Charles Flanagan
Question:52 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to address gangland violence and murders, with particular reference to Dublin. [27208/08]
Priority Questions.
Gangland Killings.
The Government attaches the highest priority to combating organised crime and bringing those involved in such activities and who show such callous disregard for human life to justice. One of the main priorities set for the Garda Síochána under the Garda Síochána Act is to target gun crime, organised crime and drug trafficking through a range of measures, including the use of Garda specialist units and targeted operations such as Operation Anvil.
The Garda Síochána meets this task by strategic actions including, in particular, continuous and intensive intelligence-led operations against groups and individuals engaged in such illegal activity. Available intelligence is fully analysed and used in the strategic deployment of both local and specialised operational Garda units in targeting persons and groups. It is used in carrying out searches and arrests aimed at both preventing attacks and apprehending persons suspected of being involved in such attacks. Profiles regarding the personnel of organised criminal gangs are continually updated.
Both uniformed and plain clothes Garda patrols and checkpoints have been increased in areas where it is considered likely such attacks might take place. In recent months, action has been focused on particular individuals. Search operations have taken place with the aim of identifying the sources of devices, such as pipe bombs, being used. A quantity of such devices have been seized and a number of persons have been arrested and charged. These persons are currently before the courts. Firearms and drugs have also been recovered resulting in the arrest and charging of persons suspected of being significantly involved in such criminality.
The Garda Commissioner has established on a permanent basis the organised crime unit with the specific objective of targeting those suspected of involvement in organised crime, including drug trafficking, importation, sale and supply. Similar operations are undertaken by Garda specialist units, including the National Bureau of Criminal Investigation, the Garda National Drugs Unit and the Criminal Assets Bureau.
Operation Anvil commenced in the Dublin metropolitan region in May 2005 to deal with this type of serious crime and was extended nationwide in 2006. The primary aim of the operation is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt and visible policing and patrolling and static checkpoints by uniform, mobile and foot patrols supported by armed plain clothes patrols.
Additional information not given on the floor of the House.
The Garda Commissioner is committed to the objectives of Operation Anvil. An allocation of €20 million has been ring fenced in the Garda budget for 2008 to ensure its continuing effectiveness, augmented by other initiatives, both local and national. There is no point in underestimating the difficulties faced by gardaí in counteracting this threat but they have the full support of the Government and, I am sure, all Members of this House in continuing to take relentless action against all those involved.
I acknowledge the Minister expresses concern about this matter. However, in doing so, I say to him that the time has come to express more than concern. The situation is deteriorating quite rapidly. This year alone, there were over 100 shootings in the city of Dublin, which have been accompanied by 40 bomb attacks. As recently as last weekend, a grenade attack on a private house took place.
Can the Minister explain how organisations such as the INLA have been able to thrive in Dublin to the extent they have in recent times, along with other perhaps more orthodox criminal gangs, and why appropriate action has not been taken to bring these people to justice and stop this litany of bombing, grenades and shootings of record proportions?
I share the concern of all Oireachtas Members and the reasonable members of the public. The Garda Commissioner has stated he has more than enough resources to target this. Operation Anvil is specifically targeted at this type of crime and resources will continue to be made available. There has been a reduction in the past number of years in the number of murders with firearms. No one wants any murder but in the first part of this year four people have been murdered, as opposed to six in the same period of the previous year. We cannot be complacent about this. On a daily basis I involve myself in discussions with the Garda Commissioner to ensure he has the proper resources targeted at the proper areas in Dublin and elsewhere around the country.
Regarding firearms, the recently announced proliferation of handguns is totally unacceptable. We have had 1,600 more handguns licensed last year. The Minister expresses his acknowledgement and thanks to a High Court judge for reminding him of that situation. Could I remind him that we had drawn his attention to that by way of parliamentary question on 28 May and 17 June, to which we received very little by way of positive response? How is it that people are leaving this city on a fairly regular basis for cities such as Prague in the Czech Republic to receive firearms training and returning to engage in the use of firearms on a regular basis? What is the Minister doing about this? We have put this question to the Minister in the past, and to his predecessor. Where are the targets, the results and the strategy?
