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 30th June, 2013 and ending on 29th June, 2014."
Criminal Justice (Amendment) Act 2009: Motion
I call the Minister of State.
The motion provides 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 2013 and ending on 29 June 2014. This 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 2013.
I will briefly remind the House of the background to the 2009 Act, lest anyone believes that it was an over-reaction to a non-existent threat. At the time there had been an increase in the level of organised crime. Organised gangs had shown a particular ruthlessness in their activities, including attacks on witnesses and intimidation of jurors. As a result, gardaí were encountering difficulties in persuading people to give assistance in their investigations. The complete disregard which these gangs showed for human lives threatened to subvert the entire justice system. In the circumstances, it was imperative that the Government and the Oireachtas take the necessary steps to ensure that the criminal justice system was robust enough to withstand the assault which was launched upon it through intimidation and violence of 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 everyone that criminal gangs were not going to be permitted to frustrate criminal investigations or prosecutions of their activities. In view of the very real threat which these gangs posed, the Act provided 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 tampering with juries or intimidation of jurors.
The purpose of section 8 is to ensure that 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 relation to certain offices. The offences in question are the organised crime offences under Part 7 of the Criminal Justice Act 2006. Briefly, these offences are: directing the activities of a criminal organisation covered under section 71A of the Criminal Justice Act 2006; participating in or contributing to certain activities of a criminal organisation covered under section 72; committing a serious offence for a criminal organisation covered under section 73; and liability for offences committed by a body corporate covered under 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 his power - I use the word "his" because the current officeholder is a man - to direct that the offences shall be tried in the ordinary courts. I believe that permitting the Director of Public Prosecutions 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 provided in section 8(4) of the 2009 Act. It 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. As I have said, that is the purpose of moving this resolution.
In order to enable the House to assess the need for the continuation of section 8, subsection (6) provides that before a resolution to continue section 8 in operation is passed, the Minister for Justice and Equality must prepare a report, which shall be laid before both Houses of the Oireachtas, on the operation of the section in the period under report. The report, covering the period from 1 June 2012 to 31 May 2013, was laid before both Houses on 17 June 2013.
The Minister's reasons for seeking 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, plenty of evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Given the nature of organised crime, the investigation and prosecution process can be lengthy and difficult. This is particularly so given the insidious power that criminal gangs hold over their members and, regrettably, within the communities in which they live.
The 2009 Act has been in operation for more than four years and, 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 reason for having such a provision available for use in appropriate circumstances. Let us be clear: if criminals are prepared to take human life, they are quite prepared to subvert the system of Government. Accordingly, there is a necessity for legislation that anticipates the possibility. There is a responsibility on the Minister, the Government and the Houses to ensure that the criminal law contains appropriate provisions to ensure the effective administration of justice by the courts.
The use of the Act to date also serves to highlight the considered approach of the Director of Public Prosecutions. It vindicates the way in which the provision is constructed, allowing the director to exercise her discretion to direct that cases be tried in the ordinary courts. In his report to the Minister on the operation of section 8, the Garda Commissioner is of the clear view that the provision is likely to be required for some time to come. The Minister for Justice and Equality must have the utmost regard to the views of the Garda authorities in matters such as this. It is absolutely essential to ensure that the Garda has at its disposal the best possible range of powers to face up to organised criminal gangs.
In the period under report, there have been a total of 41 arrests under the relevant provisions of the Criminal Justice Act 2006. One arrest was made under section 71A, directing the activities of a criminal organisation; 35 were made under section 72, participating in or contributing to certain activities of a criminal organisation; and a further five arrests were made under section 73, committing an offence for a criminal organisation. Charges have resulted in 12 of these cases for a variety of criminal offences, including aggravated burglary, vehicle theft, arson and handling of stolen goods, and the Director of Public Prosecutions has directed further charges of extortion in two cases.
Eight individuals have been charged since the commencement of the 2006 Act, two under section 71A, directing the activities of a criminal organisation, and six under section 72, participating in or contributing to certain activities of a criminal organisation. Three individuals have been convicted under section 72 and have received sentences of three years in one case and nine years in the other two cases. This includes the two individuals originally charged under section 71A. Five other charges under section 72 - participating in or contributing to certain activities of a criminal organisation - were subsequently withdrawn by the Director of Public Prosecutions. However, four individuals were convicted of conspiracy to rob and subsequently received custodial sentences of between two and five years' duration. One other individual was convicted of offences under the Misuse of Drugs Acts 1977 and 1984 and received five years in prison.
The Garda authorities devote considerable resources from across the Garda organisation to their efforts to tackle organised crime, and they deserve our praise for the successes they have had against a number of those involved in these criminal gangs. Furthermore, the Commissioner has made it clear time and again that there will be no let-up in the action taken against these gangs. He has the Government’s full support in that approach. To be blunt, the individuals involved in organised crime are ruthless people who will stop at nothing to avoid being brought to account for their crimes. Violence and intimidation are a way of life for these people. We - that is, the Government and the Oireachtas - have a duty to make sure the criminal justice system is equipped to prevent them from undermining our core values. To that end, we must ensure that in the most serious of cases, where jury intimidation is a real possibility, the law has a means available to bring serious criminals to account.
