I welcome the Minister, Deputy Dermot Ahern, to the meeting. Before we commence, I wish to advise members that the Minister will give the committee a presentation on the motion, to be followed by a question and answer session.
Criminal Justice (Drug Trafficking) Act 1996: Motion.
I thank the committee for giving me an opportunity to discuss the renewal of the detention provisions under the Criminal Justice (Drug Trafficking) Act 1996. As members will be aware, section 11 of the Act requires the Minister for Justice, Equality and Law Reform to prepare a report on the operation of the provisions in question with a view to moving a resolution to provide for their renewal. The necessary report covering the period 25 November 2006 to 14 November 2008 has been laid before both Houses of the Oireachtas and copies have, I understand, been circulated to members.
The Government's top policing priority continues to be the targeting of organised crime, including drug trafficking and the gun culture with which it is associated. I have made lengthy and detailed presentations before both Houses in the past fortnight on these issues in the Private Members crime debate in the Dáil, statements in the Dáil on the position in Limerick and a recent statement on the work of the Criminal Assets Bureau before the Seanad. I am sure members do not wish or need me to restate the Government's approach and the range of measures we are taking to address these matters. However, before elaborating on the various sections of the Act under discussion, I will briefly provide some background information on the overall drugs problem in respect of which the renewal of these necessary provisions is being proposed by the Government.
Drug misuse remains one of the most difficult social ills faced nationally and globally. While our drug law enforcement response is a vital feature of our overall response in addressing the problem, we cannot fall into the trap of looking at the issue from a supply reduction perspective only. We must examine the drugs problem in the wider context and be fully aware of the resultant consequences and harm arising from the continuing use of illegal drugs in society. There is an onus on all of us to make a concerted effort to get across the message that the demand for and use of illegal drugs are what fuel the drugs trade and maintain organised crime's central involvement in that trade. Collectively, we must clearly signal a message that not only is drug misuse harmful for users but it also leads to gravely destructive effects for our communities and society as a whole.
The Government remains resolutely committed to tackling the problem in a comprehensive way through the current National Drugs Strategy 2001-08. The strategy addresses the problem under pillar headings of education and prevention, supply reduction, treatment and rehabilitation and research and is firmly founded on the principle that drug misuse needs to be addressed in an integrated manner across these headings through a co-operative approach involving the statutory, community and voluntary treatment sectors. The Department of Community, Rural and Gaeltacht Affairs, under the stewardship of my colleague, the Minister of State, Deputy John Curran, is the lead Department in co-ordinating the implementation of the strategy and overseeing the process of developing our new strategy for the years 2009 to 2016. My Department's involvement is predominantly, although not exclusively, in the area of drug supply reduction and drug law enforcement. The latter is a key feature and one of the specific pillar headings of the Government's drug policy framework. While I do not wish to pre-empt the outcome of the current work of the steering group overseeing the development of our new drugs strategy which will come on stream next year, drug supply control measures will continue to remain a vital element of our overall approach in tackling the problem. The drug trafficking detention provisions before us for renewal play an essential role in assisting the Garda to perform its functions in this regard.
Before examining what is an imperative need to continue to provide strong powers of detention for the Garda under our drug trafficking legislation, I will inform the joint committee of some specific details of operational successes the Garda has had in tackling drug trafficking in the period since the Oireachtas previously renewed these provisions. In both years since the renewal of these resolutions — 2007 and 2008 — the Garda authorities advise that their operations have resulted in substantial seizures of drugs and the disruption of supply networks. In particular, the Garda authorities have advised me that during 2007 a total of 46 significant seizures were recorded. These are drug seizures where the estimated realisable monetary value of the drugs seized exceeds €300,000. I am also advised that during the first three quarters of 2008 a total of 37 such significant seizures were recorded. This excludes the recent seizure of approximately 1.7 tonnes of cocaine off the west Cork coast in November obtained during Operation Seabight. It is particularly relevant that the detention provisions we are discussing were utilised by the Garda in these cases.
