I move:
That Seanad Éireann resolves that section 8 of the Criminal Justice (Amendment) Act 2009 (No. 32 of 2009) shall continue in operation for the period beginning on 30 June, 2014 and ending on 29 June, 2015.
Criminal Justice (Amendment) Act 2009: Motion
The resolution will provide for the continuation in operation of section 8 of the Criminal Justice (Amendment) Act 2009 for a 12-month period beginning on 30 June 2014. Let me remind the House of the background to the 2009 Act. It was a response to a number of difficulties that were being experienced and circumstances in which the entire justice system was under serious threat. Organised criminal gangs were behaving as though they were untouchable by the gardaí and the courts. The House will recall certain dreadful crimes where the gangs involved acted in a way that portrayed their willingness to undermine the very operation of our criminal justice system. Hand in hand with the disregard for human life was the intimidation of whole communities to prevent people co-operating with the forces of law and order to bring these thugs to justice. If these people were prepared to intimidate witnesses, why would anyone believe they would not also intimidate jurors?
It was imperative for the Government, and the Oireachtas, to take the steps necessary to ensure the criminal justice system was robust enough to withstand the assault that was launched upon it through intimidation of and violence towards witnesses and jurors. The measures contained in the Criminal Justice (Amendment) Act 2009 were designed to tilt the balance firmly in favour of the rule of law and justice and instil confidence in all that criminal gangs were not going to be permitted to frustrate criminal investigations or prosecutions of their activities.
The Act provides for a limited number of specific organised crime offences to be prosecuted in the Special Criminal Court. The proposal to use the Special Criminal Court for a limited number of organised crime offences removed the possibility of jury-tampering or the intimidation of jurors. Therefore, the purpose of section 8 is to ensure organised criminal gangs cannot interfere with the criminal process to determine the outcome of cases. To this end the section declares that the ordinary courts are inadequate to secure the effective administration of justice and the preservation of public peace and order in regard to certain offences. The offences in question are the organised crime offences under Part 7 of the Criminal Justice Act 2006. In brief, they concern the following: directing the activities of a criminal organisation – section 71A of the Criminal Justice Act 2006; participating in or contributing to certain activities of a criminal organisation – section 72; committing a serious offence for a criminal organisation – section 73; and liability for offences committed by a body corporate – section 76.
Section 8 of the Criminal Justice (Amendment) Act 2009 makes these scheduled offences for the purposes of Part V of the Offences against the State Act 1939. While this means that the Special Criminal Court will hear prosecutions for the offences in question, the Director of Public Prosecutions may still exercise her power to direct that the offences should be tried in the ordinary courts. Permitting the DPP this discretion maintains the fundamental balance in deciding which cases are appropriate to be tried in the Special Criminal Court.
A further bulwark in maintaining this balance is set out in section 8(4) of the 2009 Act which provides that the section shall cease to be in operation unless a resolution has been passed by each House of the Oireachtas resolving that it should continue in operation for a further period to be decided by the Oireachtas. In order to assist the House in considering the motion on the continuation of section 8, section 8(6) provides that before a resolution is passed, the Minister for Justice and Equality must prepare a report, which shall be laid before both Houses, on the operation of the section in the period under report. The report, covering the period from 1 June 2013 to 31 May 2014, was laid before both Houses on 16 June 2014. It provides considerable detail on the operation of the legislation. In all, there were 29 arrests under the relevant provisions. Charges have resulted in a number of these cases including charges in respect of murder, possession of firearms, burglary and the handling of stolen property.
The Act has been in operation for almost five years. While there have been arrests under the relevant sections of the Criminal Justice Act 2006, no cases have yet come before the Special Criminal Court in accordance with section 8. This does not, however, invalidate the reasoning for having such a provision available for use in appropriate circumstances. Rather, the use of the Act to date serves to highlight the considered approach of the DPP. The reasons for which the Government seeks the renewal of section 8 are clear. Organised crime continues to present a significant law enforcement issue with a number of criminal gangs continuing to engage in serious crimes. There is, unfortunately, stark evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Since 2009, there have been 68 murders linked to organised crime. We are also faced with the reality of growing and inextricable links between paramilitary groups and organised crime. It is clear that age is no barrier to becoming a victim of gun crime. Witness, for example, the appalling shooting of a six year old child in Ballyfermot last Friday. The House will share the Minister's revulsion and that felt by the population as a whole in the wake of this dreadful act. The Minister, Deputy Fitzgerald, appeals to anyone who has information which could be helpful to gardaí to pass it on immediately.