Regarding firearms, I did not need reminding by the judge or the Fine Gael Party because it was one of the issues I targeted when I became Minister a number of months ago. This is a serious issue and there has been a dramatic rise in the number of licences issued. Prior to this weekend, I intend to bring forward a technical decision because of some court decisions on the interpretation of the recent Act and regulations. There needs to a tightening up because we need to bring this legislation together to ensure there is no further proliferation of these firearms.
Casino Regulation.
Pat Rabbitte
Question:53 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform when it is intended to publish the report of the casino regulation committee which was submitted to Government in April 2007; if it is intended to proceed with the plan to establish an informal committee from Members of the Houses of the Oireachtas to consider the report and related matters; and if he will make a statement on the matter. [27058/08]
I refer the Deputy to replies to Questions Nos. 124 and 194 of 28 May 2008 and Question No. 2 of 17 April 2008, which set out the position in connection with this and related matters.
The casino regulation committee completed its report in April 2007. It is a lengthy document that deals with a range of complex and inter-related public policy issues including Internet gambling. Neither the Government nor I have adopted any views on the report. Indeed, because the report in question makes recommendations that have significant public policy implications, it was clear that it would require further detailed analysis before Government could be asked to make a formal decision on introducing any new regulatory regime for the gaming area.
My predecessor had proposed publishing the report of the casino committee — Regulating Gaming in Ireland — in conjunction with the establishment of an informal cross-party committee to examine that report and the wider aspects of gaming and gambling. The report is ready for publication but, like my predecessor, I consider that this is an area where cross-party consensus would be not only desirable from the outset but would help in mapping the way forward so that the interests of all elements in our society are taken into account from the beginning in an area of important public policy. This is important because there are widely diverging views held on this subject not just between parties, but within parties in this House.
My aim is to ensure that gaming activities are carried out within a responsible framework that recognises the reality of those activities, the changed environment within which these activities now take place, including on the Internet, but which also ensures that they are properly and responsibly managed, particularly as far as those who may experience problems as a result of their participation in gaming activities are concerned.
My clear preference is to proceed on the basis of agreement to establish a cross-party committee and to publish the report within the framework of that committee. However, due to the delay in establishing the informal cross-party committee I have decided to go ahead with the publication of the casino regulation committee report — Regulating Gaming in Ireland — imminently in advance of finalisation of the informal cross-party committee. I welcome all observations on the report. As it is still my intention to proceed with the establishment of the committee the invitation to the Labour Party for a representative to participate on the committee remains open. This approach presents an opportunity to Members of the Oireachtas to contribute, at the important policy formulation stage, to the future architecture of gaming. This is the best way forward.
Why does the Minister want the cover of an all-party committee?
This report refers to an important policy area. The Oireachtas has not addressed it since 1956. There has been little legislative change in this area. The Oireachtas has passed it off. There were a number of reports during the time when Deputy Rabbitte was in government, including an unpublished task force report on the casino issue while Deputy Ruairí Quinn was Minister for Finance. The Government decided not to proceed.
This is a substantial report and I will publish it within the next week or so. The all-party committee would be a way of coming to some consensus on the way in which we can manage gaming and betting while giving people an opportunity to examine the negative aspects of the proliferation of Internet gambling, for example. While the Government can take a view on it, it is better that it is handled on an all-party basis.
There are a great many matters that have not been legislated for for a long time and where the law is out of date but the Minister does not come to the Opposition asking for its support and views in respect of these. What does "imminently" mean? The Minister has had the report since April 2007 and is now choosing to publish it as soon as the House rises. Does the Minister agree with his predecessor who said, in response to Deputy Charles Flanagan: "Any report should be matched on publication with definitive Government proposals for the implementation of the recommendations in it."?
Does the Minister agree it is urgent that the casino sector is regulated and that responsible operators of medium-sized casinos have been seeking this for a long time? It is desirable that they should be so regulated. If the Minister is publishing the report, what does it say about fixed odds betting terminals? What is the attitude of the Minister to that subject?
I am not an expert in this area, as Deputy Rabbitte will understand, although he was not particularly sure about my history in respect of alcohol.