In addition to providing this information on larger drug seizures, I will provide more detail on particular operations targeted at drugs which the Garda Síochána has undertaken this year. Examples of such targeted operations include: Operation Cellar which was carried out between February and September to target drug distribution in Garda divisions primarily in Dublin but also in a number of other regions — this operation led to the arrest of 155 individuals and the initiation of 236 drug supply charges; Operation Bench which was carried out between April and September by the Garda in conjunction with the PSNI and Dutch authorities — this international operation was targeted at Irish and Dutch criminals involved in the illegal distribution of drugs and firearms and resulted in the seizure of a total of 218 firearms, 14 kg of heroin and 6 kg of herbal cannabis and the arrest of a total of eight individuals in the three jurisdictions; Operation Fluorine which was carried out between May and November when the Garda national drugs unit targeted the activities of head shops — this culminated in a series of co-ordinated searches recently conducted in 25 such outlets throughout the State and the substances seized are under forensic analysis to ensure compliance with the Misuse of Drugs Acts; and the successful Operation Seabight which was a co-ordinated effort by the Garda, the Customs and Excise service and Naval Service working in conjunction with our European partners at the Maritime Analysis and Operations Centre — narcotics — in Lisbon and which is further highly publicised evidence of inroads being made against those involved in drug trafficking.
Despite the level of drugs which continue to be in circulation, we should acknowledge that the Garda and the Customs Service of the Revenue Commissioners, supported as needs be by the Naval Service, continue to be very successful with regard to the numbers of drug seizures they are making, the quantity of drugs being seized and number of convictions obtained. These services are using an intelligence led approach to interrupt supply. I warmly commend the agencies involved on their ongoing work in this regard. In acknowledging this ongoing work which is often carried out, we should remember, in a threatening and dangerous environment, the Government remains fully aware that tackling drug trafficking and those involved in such crime presents an ongoing and difficult challenge, one which requires our ongoing vigilance.
Against that background, I will turn my attention to the substantive business, namely, the specific resolutions before the joint committee. Essentially our deliberations are concerned with ensuring our legislative response in addressing drug trafficking continues to provide an appropriate platform from which our law enforcement agencies can most effectively operate. We have an obligation to ensure this is the case.
Section 11 of the Criminal Justice (Drug Trafficking) Act 1996 provides that each of the sections 2 to 6, inclusive, will cease to be in operation 12 months after the date of its commencement, unless a resolution is passed by each House of the Oireachtas resolving that it should continue in operation. The Act, including these sections, was brought into operation with effect from 9 September 1996. Since then, resolutions have been passed on a number of occasions by each House of the Oireachtas to provide for the continued operation of these provisions. Resolutions were passed most recently in December 2006. They provided for the continued operation of the provisions in question up to and including 31 December 2008. It is now proposed to renew them for a further two years up to 31 December 2010. Given the importance and proven need for the continued existence of these provisions since their introduction which I am sure members will agree is demonstrated again in the current report on their utilisation, I am proposing that while a further renewal be sought again, the provisions should be placed on to a permanent footing. I am examining this in the context of draft criminal justice legislation on which work is under way in my Department. Members of the Oireachtas will have an opportunity to consider such proposals upon the publication of such legislation. Pending that, it is acknowledged by the Government that the current powers of detention available to the Garda Síochána under drug trafficking legislation are very strong, and it is important and appropriate that Oireachtas Members get an opportunity, as is the case today, to re-examine provisions such as those. That is necessary both to clearly see the extent of their utilisation but also to be fully informed in order to determine the need to retain them. By way of helping the members of the committee I will briefly set out some of the most relevant extracts from the report.
As shown in the report on the operation of the provisions, the number of persons detained under section 2 during the relevant period was 1,711, which compares to the figure of 1,467 from the equivalent period on the previous occasion of the renewal of those provisions. A total of 821 persons were detained for a period not exceeding six hours, which is the initial period of detention permitted under section 2. Some 664 persons were detained for a period of between six hours and 24 hours, 208 for between 24 hours and 48 hours, 15 for between 48 hours and 120 hours, and three persons were detained for the longest period permitted under the Act, which is between 120 hours and 168 hours.
Of the total number of 1,711 persons detained during the period in question, the number of persons released without charge was 186, or approximately 11%. The number of persons charged following detention under section 2 was 1,054. The Garda authorities advise that of the total, 279 of the persons who were detained have already been convicted of drug trafficking offences during the period in question and that cases are pending in respect of 697 persons.
The report provides more detailed information on the breakdown of the detention figure. The report points out that one application was made to the courts during the period in question for re-arrest under section 4 of the Act. The Garda authorities have advised that, in respect of this case, a person was originally detained on 16 February 2007 and was rearrested in the Kilkenny Garda division on 22 July 2007. That person was subsequently charged with drug offences and the case is currently before the courts. Essentially, the report shows that the shorter periods of detention continue to be extensively used by the Garda in the investigation of drug trafficking while the longer detention periods continue to be used sparingly.