In the report to the Minister on the operation of section 8, the Acting Garda Commissioner expresses the clear view that the provision will be required for some time to come. The Minister must have the utmost regard for the views of the Garda authorities in matters such as this. The Acting Commissioner has the Government's full support in tackling these scourges of society. In all the circumstances, the Minister considers that it is necessary to continue section 8 in operation for a further period of 12 months from 30 June 2014. I commend the motion to the House.
I rise to express the support of Fianna Fáil for the motion. Section 8 is a very important section of the 2009 Act. I was delighted to be a Member of the Oireachtas which passed the Act. We received the support of Fine Gael at the time, although there was some dispute among the Opposition. Most elements of the political system supported the legislation.
Gangland crime is a serious problem in Ireland. While the right to a trial by jury is generally a fundamental one in the common law world - the system of Government that comes from the British - it is not universal throughout the democratic world. Certainly, it is not that common on the Continent. It is something we value hugely - certainly I do - but it is not unusual in democracies to have non-jury trials. The Special Criminal Court is the suitable forum to try cases of serious organised crime, including the directing of a criminal organisation, participating in its activities, facilitating an offence by one or committing an offence on its behalf. I do not see the argument against it. We are asking jurors, who are our fellow citizens, to take huge risks with their lives and for their families where these cases come before the ordinary courts. The ordinary courts are not suitable. I do not see the controversy in using a Special Criminal Court in these cases. It is, in fact, the logical and practical thing to do and it is not out of step with the rest of the democratic world. The jury trial is not universal, notwithstanding that I do support it, as I have said.
Part of this debate today is that we must send a message from the Houses that we are united on the prosecution of these offences. I also appeal to the Government to consider Garda resources. Garda numbers are falling in many stations and we do not have a dedicated gun crime unit in west Dublin. While the legislation is crucial, we must look at the resourcing of An Garda Síochána and see how capable it is of dealing with these crimes and how capable its vehicles are of driving to the scenes of these crimes and chasing after these serious criminals. There is a great deal of information in the public domain suggesting that gardaí are not properly resourced at the moment. We support the Minister in every effort she makes to secure funding from her Cabinet colleagues, in particular the Minister for Public Expenditure and Reform, to ensure the legislation is matched with appropriate resources.
We will support this 100%. Any support we give to allow a division to take place is simply to allow such division to take place, in case there is any confusion as there was on the last occasion.
I welcome the Minister of State back to the House. This is a very important provision in legislation and I would like to see it receive unanimous support.
We have all seen the horror of organised crime in this country. A county next to my own - Limerick - is a place in which gardaí have done an enormous job dealing with organised crime. They have been able to use the relevant provisions to bring people to justice. My own county has been affected by some of the organised crime that has taken place in Limerick over the years. Events last weekend where a six year old child was caught up in a shooting incident appalled the nation. I reiterate the call by the Minister of State, Deputy John Perry, on behalf of the Minister, Deputy Fitzgerald, for anyone with information to come forward. It was one of those crimes that showed us the need to do everything we can to protect people who are prepared to give evidence.
Juries are part of a modern democracy and a modern justice system. Unfortunately, when jurors are intimidated, as has happened, other actions must be taken.
Until such time as organised crime ceases to be a threat to the citizens of this country, this measure is imperative. I have every confidence in An Garda Síochána in dealing with organised crime. It has already had significant success in Limerick. I have absolute confidence that it will get on top of the scourge of organised crime in Dublin as well but it needs our assistance. We can assist it in this House by supporting this measure because it is obviously deemed necessary as part of the suite of measures to tackle the scourge in urban and rural society.
There is no question that we all share the Minister of State's revulsion at some of the heinous crimes described here. They are being perpetrated by hardened criminals in this State who need to be dealt with. That in itself cannot justify this type of legislation. It is a sad reflection on a Government or State when it must admit-----
Is this for real?