I have always seen the Minister as part of the Calvinist wing of the Fianna Fáil Party.
I am not an expert on gaming, gambling and betting and I would defer to Members who are experts.
I would not bet on the Minister deferring to anyone in respect of any matter.
Perhaps that is a good thing, perhaps it is better that I am not an expert.
Regarding fixed odds betting terminals, I am very concerned about their implementation based on what I have read about them. Looking at the experience in the UK, particularly the research on the effect on people, it would be a serious move to implement them in Ireland. By and large, the report comes down against the implementation of them. I will publish the report some day this week. I do not in any way intend to show disrespect to the House by publishing it. We corresponded recently on this matter and the Deputy made a valid point that neither he nor his party has made a judgment on whether it wishes to participate in the committee until the report has been seen. This is a valid point. I will publish the report and he can make——
Will the Minister go ahead and establish the committee?
I should think so, yes. I do not necessarily agree with my predecessor on bringing forward reports and us then dictating. It will depend on the circumstances. This area is complex and a great deal of analysis is required of the negative aspects of gaming and the proliferation of gaming and betting opportunities which exist. At the same time, we must understand this is a substantial industry employing 20,000 people.
National Drugs Strategy.
Charles Flanagan
Question:54 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the steps he is taking to address the widespread availability of illegal drugs here. [27209/08]
I commend An Garda Síochána for the seizure last night, as part of a planned operation, of what is estimated to be €4 million worth of heroin.
My Department's remit in this area, as part of the Government's overall national drugs strategy, while not exclusively, is primarily in the area of drug supply reduction and drug law enforcement remains a key feature of the Government's drug policy framework.
An Garda Síochána invokes a number of broad strategic responses in addressing the issue. These include identifying, targeting and dismantling national and international drug trafficking networks which supply and distribute illegal drugs within the State; conducting intelligence-driven operations focusing on all aspects of the illicit drugs trade, including commodity, logistics, distribution and financing; working with other national and international law enforcement agencies on joint actions designed to reduce the availability of drugs and the proceeds derived from the drugs trade; and working in partnership with statutory, community and voluntary groups to reduce both the supply and demand for drugs within society.
In implementing these strategies, the Garda national drugs unit will continue to co-ordinate large scale operations against drug dealing and trafficking with the unit personnel investigating cases themselves and assisting local investigation teams as appropriate. Additional assistance will continue to be made available from other specialised Garda support units, such as the National Bureau of Criminal Investigation, the Bureau of Fraud Investigation and the Criminal Assets Bureau.
I am advised by the Garda authorities that in addition to the considerable volumes of drugs continuing to be seized, significant impact has been made over the past 18 months by arresting and prosecuting a number of major players involved in drug trafficking through the importation, sale and distribution of drugs. A significant number of crime gangs involved in this type of criminal activity have been disrupted and dismantled.
Drug seizures this year to date include more than €20 million worth of heroin and €7.2 million worth of cocaine. I warmly commend An Garda Síochána in this regard. Of its nature this work has to be ongoing and relentless.
Paradoxically, while increases in the number of drug seizures lead to an increased crime rate as demonstrated, for example, in the most recent CSO crime statistics which show an increase year on year of 31% in detections of controlled drug offences, such seizures are in fact to be welcomed as evidence of increased enforcement.
I join with the Minister in acknowledging the success of the Garda Síochána in seizing €4 million worth of heroin last night. However, if such a seizure took place five years ago it would have meant a shortage of heroin on the streets. This did not happen because it was the tip of the iceberg such is the problem and the difficulties involved.
As far as cocaine is concerned, this week the Minister will have seen a report which states three times the amount of cocaine is on the streets now compared to five years ago. The Minister mentioned supply reduction in his reply. The Government is failing abysmally. While the amount of drugs on our streets has increased to record proportions, our ports are manned by one x-ray scanner and surveillance equipment for our seas amounts to one boat.
What is the story with the second mobile x-ray scanner? Does the Minister accept what the Garda Síochána appears to accept, which is that criminal gangsters are aware that the mobile scanner is in Cork and will use a ferry port in Wexford or Dublin to bring their illicit consignment into the State? I was informed by the Minister's predecessor that a second scanner was on the way. Where is it?