The report provides additional detailed information on section 2 detentions, which involved a period exceeding 48 hours and also provides a 12-month statistical breakdown of the detention figures, as was previously sought by the committee members. The Garda authorities consider it of the utmost importance that those provisions are retained to assist in the ongoing fight against drug trafficking both nationally and internationally. The Government is satisfied that the necessary balance has been achieved by the Garda authorities in ensuring that the powers are used fully but most importantly, only when necessary. We are convinced that such provisions greatly assist the law enforcement efforts against drug trafficking and we are firmly committed to supporting the ongoing work of the Garda Síochána in this area. I believe that anything other than a firm endorsement of this resolution from the committee would be an extremely unwise course of action to take.
Before completing my presentation, I would like to reiterate that drug supply control measures are only one key element of the Government's overall response to tackling the problem of drug misuse and that all in society have a role to play in this regard, as it is the demand for illegal drugs that fuels supply. Anyone who has information on drug dealing, however small the scale, should pass that information on to the Garda.
Today's discussion also provides me with an opportunity to promote further a new national campaign, the Dial to Stop Drug Dealing initiative, which is now in place and is designed to encourage people to provide through a confidential national freefone telephone line, 1800 220 220, any information — anonymously if preferred — that they may have on drug dealing activity in their area. Information provided is, as appropriate, being forwarded to designated contacts in the Garda national drugs unit of the Garda Síochána who direct it appropriately locally and regionally within the Garda system. I urge all members of the public to support the campaign.
Having appropriate drug law enforcement measures in place is vital. It is a key feature of our national drugs strategy. The renewal of these provisions through the passing of these resolutions will clearly demonstrate that we remain resolute from a law enforcement perspective in dealing effectively with those involved in drug trafficking. I thank the committee members for their attendance to discuss this matter.
I acknowledge the presence of the Minister. We are pleased to have an opportunity to discuss the renewal of the provisions under the 1996 Act. Fine Gael fully supports the Minister's proposal and endorses the fact that the renewal is important in the circumstances.
Is it the opinion of the Minister that the drug problem is worse now than it was when the provisions were first enacted in 1996? It is my firm belief that the problem is worse. On that basis, I urge that the provisions be put on a permanent footing at the earliest opportunity. The Minister indicated the matter is under consideration. When did such an analysis commence, what exactly is involved, or what will influence the view of the Government on the issue? When does the Minister expect the report from the criminal law reform division to be concluded? What type of influence does he require in order to form a view on the permanence of the measures?
On the co-ordinated nature of the drug law enforcement agencies, does the Minister accept that it is difficult to expect the Garda Síochána to police the streets, seize and confiscate drugs, arrest people and apply the law as long as the points of entry to the State are as porous as they appear to be? Notwithstanding the successes in that area, in terms of the intelligence-led operations on the ground, there is a need for a more co-ordinated effort between Customs and Excise, Revenue, the Garda and the Naval Service. In recent times there were two substantial successes, especially in west Cork, to which the Minister referred, which were intelligence-led.
There seems to be a re-writing of the circumstances surrounding the massive haul of last year when drugs were washed up following a storm. Will the Minister comment on the view of his ministerial colleague, Deputy O'Dea, who stated that the storm was a chance occurrence, that the State services were on the tail of the consignment of drugs in any event and that the authorities knew of the passage of the drugs across the sea and knew the point of entry? That was never reported at the time. The information from the Minister for Defence, Deputy O'Dea, is new and it was never referred to by the Garda, Customs and Excise or Revenue. Will the Minister confirm whether there has been a co-ordinated approach between the various Ministers to ensure sufficient resources are given to Customs and Excise to facilitate the prevention of drugs entering the State through the ports, airports and exposed coastline?
In recent weeks there was a tragic air crash in Wicklow in which three people lost their lives. It is surprising to note that so few people seemed to know the aeroplane was in the country. The Irish Aviation Authority said it did not know much about it. The airstrip where the aeroplane was due to land was in County Kildare. On inquiry, I saw no evidence that the airstrip is licensed or registered. The Irish Aviation Authority said it is a matter for the airstrip authorities themselves but the person involved with the airstrip said he did not know there was an aeroplane due and that he was not notified. He said that, in the normal course of events, he would be contacted by the pilot of the aeroplane. The pilot could not do so in this case because the unfortunate man was in difficulty. This indicates a considerably lax approach to dealing with international flights entering the State. I accept the fact that it is not entirely a matter for the Department of Justice, Equality and Law Reform but I hope there will be co-ordination between it, the Department of Transport, customs officials and immigration staff.