Senator Ó Clochartaigh without interruption.
Without any exasperation.
When Senator Gilroy is finished on Twitter. It is a sad reflection on a Government or State when it must admit that its courts are unable to deal with individuals involved in organised criminal activity. In such circumstances-----
Is this a parallel Senate? Is it parallel to any normal democracy?
Senator Ó Clochartaigh without interruption.
In such circumstances, the State in question has failed to deal with issues like jury intimidation and witness protection. If we are serious about dealing with organised criminal gangs, we must put resources in place. For example, we should not be closing rural Garda stations. The Minister will say that this is just one aspect of the matter. However, if we are serious about tackling organised crime, we must ensure financial resources are invested in front-line services and manpower. If this means that the public service recruitment embargo has to be lifted, so be it.
I have no doubt that people involved in organised criminal activity see the introduction of legislation to ensure they are tried before a special court as an admission of failure. In other words, it means the State has failed to provide protections and safeguards to people who serve on juries. However, the Special Criminal Court is the wrong way to go. This is not to flippantly disregard the activities of the criminal gangs. We understand that they cause misery and hardship. We know they destroy whole communities, murder, maim and have no regard for law and order. However, if we examine best international practice, we see that other countries have found more effective ways of dealing with organised criminal gangs that do not involve draconian institutions like the Special Criminal Court. There are better ways of dealing with this issue that do not contravene basic human rights such as the right to a trial by jury and which are far more effective in the real and ideological struggle against organised crime. Ar an mbunús sin, beidh muid ag cur i gcoinne an leasaithe áirithe seo agus beidh muid ag brú vóta ar an gceist.
I welcome the opportunity to speak on the review of section 8 of the Criminal Justice (Amendment) Act 2009. Let us be clear about what section 8 does. It provides that certain offences under Part 7 of the Criminal Justice Act 2006 - offences specifically dealing with organised crime under sections 71(a), 72, 73 and 76 - would be regarded as scheduled offences and that, therefore, the DPP may send the offences forward to the Special Criminal Court. In fact, the section has not been used. No cases have been sent forward to trial in the Special Criminal Court in accordance with section 8 in the period under report nor indeed for the previous 12 months because I looked back at our discussion of this last year. However, there have been a number of arrests made under those sections. There has been one arrest under section 71(a), which deals with directing the activities of a criminal organisations. There have been 13 arrests under section 72, which concerns participating in or contributing to activities of a criminal organisation. There have been 15 arrests under section 73, which concerns committing an offence for a criminal organisation. Those offences were specifically introduced to deal with the very serious threat and scourge of organised crime. Others have referred to the really heinous shooting of a six-year-old child in Ballyfermot last week but there are other equally horrific incidents about which people have spoken.
It was part of a package of measures introduced in 2006 and again in 2009 but it is worthy of note that the DPP has not operated the section. An Garda Síochána and the acting Garda Commissioner have asked the Minister to keep the provisions in operation for the next 12 months. I very much welcome the fact that we will be able to review it in 12 months time because a jury trial is a fundamental right but there may be very specific incidences where we may see the sort of exceptions or the possibility of the exception being put in place even though it has not been used yet.
We all very much hope that if the threat recedes, the section will not remain in force. I wonder if Sinn Féin were in the next Government, this provision was still in force and the threat of organised crime remained, whether it would take a different view in a 12-month review of section 8 of the 2009 Act.
It would nationalise organised crime.
What was Labour's position in opposition?
I think colleagues may deduce for themselves what position Sinn Féin would take.
Is any other Senator contributing?
I am absolutely perplexed and amazed. Words fail me when I see a party that purports to be a democratic party offering some sort of sympathy to these organised thugs. I suppose it was not that long ago that many of these thugs were fellow travellers of the same party. I can point to some-----
On a point of order, the Senator is casting aspersions on our political party and he should withdraw that statement unless he can back it up with facts.
That is a political charge.
He should spend less time on Twitter and more time doing a bit of research.