What steps has the Department taken in conjunction with customs officials to ensure a second coast guard boat can be acquired? It is unacceptable and impossible for 4,000 km of Irish coastline to be guarded by a solitary boat. What steps has the Minister taken to deal with this issue since he took office?
Given the fact that we have a large coastline, most detection which takes place is intelligence based and comes through working with other law enforcement agencies. We have been successful in this respect and last night's seizure shows this is the case.
In the context of working with our international partners, recently Ireland agreed to participate in the Maritime Analysis and Operation Centre, MAOC. Its aim is to prevent narcotics coming from across the Atlantic and is geared towards the importation of cocaine into Europe. This is a new initiative and Ireland will be represented at its base in Lisbon.
The number of seizures has increased and this is an indication that the policy is working. With regard to the equipment referred to by Deputy Flanagan, such as x-ray machines, the responsibility lies with the customs service which is in the process of tendering for a new cutter which will be available in 2009. Customs service personnel are present all the time at every medium and large port. A major attack by the Garda Síochána and the customs service has been made on the new aerodromes which have sprung up throughout the country. They were targeted in 2007 and this will continue. The vast majority of assistance in this respect comes through good intelligence and this has been shown in the dramatic increase in the number of seizures.
I regret we do not have sufficient time to probe the matter of aerodromes in a meaningful manner. Does the Minister accept a report published in February this year which states that seven aerodromes frequented by aeroplanes of international origin have not been inspected or had a visitation by anyone in the customs service? The situation in our private airports, airstrips and aerodromes is farcical. The Minister stated this was prioritised but this is simply not the case. Will the Minister concede that airstrips and aerodromes have not been inspected? How can we expect to have a war on drugs or make progress if our coastline is virtually unguarded as we have only one scanner and one ship and our aerodromes are not inspected?
In this regard, for the most part, our law enforcement agencies, whether the customs service or the Garda Síochána, operate through good intelligence. To my knowledge, the customs service has visited as many aerodromes as necessary, given the type of intelligence it received. I expect it will continue to do so.
Garda Communications.
Charles Flanagan
Question:55 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress achieved in respect of the provision of a national digital radio system for the Garda Síochána. [27210/08]
The provision of a secure digital radio service for the Garda is well under way. Following the completion of a pilot digital radio project by the Garda authorities, a decision was taken to procure a single nationwide digital radio service for use by the Garda authorities, other emergency services and non-commercial State bodies. This enables economies of scale as well as allowing for inter-agency communication in the event of major incidents or cross agency operations. Following completion of the tender processes by the Department of Finance, a preferred bidder, TETRA Ireland Limited, was selected. A service performance evaluation covering a significant part of the Dublin metropolitan region and surrounds, including Dublin Port and the airport, was satisfactorily completed late last year to ensure the preferred bidder demonstrates its capability to deliver this key service for the emergency services, both from a technical and organisational perspective.
In parallel with the performance evaluation, detailed and intensive contract negotiations took place between the Department of Finance and the preferred bidder and the contract was signed on 1 May this year. Roll-out of the required infrastructure by TETRA Ireland has progressed well since the exchange of contracts. Significant additional resources were provided for in the Garda Vote this year and this will be used for the purchase of the necessary equipment such as hand-held radio equipment, radios for Garda vehicles, despatch equipment etc. As the contract is based on a managed service model, annual usage charges will apply and, therefore, there is no major up-front capital investment by the State in the provision of the network.
I am informed by the Garda authorities that the Garda project team is continuing with preparatory and planning work to progress the project work-streams and meet migration and roll-out milestones. I am further advised that this preparation and planning by the Garda authorities is well advanced and implementation will closely follow the roll-out of the infrastructure by the preferred bidder. The entire nationwide roll-out is expected to be completed over a two-year period. Until roll-out of the new system is complete, Garda authorities will continue to maintain their existing radio infrastructure, including the digital radio system servicing significant parts of the Dublin metropolitan region, and its analogue systems throughout the country. I assure the Deputy that the provision of a new secure radio service for the Garda Síochána as soon as possible remains a priority.