I welcome the motion and would like to see the provisions on a permanent footing. I hope we will have a more co-ordinated approach to law enforcement in respect of drugs. There are many steps we can take before the seizure of drugs from the pusher on the street and those distributing them in the nightclubs. The points of entry, including the ports, require greater attention and resources than have been evident in recent times.
I thank the Deputy for his support for my proposal. While I am seeking a two-year extension of these provisions, I have already asked my officials to draft the necessary amendment to the criminal justice legislation we are preparing. I asked them some time ago to include a provision to put these measures on a permanent footing.
It is clear from the figures, not just those for this period but also those for preceding periods, that these provisions are very effective and are being operated in a fair manner. The response is proportionate. While some Members of the Oireachtas and others would have some difficulty with the seven-day detention provision, one must acknowledge from the report that it has been used sparingly in the recent period and during the overall period. Despite the fact that it has been used sparingly, it has been used in very significant cases concerning very significant hauls of drugs.
On the question of whether circumstances were worse in 1996, the country was convulsed in that year by gangland crime and drugs. There was a very substantial response by the then Government and the Oireachtas generally in respect thereof and this legislation is part of that response. My colleague, the Minister of State, Deputy Curran, launched earlier this year the second bulletin of the all-island drug prevalence survey 2006-07, which was conducted by the National Advisory Committee on Drugs in conjunction with our Northern Ireland colleagues. The survey shows that, in the period 2002-03 to 2006-07, lifetime illegal drug use on the island increased by 5.5%, from 18.5% to 24%, among the general population aged between 15 and 64. One could also take the view that 76% of the population have never used illegal drugs during their lifetimes, for which we are very thankful. Anecdotal evidence suggests that, with the upturn in the economy, the use of so-called recreational drugs increased. As has been proven by research over the years, recreational drug use tends to deepen one's involvement in drug use.
On the points of entry, given that we live on an island, difficulties arise over monitoring the coast. That we have 11% of the waters of the European Union and only 1% of the population indicates the extent of the difficulties. There has been significant work involving the Office of the Revenue Commissioners, the customs service, the Garda and the Naval Service. Customs and Excise has primary responsibility for the detention, prevention, detection, interception and seizure of controlled drugs at importation. It has been resourced significantly in recent years. A recent decision was made to invest further in this area, including through the purchase of a second cutter and the expansion of the dog unit.
Customs and Excise has indicated its intention to acquire an additional container scanner and it is currently considering the technology options in this respect. I understand a decision on this acquisition will be made in due course.
There is very significant co-operation between the Revenue Commissioners, the Garda and the Naval Service. There is already a memorandum of understanding between them and a joint task force arrangement is in place to effect intelligence-led interventions. Operation Seabight is a classic example. I cannot comment on the preceding operation or on remarks by my colleague. The fact is that there are people in jail as a result of the operation. Operation Seabight shows clearly that Ireland is very much up to the mark in regard to the interception of drugs and co-operation with colleagues.
As Minister for Foreign Affairs, I initiated, on behalf of the State, the move to become part of the Maritime Analysis and Operations Centre, MAOC. We believed very strongly in becoming part of this because it would allow us to rely on the greater naval presence and intelligence capability of other member states, including France, Spain, Portugal and Italy. Ireland was the first to sign up to MAOC. As the members know, we have representatives in Lisbon. Customs officials are permanently based at Dublin, Cork and Shannon, 24 hours per day. There are specially trained dog detection units at these three major airports and there is also a dog unit to detect cash. There are full-time staff at the medium and larger ports and officials operate at the smaller airports and ports on a risk-analysis basis. I understand the Revenue Commissioners, Customs and Excise and the Garda operate jointly on a regional basis to deal with the smaller airports and ports.
The Customs and Excise cutter is not just operating on its own. I have heard what the Deputy said publicly. The Naval Service is a large component in our ability to police our shores against drug smuggling, particularly in working with intelligence received from other EU member states.
Work has already started on the construction of the second cutter and it is expected to be operational towards the end of 2009.
The Labour Party supports the continuation of these sections. I thank the Minister for the information he has supplied to the committee.
I remember well the circumstances in which this legislation was enacted in 1996 because it was acknowledged then that there was no such thing simply as a supply side solution to this serious problem. I was instructed by the then Cabinet to prepare the national drugs strategy, arising from which the local drugs task forces were established. I do not take too much pleasure from the fact that there is a greater need for them now than there was in 1996.