I am glad that my social media strategies work. It is rather remarkable. A six year old boy is lucky to be alive after being shot by absolute thugs in Dublin during the week. How are we going to prosecute people who carry out these crimes? What is the way to prosecute them if they are likely to shoot a child or intimidate juries? Our friends on the Opposition bench offer some comfort to these people. This is nonsense. I will not get political about it but it is hardly surprising to find an attitude like that in a party whose leader can be legitimately questioned about a murder but who cannot be questioned by anyone in his own party about it.
On a point of order, I call on the Senator to retract that statement.
It is a matter of fact.
What facts? Has Senator Gilroy got the facts to back it up?
He was questioned on suspicion of murder.
Has he been charged?
Could we stick to the subject matter?
He has been questioned on suspicion of murder.
Has he been charged?
When did I say he was charged? I said he was being questioned.
I call on Senator Gilroy to withdraw that statement immediately.
The leader of my colleague's party was questioned on suspicion of the murder of Jean McConville. That is a well-known fact. Nobody can argue that point.
I would like the Acting Chairman to rule on that. On a point of order-----
There is no point in asking me to withdraw the statement.
Will the Acting Chairman rule on the point of order? I think Senator Gilroy should retract that statement. He has absolutely no basis to make the accusation he has made about the leader of our party. It is totally out of order and an obvious slur because his own party and the Government are not dealing with the issues at hand regarding organised crime. He is using all kinds of accusations that are without basis.
Senator Gilroy did not make a charge. He stated a fact but I would urge him to stick to what we are discussing.
It would be remiss of me to stray from the point. I need to put on the record that we are supporting the legislation. Any civilised country would take the most severe action against people who disregard the law and put citizens' lives at risk.
Are there any other contributions?
Without this legislation, actions by organised criminals to subvert our democratic principles and criminal justice system will certainly go unanswered. No responsible Government could stand aside and allow murderous gangs to dictate how our criminal justice system should operate. It is the height of irresponsibility to act otherwise.
I wish to express my gratitude to the House for passing this motion. As I have said, the individuals involved in organised crime are desperate people who will stop at nothing to avoid being brought to account for their crimes. It is incumbent on us to ensure that An Garda Síochána has the requisite powers at its disposal to bring these people to justice. The passing of this resolution demonstrates the resolve of the Oireachtas to ensure that this remains the case.
In the end, the only effective way to combat organised crime is by disrupting and prosecuting those involved in its operations, especially the drugs trade, which is at the heart of much of its profits. Substantial efforts by An Garda Síochána and Customs and Excise are therefore devoted to damaging this lucrative business. Week in, week out, gardaí are making arrests and bringing persons before the courts, with substantial sentences being handed down in many cases. Homicide rates and related gun crimes continue to be monitored closely by senior Garda management with a view to putting in place appropriate initiatives to target this specific type of criminality. An Garda Síochána has ongoing operations to tackle and dismantle serious and organised crime. Investigations continue to be actively progressed under the daily supervision of local Garda management, supported by gardaí attached to the specialised national units.
Question put:
The Seanad divided: Tá, 31; Níl, 2.
Tá
- Bacik, Ivana.
- Barrett, Sean D.
- Brennan, Terry.
- Burke, Colm.
- Byrne, Thomas.
- Comiskey, Michael.
- Conway, Martin.
- Cummins, Maurice.
- D'Arcy, Jim.
- D'Arcy, Michael.
- Daly, Mark.
- Gilroy, John.
- Hayden, Aideen.
- Healy Eames, Fidelma.
- Keane, Cáit.
- Kelly, John.
- Landy, Denis.
- Leyden, Terry.
- MacSharry, Marc.
- Moloney, Marie.
- Mooney, Paschal.
- Mullen, Rónán.
- Mullins, Michael.
- Naughton, Hildegarde.
- O'Neill, Pat.
- Ó Domhnaill, Brian.
- Sheahan, Tom.
- van Turnhout, Jillian.
- Whelan, John.
- Wilson, Diarmuid.
- Zappone, Katherine.
Níl
- Ó Clochartaigh, Trevor.
- Reilly, Kathryn.
Tellers: Tá, Senators Aideen Hayden and Michael Mullins; Níl, Senators Trevor Ó Clochartaigh and Kathryn Reilly.
Question declared carried.
When is it proposed to sit again?
It is proposed to sit again at 2.30 p.m. on Tuesday, 24 June 2014.