If I used the word "farce" in response to a previous reply given by the Minister, I must use the words "monumental fiasco" to describe this issue. We are waiting ten years for the digital radio system. Earlier this year, the Minister's predecessor engaged in a fine public relations stunt called the signing of the contract. I was present at the Garda conference when much was made of the announcement to exceed all announcements that this system was on the way, the contract had been completed and nothing would stand in the way after ten years in the delivery of this vital infrastructural equipment for the Garda in the fight against crime, with which I am sure the Minister will agree.
Neither the Minister nor any official in his Department factored in the Department of Communications, Energy and Natural Resources and ComReg in this issue. The signing of the contract and the agreement with TETRA Ireland Limited are all very fine except that this process has come to a complete standstill because ComReg has not given its consent and the service cannot proceed without the issue of the licence by the Department of Communications, Energy and Natural Resources. What is happening in regard to this issue? How can we have a situation where another public relations stunt takes place and contracts are signed but the Minister replies that the service will be provided "as soon as possible"? What does he mean by that?
Will it be connected to PULSE?
There is a misapprehension regarding the signing of the contract and the application to ComReg. I could not apply for a licence until a contract was in place and, therefore, that was a prerequisite for the application to be made. We could not make the application until we knew who was the contractor. There is no delay in that respect.
How long will it take?
That is a matter for ComReg, which is an independent body.
What is the Minister doing about it? Has he made representations to ComReg?
The sooner the decision is made, the better but ComReg is an independent agency. We would like it to make the call as quickly as possible but we could not make the application to the commission until the contractor was in place.
That was not stated at the public relations stunt announcing this.
As soon as the licence details have been agreed, we will introduce the requisite statutory instrument, which will be signed by my colleague, the Minister for Communications, Energy and Natural Resources.
Constitutional Amendments.
Alan Shatter
Question:56 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform if he agrees with the statement by the Director of Public Prosecutions that a constitutional referendum should be held to reinstate the offence of statutory rape, which statement was originally made by him to the Joint Committee on Child Protection in 2006 and repeated by him on 27 June 2008 in a speech at UCC; and if the Government is committed to the holding of such a referendum. [27535/08]
I am aware of the views of the Director of Public Prosecutions. There is little point in going back over old ground on the reasons for the 2006 Act but, in light of the decision of the Supreme Court in the CC case, the Government had a choice of either introducing emergency legislation that fully complied with that decision or doing nothing in the short term, which would have meant no offence of carnal knowledge of girls under 15 years of age.
The Joint Committee on the Constitutional Amendment on Children is examining the Twenty-eighth Amendment of the Constitution Bill, published in February 2007 by the Minister for Health and Children. It provided wording for inclusion in the Constitution on the rights of children which could be put to the people in a referendum. The wording included a provision that would allow the Oireachtas to pass laws providing for offences of absolute or strict liability committed against or in connection with children under 18 years of age. The committee is due to report to the Oireachtas by the end of November 2008. The Government will await the report of the joint committee. If one thing is clear from events of the past few years, this is not the type of decision that should be rushed. We do not intend to usurp the work of the committee nor to anticipate its report. However, we are in contact with the Attorney General on the options for legislation that might be available.
A referendum has by no means been ruled out. It is still a live option, but any decision to hold a referendum on the reintroduction of absolute liability would only be the beginning of a process. In a referendum, we would have to place before the people the general scheme of a Bill to give effect to what they would be asked to vote on. For example, the age below which absolute protection would apply, the age of consent, the question of sex amongst children of approximately the same age and the liability of persons in a position of authority or trust over the child would be among the issues that would have to be addressed in a general scheme. The people would have to know exactly what they were being asked to vote on. In addition, before asking the people to vote, the Government would like a broad level of agreement among the political parties on the wording of a constitutional amendment and the legislation following a "Yes" vote.
I am intent on fulfilling my duty to safeguard and increase the legal safeguards of all our citizens. Only yesterday, I met my colleagues in the European Union and we acknowledged that the protection of the rights and freedoms of our citizens is the first of the common values held by us as guardians within the Council. We agreed to make protecting children against crime, in particular crime of a sexual nature, an important objective.