At that time it was a heroin-only problem with no opiate abuse problem outside Dublin. Unfortunately, there is such abuse now in every town and village across the country. I agree with the Minister that it is unrealistic to examine this from a criminal law point of view only. This makes it all the more imperative that the national drugs strategy is properly resourced. There are concerns about its funding, with the leading community representative on the national drugs strategy having resigned. There is considerable concern in some quarters about the diminution of the community's role and participation that I hope the new Minister of State responsible, Deputy John Curran, can assuage.
The national drugs strategy in 1996, and after I was kicked out, under the then Minister of State, Chris Flood, was based on partnership between the community and statutory agencies. That was the secret of its success. Before then, the statutory agencies, such as health boards, the Garda, the probation service and schools, acting alone, failed to address the drug problem in any meaningful way. Partnership with the community gave a considerable boost to addressing the problem. There is a fear in the community that the statutory agencies are beginning to reassert control and direction. That is a mistake which must be corrected.
In my time, 11 drugs task forces were established and the figure has not climbed beyond 12 since. There are some areas crying out for a task force. Cutbacks have affected this area as well. I would enter the plea to the Minister that this is not a suitable area for cutbacks. As he made plain in his presentation, the extraordinary wave of gangland killings and serious organised crime is driven by the lucrative profits that can be made from the drugs trade. That is all the more reason the task forces and national drugs strategy, designed to reduce demand for drugs, should get every support they can. There is no police force in the world that could seal off our island coastline from permeation by would-be drug dealers.
It is difficult to make up one's mind on the figures the Minister presented. Does one applaud the Garda, as we should, for the additional seizures it has made? At the same time, we are confronted with the Garda's own estimate that approximately 10% of the drugs coming into or through our jurisdiction are seized. Whereas it is good to see heightened Garda activity, one is concerned that it is because there is massive drugs importation into and through the jurisdiction.
The figures and seizures show that west Dublin has a serious drug problem and associated problems. Some west Dublin communities, whereas they have not attracted the notoriety of elsewhere, are in danger of doing so if we cannot contain the problem. There is a concern that the serious guys are not being put behind bars, but just the small-time runners. The problem is doing terrible damage to young people. The whole belt of west Dublin has a serious problem with early school drop-out. It all adds up to a dangerous cocktail.
Under section 2, 1,711 persons were detained, with 1,054 being charged. Why have only approximately one quarter been convicted? Why do three quarters of them at the end of two years remain to be brought before the courts? Is this the norm? How many of those in question are on remand in the interim? One hears anecdotal evidence of people facing a charge in this regard, who then run amok with impunity in the interim while they are out. Has the Minister figures in this regard?
I do not like having to say I agree with the Minister in that these provisions will have to be put into permanent legislation to deal with this problem. From a civil liberties point of view, it is a matter of concern that we have reached this stage. I do not know what finessing or tweaking of the sections concerned would be required with consideration of our experience over the past 12 years. This menace, however, poses a great threat to our society and is ravaging some of our communities.
One of the striking things about the task forces when they were established was that one could identify the disadvantaged pockets, the geographic areas in the city where multiple deprivation and drug abuse were concentrated. However, that is no longer the problem. We now have the arrival of cocaine, crack cocaine and so on and the problem is scattered throughout the country. It is even more difficult to contain and deal with now than it was then.
I cannot recall whether the Minister has given figures in the past. Does he give figures for the extent of the manning of the drug squad and gardaí concerned with the drugs problem? My impression, in the belt of west Dublin, from Tallaght to Blanchardstown is that there are some very dedicated gardaí in this area of activity — and it is not pleasant, in more ways than one. However, I get the impression they are very sparse on the ground. I do not know whether there is pressure on us from elsewhere, when gardaí, for example, had to be sent to Limerick, and this meant the drug squad, as it operates locally, across the belt of west Dublin, was denuded of personnel, or whether the force is below the levels required for dealing with the issue there.
In response to the last question, I do not have the exact figures but a number of divisional drug units have been created in the last couple of years and off the top of my head I would guess that the numbers have increased rather than decreased with the significant increase in the overall Garda force. The national drugs unit has a personnel strength, as of November this year, of 63. However, that is only the national unit, and does not include manpower in the divisional units. Neither is that to say that only 63 gardaí are involved in drugs. That is the co-ordinating unit for the entire country, but then there are the divisional drugs units that work hand in hand with the organised crime unit which itself is the national co-ordinator for this area, with a manpower of 70. Then there is the national bureau for crime investigation, the national bureau of fraud investigation and the Criminal Assets Bureau. All gardaí are tasked with the issue of confronting crime and the primary focus of all those internal organisations of the Garda Síochána is the issue of organised crime and drug law enforcement.
