John O'Donoghue
Ceist:4 Mr. O'Donoghue asked the Minister for Justice when she intends to bring forward legislation to implement the series of measures recently announced by her to combat drug trafficking. [13749/95]
Ceisteanna—Questions. Oral Answers. - Drug Trafficking.
Work on the drafting of a Criminal Justice (Drug Trafficking) Bill is receiving top priority in my Department and I expect to introduce the measure this session. I should also mention that sections of the 1994 Criminal Justice Act which provide for the designation of certain Naval officers as enforcement officers for the purposes of the Act are expected to be brought into force shortly to enable these officers to have power to stop, board, search and arrest in relation to drug trafficking at sea.
Is the Minister concerned that the recent announcement by the Minister for Finance relating to ceilings on public expenditure will impact adversely on the implementation of the measures as announced by her?
I am satisfied that the multifaceted package I announced in July will be able to go ahead. Already much progress has been made on a number of the other non-legislative programmes. These include the operational and organisational changes required to make the different forces more efficient and more effective, for example, better co-operation between the Garda Síochána, the Revenue Commissioners, Customs and Excise and the Navy. These are operational changes which will not suffer from cutbacks in resources. Practical work is already under way to improve liaison between the Garda Síochána and Customs and Excise and facilitate the creation of a joint task force. I do not believe there will be any damage to these proposals.
Is the Minister aware that there is a perception among the community that the Revenue Commissioners are zealous in collecting tax from ordinary taxpayers but not in investigating certain people who have made considerable sums of money from trafficking in drugs?
This criticism has been made. That is why better co-operation between the Garda Síochána and the Revenue Commissioners is included in the package. Even as we speak, they are meeting to bring proposals to Government by November on how better to operate the two systems. Despite criticism of the Revenue Commissioners, they are still bound, as in any other criminal investigation, to provide evidence in order to bring a prosecution. It is not simply a case of knowing about somebody having considerable assets and getting tax from them. They must also have evidence that the money was ill-gotten if they want to bring a criminal prosecution.
I wish the Minister well in her task of preventing the importation of illicit drugs with her quite elaborate set of proposals. International figures suggest that no matter how much money one throws at the issue, one may only stop 5 per cent of the total importation of drugs into any country. Would the Minister agree that those figures stand up? If so, would she agree that steps other than those envisaged in the new legislation will need to be taken?
I cannot comment on international figures when I have no information about how they were gathered. I agree with the Deputy that, despite this package of measures, people who want to get drugs through will manage to do so without detection. The package I brought forward is not just a single issue package to try to stop drugs being imported. It also involves health and education to tackle the use and abuse of drugs, targeted particularly at our young population who might be seduced by their peers into trying drugs. It is to ensure that we tackle the problem from all sides that the Minister for Education, Deputy Bhreathnach and the Minister for Health, Deputy Noonan, are involved.
Under the money laundering Bill there is an onus on the Revenue Commissioners to seek to establish where drug barons got their large properties. Would the Minister accept that there is a legal onus on the drug barons to prove where they got their extensive properties and large sums of money?
The Revenue Commissioners are a tax collecting body. If they have information to the effect that somebody has large amounts of income on which they are not paying tax, they must go after that and get the tax on it. It is to close the information gap that the Garda Síochána and the Revenue Commissioners are having discussions.
In the context of the legislation being prepared to deal with drug traffickers, has the Minister considered changing the rule regarding the right to silence to enable a court to take an inference from the silence of a suspected drug trafficker?
The Deputy is raising another matter.
If the Deputy tables a separate question on that matter I will give him the information he requires. The main elements of the drug trafficking legislation will cover the seven day detention and the extension of search warrant power to Garda superintendants. I am also considering other legislative changes that may be required to give increased powers to customs officers who will now be allowed to be present when gardaí are questioning a suspect.
Even if changes were introduced regarding the right to silence, corroborating evidence would still have to be produced, rather than merely the fact that a person did not answer questions. There are already circumstances in which gardaí can draw inferences from people remaining silent, but I am not considering proposals in that regard under the present legislation.
I am sure the Minister has congratulated the gardaí on their recent success in seizing ecstasy. Does she intend introducing new regulations regarding licences for holding rave dance events which are related to the use or abuse of ecstasy, having regard to the death of a constituent of mine from such abuse?
I have congratulated the gardaí on many occasions for their effective finds of ecstasy in the past six or eight months.
I have indicated that the law relating to pub and dance hall licences is antiquated, having been introduced in 1935. I do not believe any Member was attending dances at that time when they were very different from today. Members may not be aware that licences are granted to pubs and dance halls to hold dances or raves in September each year and that there is no provision for the gardaí to intervene until the following September. That is wrong. Even if the gardaí find drugs on a premises they cannot revoke the licence. I have indicated to the gardaí that during the month of September I want them to vigorously oppose granting licences to the proprietors of premises where there is evidence that drugs are being sold or used on them. A dance hall owner is at present serving a sentence having been prosecuted for allowing drugs to be sold on his premises.
The 1935 law is antiquated and I am considering changing it. If possible I will try to introduce the necessary changes by way of ministerial order to speed up the process rather than having to introduce additional legislation.