Will the Minister confirm he is a member of the committee to which he referred? Does he agree a statutory rape law fulfils a vital role in the scheme of criminal law relating to sexual offences against children, as stated by the DPP? Does he acknowledge that the task of prosecuting in such cases in the absence of a statutory rape law is immensely more difficult? Will the Minister confirm that a referendum remains not an option to reintroduce absolute liability to protect children but Government policy that such a referendum will be held?
Will he acknowledge that the committee to which he referred can make absolutely no progress until all parties to it, including those in government, bring their suggestions and proposals to it as to the substantive legislation that should accompany any such referendum? Will he explain why almost two years since publication of the all-party committee report on child protection, which recommended that such legislation be prepared in draft form as a prerequisite to a referendum, the Government has been completely incapable of producing to the committee proposals of a substantive nature to enable it to make progress?
As I said when I attended a recent committee meeting, the Government's position is as it was prior to the establishment of the committee. I have attended committee meetings for only a number of weeks and the more I attend, the more I realise how complex are the issues, not only those of absolute and strict liability but also adoption and softer issues that are in the proposal to amend the Constitution.
With regard to the 2006 Act, the Government had the option of doing nothing and leaving an incredibly difficult situation or introducing a law, which it was always accepted would not be a long-term solution. That is why the Government moved to establish the most recent committee. Members on all sides of the House accept this is not an easy issue. As I stated to the committee, the Government could come in with proposals that would not necessarily be acceptable to Opposition Members. We want to achieve as much consensus as possible on this issue. While some people are of the opinion that a referendum is unnecessary, others are of a different opinion. This situation pertains in a number of parties. For example, members of the Deputy's party hold different opinions.
I want to allow Deputy Shatter to ask a brief supplementary question.
We must achieve a strong balance between the maximum protection for children while providing people with fair trials.
Will the Minister confirm whether the Government is racked by confusion and indecision on this issue? Will he acknowledge that the child protection committee is not making progress because almost two years after the publication of its proposals to hold a referendum and to draft substantive legislation, the Government has not tabled any measure? Will he also acknowledge that achieving a consensus within a committee is impossible when the only substantive proposals before it have been made by Fine Gael and Sinn Féin? Will he explain to the House how the committee can, while waiting to deal with other issues another day, reach conclusions on the issue of providing an absolute zone of protection for children in the absence of the Government engaging in a discussion on the legislative basis and in circumstances in which the Government is apparently shifting its ground and is on the verge of determining not to hold a referendum?
Before I call on the Minister to respond, matters internal to a committee of the House are, according to Standing Orders and convention, not normally raised in this way.
Deputy Shatter stated that Fine Gael submitted——
My concern is that young girls at risk should be protected and that prevarication and pretence should be ended.
I do not want to be——
We want progress.
This is an issue on which the House should not divide and for that reason, the Government has sought all-party agreement.
The Government should table proposals, but it has none.
Deputy Shatter stated that Fine Gael, in his guise, tabled detailed proposals, but, with due respect, a two-page letter is hardly a detailed proposal.
We have tabled substantive proposals and principles.
It is more than the Government has done.
Allow the Minister to reply.
The Government does not have one page of proposals or suggestions.
The committee has spent endless hours on this matter.
The Minister will travel the route of diminishing work we have done, which the Government lacks the capacity to do.
I assure Deputy Shatter that it would be wrong of him to be confrontational regarding this issue. There should be no confrontation.
It is an issue in respect of which there should be progress. A committee should not cover for inaction when young girls are at risk.
We are trying to redress a situation that arose as a result of a Supreme Court decision in respect of a 1935 Act. Every Member is doing his or her level best to try to deal with this issue in a reasonable and rational way. To maintain that it can be decided on the back of a stamp would be wrong.
The Minister is prevaricating. The Government has done nothing since 2006.
Given the gambling issue as well as this one, should an all-party Government be formed?
Deputy Rabbitte would give out to us were we to jack-boot stuffin.
He could be the Minister without a portfolio.