I welcome the support of both parties for what I was proposing, that is, the extension of these provisions on a permanent basis. When considering the legislation, in order to have some oversight perhaps we could require the Garda to produce an annual or biennial report — something along the lines of this report — to show how it is being used and, given that we are required to bring it here every two years, to have it renewed over the two-year period.
With regard to the DPP — I gave figures — the level of successful prosecutions in this area is probably higher than in most others, perhaps because people are caught in the act. Over the period the number of people convicted was 279, cases pending — 697, cases withdrawn — 22 and cases struck out — 56. Some 471 cases are still in hand where files have been prepared by the Garda, which is awaiting directions from the DPP. Over a two-year period it is probably not that unusual. It could take a year to 18 months for a case to be prepared and submitted to the DPP. I do not believe it is that unusual.
I am strongly supportive of the drug task forces as being integral to fighting the problem, even in my local area, and I accept what the Deputy says. There was a time when one could clearly identify the respective geographic areas where one could assume there was significant drug abuse. Unfortunately, because of economic circumstances and the changes in society, people from all strata are now delving into drugs. I often hear that the Garda should raid not alone poorer areas of the country where drugs are prevalent, but also the dinner parties.
While it is not my job to direct the Garda in this respect, I am strongly of the view that it should not in any way concentrate on the usual areas. It is clear that part of the problem and the reason why there is a greater supply of drugs is because there is a greater demand across the entire population. It behoves every one of us as politicians representing the broader mass of people to understand this. It is not everyone, and the size of the problem should not be exaggerated. Apparently, some 76% of the population have not delved into drugs at any stage and that is a consolation to all of us.
However, we must rely on different pillars to address this situation. One of them is education. We were very successful with regard to the smoking ban and to a certain extent in the wearing of seat belts and the campaign against drunk driving. It is fair to say that many children and young people abhor getting into a car with a driver who might have taken drink. If we can, in any way, turn around the level of damage done to society by exhorting and educating people, we should do it.
The drug task forces have been a great success. There are 14 local task forces, 12 in Dublin, one in Cork and one in Bray. However, there are ten regional drug task forces, which correlate to the old health board areas. In effect, they basically cover the whole country.
I would contend that the focus is not local enough.
That is the way it has been decided and it is part of the way the drug strategy has evolved since it was initiated. It tries to target the resources as best as is possible. That was the move underlining the last drugs strategy. It may be that it will be decided to try something else in the new strategy. However, I would not agree with the Deputy that helping the drug-affected communities has slipped down the agenda. Looking at the figures, between 2003 and 2008 there has been a doubling of the funding targeted. The figure has increased exponentially in those five years from €31.5 million to €64 million, and in 2008 the community based initiatives run by the local and regional drug task forces, while the inclusion of new funding amounted to approximately €34.8 million. While my colleague, the Minister of State, Deputy John Curran, has not yet finalised his funding for 2009 for the community based initiatives, he expects the comparable figure next year to be approximately €34.4 million, equivalent to a very small reduction of €400,000 in the overall figure. That clearly shows there is a commitment to continue with the community-based response in this area. This year alone, the Minister of State, Deputy Curran, made additional funding of €1.5 million to 17 cocaine initiatives run under the auspices of some of the task forces.
A number of networking campaigns are due to commence between local and regional task forces. They are being finalised in phases of six-week periods. In October to November of this year, task forces in Tallaght, Blanchardstown, the south west — focusing on Kildare, north Dublin inner city and Dublin north east — participated in a co-ordinated campaign over a six-week period. The same will happen on 12 January to 22 February in Cork, Kerry, Waterford, Tipperary and Limerick. Phase 3 will commence on 6 April to 17 May incorporating the east coast regional task force in Bray, Dún Laoghaire, Dublin south and south east and the midlands. Significant resources are being invested but the matter will not only be dealt with by community initiatives alone, but with enforcement and through the range of issues I identified in my original submission.
I compliment the Minister and all those concerned on the significant drugs seizure in Castletownbere in recent weeks. I also compliment him on the other big seizure off west Cork, off the Mizen Head and Dunlough Bay in July of last year. It does not matter whether the seizure was due to bad weather or somebody putting diesel in a petrol engine, it is significant that persons are serving a long term of imprisonment.
