Government propose to take to stem this tide? A number of legislative measures are urgently needed. What is the Government's current policy on bail? For how long is it going to hide behind the Law Reform Commission on this subject? Does the Government have a policy on the right to silence? There is widespread concern among senior ranks of the Garda Síochána and the legal profession that the right to silence will have to be modified to enable the forces of law and order to tackle organised crime.

On operational matters, is it the intention of the Minister for Justice to reconstitute the special squad that was disbanded in the 1980s? Members of the Garda Síochána have told me on a number of occasions that this is essential if they are to tackle organised crime. What does the Minister propose to do about the policy on tenure of office which has been introduced in the Garda Síochána under which members of the force are transferred into and out of the detective branch like Lanigan's Ball? Such a policy was introduced in the United Kingdom ten years ago but has since been reversed as it proved to be a disaster. Yet, senior management within the Garda Síochána have decided, lemming like, to introduce this crazy policy which is having a devastating effect in the detection of crime.

There is a crisis of morale within the Garda Síochána and a crisis of confidence among the public, who have never had such a poor perception of the effectiveness of the Garda at any time in our history. The detection rate has dropped alarmingly from 47.7 per cent in 1973 to just under 33 per cent at present and continues to decrease.

Will the Minister reverse her decision announced recently to implement the money laundering provisions of the 1994 Criminal Justice Act as and from 2 May next? We pointed out several weeks ago, following the robbery in Dublin in which £2.8 million was taken, that if these provisions were not implemented immediately the perpetrators of that crime would be able to launder the proceeds. I presume they have now done this. Unless these provisions are implemented immediately the perpetrators of the recent violent crimes will also be able to launder the proceeds with impunity. This would be in no one's interest except that of the criminals. I do not know the reason for the delay. In the next few days the Minister should implement these necessary provisions to make it easier to detect these criminals and prevent them from laundering their ill-gotten gains.

The Minister for Justice was present in the House for an important vote tonight following which she left immediately and is now on her way to Brussels on Government business.

What about the Minister of State?

I am a Minister of State at the Department of Justice. I am sorry that the Deputy's lack of knowledge is matched only by his thick neck and arrogance.

Given the number of incidents, the Government has lost track of crime.

Just over two months ago he had responsibility for this matter, yet he now has the arrogance to make such accusations.

The Minister of State is now responsible.

I express my absolute abhorrence of the use of firearms in a number of incidents in Dublin recently. The best wishes of the entire House will be with those who were shot and their families. The Garda will do all within its power to bring those responsible to justice.

Crime is always unacceptable but the use of firearms in the commission of crime is especially reprehensible and must be deplored in the strongest manner. No civilised society can allow the rule of the gun to replace the rule of law. While violent crimes may only be a small percentage of overall crime, I am not in any way complacent about the situation. With the Minister for Justice, I am determined that all possible measures be taken to deal with armed crime. To this end, in 1995 the Minister is providing the largest allocation ever made to the Garda to ensure that it has the necessary resources to deal with this and other types of crime.

I caution the Deputy regarding his view that the incidents add up to a serious escalation of crime involving the use of firearms. While we cannot afford in any way to be complacent about armed crime and the crime problem in general, we must at all times be careful to set out, correctly and precisely, the extent of the problem. In 1993 there were 723 armed robberies and aggravated burglaries in which firearms were used. However, in 1994, this figure had declined to 582 — a reduction of nearly 20 per cent. This significant decrease in armed crime is a measure of the resolve of the Garda to deal effectively with this most serious of problems.

With regard to the implementation of the anti-money laundering measures contained in the 1994 Criminal Justice Act, I am happy to be in a position to inform the Deputy that the Minister has recently made a commencement order to bring sections 32 and 57 of the Act into operation on 2 May next. These sections require banks and other financial bodies to carry out identification checks to prevent money laundering and to report to the Garda Síochána where they suspect that laundering is taking place in relation to their business. They supplement other provisions of the 1994 Act, in particular, the money laundering offence and the power to confiscate criminal proceeds and to obtain restraint orders to seize and freeze suspected criminal assets which came into force on 14 November 1994.

The Criminal Justice Act was enacted on 30 June 1994. Detailed administrative guidelines for the implementation of the anti-laundering provisions have been in preparation by a steering committee which was established in April 1994. The guidelines are being finalised and the thousands of employees who will operate sections 32 and 57 of the 1994 Act are due to receive appropriate training. Accordingly, 2 May was chosen, following consultation with the relevant parties, as the operative date of the sections to ensure they will be introduced effectively and comprehensively from the very beginning.

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