Regarding the colossal drug amounts that are coming to land in the area I represent, does the Minister have any knowledge, through intelligence or otherwise, of the percentage of those hauls that were destined for the Irish market? The Minister may disagree with my view that up to 90% of the drugs imported here are destined for Great Britain or Europe eventually because the amounts involved are not in kilogrammes but tonnes.
I wish to refer to one of my hobbyhorses in a political career going back approximately 25 years. The south-west coast has some of the busiest sea traffic lanes in the world with container ships from North America, South America and Europe. It appears that, unfortunately, the south-west coast is seen as a gateway through which drugs can be transported to Europe. I acknowledge the success of the Garda, Customs and Excise and the Naval Service in the big drug hauls. The coxswain in the lifeboat that picked up the bales of drugs in Dunlough Bay was unsure whether it was in his powers to do so, as his job is to save lives rather than pick up bales of drugs, but that was probably a worthwhile exercise.
What more can be done to spread the message around the world that south-west Cork is no longer an easy touch? I was a member of the coastal management committee and I believe there are more than 250 possible landing spots from Youghal to the Dursey Sound in Cork, including small piers and harbours. I come from the Sheep's Head and I know the spot where the boats were launched for the famous Dunlough Bay episode — they never returned. I was told by an elderly man ten or 12 years ago — I am not sure whether he is still alive — that he was woken one morning at 4 a.m. by a lot of traffic coming and going from a remote pier. I have no doubt that has happened in the past.
Would it be possible to use fishermen, who are currently under pressure, and their trawlers, in a co-ordinated approach in conjunction with the Naval Service and the other agencies, in addition with the Sea-Fisheries Protection Agency, which has up to 90 members based in Clonakilty? The fishermen said publicly recently that they are regularly on the seas late at night and they see suspicious activity, but they say nothing because of the us versus them culture that prevailed hitherto, whereby the fishermen felt they were harassed by the Naval Service and other agencies. I do not suggest fishermen should go so far as to board vessels but they have admitted they have information that could be used as part of an intelligence gathering operation to stymie the influx of drugs along the coastline. If we have other significant seizures, the message will be relayed on Sky television and CNN to the boys in Colombia or north Africa that we are vigilant. That would not be before time.
There has been an increase in the use of recreational drugs in society in the past ten to 15 years. I have never seen colleagues from my profession of solicitor, or doctors or persons from the middle class or upper class before the courts for passing around drugs at an exclusive party or for sniffing a line of cocaine, yet that happens. I do not take away from the point made by Deputy Rabbitte about the task forces and the community effort but if three or four of our peers were brought before the courts for the use of drugs then we might send out the right signal.
I welcome the significant progress that has been made since 1996 through the provision of extra gardaí and seizures of drugs and guns. We are going in the right direction. However, in the interim period since the murder of Veronica Guerin there has been an alarming increase in the use of drugs in society by those in the middle class and upper class, not the less well off. I do not believe we have accurate statistics on drug use. I cannot accept that 75% of the population have never touched drugs. That is a total overestimation in that respect and I am most concerned about it.
I welcome the Minister's input to the maritime analysis operational centre in Lisbon in his current portfolio and his previous one. Can we be assured that the type of covert operation that was successful recently in Castletownbere can be continued and improved on? That is something worth considering. As Deputy Rabbitte indicated, there appears to be no abatement in the drugs scenario since 1996, if anything, the criminals and drug lords are more sophisticated. I support the proposal that the provisions be extended. They are extended until 31 December 2010. Why not make it, say, 2015? Someone suggested it should be in a permanent statute. If the date is not extended, we will be back in two years discussing this issue. I have no problem with that part of the legislation but there is no abatement in the use of drugs. This should be improved upon.
As I said in the Seanad recently, I commend the significant work the CAB has done. I offer my thanks to the Minister for his hands-on involvement in the situation in Limerick which is another black spot, unfortunately, and has seen the tragic recent death of an innocent party.
It bothers me that when the heat is on — the heat is on in Limerick at present and from time to time it is on in west Dublin and elsewhere — at the click of a finger the serious players can be in Spain, Holland or other countries where they are virtually untouchable. Is there a problem with extradition in such cases? Some of these people are very well known to the Garda authorities, the Minister and the powers that be and are serious players in the drugs trade. They have their passports ready at the drop of a hat and can take a flight out of this country — the boat takes too long for them. I suggest to the Minister that many of these people should be deprived of passports or given only a six or 12-month passport. If they have ten-year passports, they can come and go as freely as they like and can give two fingers to society, the people affected, the Government of the day, the Garda and the powers that be. The granting of passports to these people should be seriously reviewed.
I know of the recent case of a fisherman who had been involved in a relatively minor crime but because he had a criminal record he could not go to a family wedding in the United States. When he went to the Garda station to have his papers stamped, he was told the United States would not allow him in for two weeks to go to a family wedding. However, these criminals, many of them with previous convictions, can get a passport at the drop of a hat and fly the coop. They either do not come back or if they do so, they are more sophisticated, have more ammunition and are on the streets again, killing or dealing in drugs. This issue must be tackled.
I compliment the Minister but he must consider this issue. Some of these criminals have two passports. They should have none or should have one on a six-monthly basis. When Oireachtas Members get a diplomatic passport, it is usually for one year, or two at a maximum, and must be renewed. The Minister should seriously consider this matter with regard to the drug lords. It might tame them a small bit and keep them in the country where the heat can be further put on them and they can be put behind bars.
Senator O'Donovan wants the message to go out that the south west is not a soft touch. The most recent apprehension by gardaí, working with their colleagues in the MAOC, is a clear message to the wider world that Ireland, including the south west, is not a soft touch.
The Senator asked whether it can be assumed that these drugs are destined for the Irish market. While I do not want to go into the details in regard to the two cases, particularly the most recent one, the general perception is that the quantities involved were too big for the Irish market and were destined for elsewhere. The evidence from our EU colleagues is that the greater traffic to Europe of drugs from South America takes a more southerly route, mainly because the weather patterns in the crossing are easier the further south one goes.
There is also the issue of significant quantities of drugs coming into Europe from western African countries, which I raised two meetings back in Brussels. I made the point, particularly wearing my previous hat as Minister for Foreign Affairs, when I was responsible for overseas development aid, that Europe and the developed world are pumping money into Africa, including many of the states from which this trade is emanating. It is not just a matter of enforcement but of ensuring through our development aid policies that we try to equip governments of those states to build up their capability to ensure their states are not used as a base for criminals. In one instance, although I cannot remember the name of the west African state offhand, very significant issues arose with regard to the capability of the government there to police the drugs emanating from that country into Europe generally. Again, this was one of the reasons the Government decided to participate and exhorted other countries to be part of the MAOC in such a way that we could all use our own knowledge and hardware, if needs be, but particularly intelligence.
I understand the Senator's point on using fishermen. Confidential telephone lines are available for fishermen in the area to come forward with information on any suspicious activity of which they become aware. I would not in any way suggest they should get involved with any of these criminals because they are dangerous by nature. However, if they even have suspicions, they should relay them, no more than anyone else in the wider community should do so in regard to crime generally.
The experts tell us all the time that the best way of stopping these criminals is through an intelligence-led operation. The MAOC is a classic example. It involves seven countries — Ireland, the UK, the Netherlands, France, Spain, Portugal and Italy — working with Europol, the European Commission and particularly the US Joint Interagency Task Force, which is represented at observer level at the MAOC in Lisbon. Much of the intelligence is technology and satellite-led in regard to what is coming across the Atlantic and coming up from western Africa.
The Senator asked why the period should be two years. This has been the practice since the inception of the Act because of the legitimate questions that might be raised from a detention period of seven days, which is unusual in the normal criminal justice area, although in recent years we have brought in seven-day detention for some other serious crimes.
Senator O'Donovan concluded by referring to the issue of criminals being able to get out of the country. I have seen cases where criminals have used false passports to try to get out of Ireland and to get into other countries. We have the European arrest warrant, which at European level, thankfully, makes the issue of extradition much easier than it used to be when I first came into this House. Everyone remembers the battles that were fought on that issue. Consequently, it is relatively easy to get anyone from Ireland who has committed an offence in Ireland but who is resident in Spain or wherever. Obviously, one must follow the procedure through the courts but a European arrest warrant arrangement exists whereby they can be brought back.
In addition, I refer to people from Ireland who are resident elsewhere and who are engaging in nefarious activities. The Garda has officers stationed in our embassies in most of the relevant major countries. The list comprises London, Paris, the Hague and Madrid, as well as Europol, Interpol and now the Maritime Analysis and Operations Centre, MAOC. Consequently, this permanent Garda presence liaises with the security services in the aforementioned countries, as well as with Interpol and Europol. Obviously, the intelligence they gather while dealing with their colleagues in such countries will enable us to follow on by apprehending such shipments to Ireland.