On balance, the Minister considers it is necessary to continue the operation of section 8 for a further period. As I have said, the period now proposed will run for 12 months from 30 June 2013 until next year. I commend the motion to the House.
The Fianna Fáil party strongly supports the extension of the powers contained in the motion. I would prefer if we did not need a Special Criminal Court to hear cases but, unfortunately, we do.
During the last debate we discussed the ongoing threat posed by dissident terrorist groups in this country. The scale of gangland crime that is evident in Dublin and other cities is frightening. Last year there was a 35% increase in gang-related murders, with 11 murders in 2011 and 15 murders in 2012. Unfortunately, we need these systems. The Garda needs to apprehend these criminals and we need an effective courts system.
As the Minister of State has rightly pointed out, the background to the legislation is the 2009 Act. The collapse of the Keane trial in Limerick proved that gangland criminals will go to every possible length to avoid prosecution and will intimidate ordinary decent jurors and witnesses. People took an immense risk to carry out their civic duty only to be intimidated out of participating following threats to themselves and their families. That threat is ongoing and, therefore, we need the most effective system possible.
Gangland crime is a particular issue in my area of north Dublin and I have seen the effect that gang-related murders have on a community. There was a great sense of fear when Alan Ryan was shot dead in broad daylight in Clongriffin. Anybody could have been walking by with their children when the shooting took place. It was the same for the murder of Eamon Kelly in Clontarf. These crimes affect the entire community and create a sense of fear. People need to know that when the Garda and the prosecution service catch the people responsible the case will not collapse and that people cannot intimidate jurors in order to avoid a trial. It is for that reason that the legislation was essential when it was first introduced by Fianna Fáil, but we now need an extension.
As far as I understand, all parties except Sinn Féin will support the motion tonight. I am not surprised that the party is unsupportive given its past history and involvement in terrorist activities. That is the reason it has always been opposed to the use of the Special Criminal Court.
May I interrupt with a point of order?
Yes, on a point of order.
I do not think the Senator has evidence that Sinn Féin was involved in terrorist activities.
Sorry, I will say "endorsement of" terrorist activities in this country in the past and a very close connection, deep and personal relationships, between people involved in the Sinn Féin Party and terrorist groups in the country that led to the deaths, as pointed out earlier in our discussion of the previous motion, of innocent civilians, innocent members of the Garda Síochána and innocent lives taken, North and South, over an extended period. It is not surprising that Sinn Féin opposed the last motion to extend the Act on terrorist-related crime. I do find it extraordinary that Sinn Féin would oppose the use of the Special Criminal Court to tackle gangland crime. On the one hand, Sinn Féin representatives in north Dublin and other areas have strongly condemned gangland activities in their local areas, but on the other, the party's national representatives have come in here and voted against legislation that is absolutely necessary.
The legislation does nothing to tackle gangland crime.
The legislation is necessary to prevent the collapse of trials such as the Keane trial, in which gangland criminals intimidated people to avoid paying for what they did. As I said, I wish we did not need a Special Criminal Court, but we do. Therefore, it is incumbent on all of us, as legislators, to ensure we have the most effective criminal justice system possible and to give the Garda the personnel, equipment and everything else it needs to fight these crimes.
Like the Senator, I welcome the motion, although it is unfortunate that we need such legislation. The Minister of State, whom I welcome, mentioned some interesting facts in her contribution. Earlier she outlined how many people have been arrested using the powers that we will renew tonight. She also listed the number of prosecutions and pending prosecutions. If the legislation was not needed there would be no prosecutions, but there are prosecutions, so the legislation is needed. That is plain and simple.
Gangland activity has reached an appalling level.
The only way we can have some control over it is by enabling and empowering the judicial system and the police force to deal with it. Crime gangs are running amok in parts of this city. They were in parts of Limerick, but the authorities there, all credit to them, are dealing with the issue. It is shocking to turn on the news early some morning or at tea time and discover another gangland murder or double murder has taken place. This is becoming too frequent and needs to be dealt with head on. If the Garda Commissioner were to recommend to the Minister for Justice and Equality and the Minister were to recommend to the House that we introduce more stringent powers, I would be the very first to support this. Rights bring responsibilities and until we get this very serious problem under control, areas of this city will continue to be no-go areas.
Parts of the city are ravaged by drug abuse; poor unfortunate victims are drug addicts because of the greed of these gangs. They are not happy to make hundreds, thousands or millions of euro, they want to make billions. We are dealing with absolute greed and they will stop at nothing. They would kill their own families to amass wealth. We got a glimpse of this in last year's award winning RTE series "Love/Hate". We got a glimpse of the absolute brutality and savagery of the people involved who have no regard for authority or the Government. If they thought they would get away with shooting the entire Cabinet and Opposition, they would do it. We are dealing with very dangerous people and need to deal with them accordingly.
I would never question Senator Trevor Ó Clochartaigh's personal motivation in taking a position on anything, but his party is probably a little misguided on this issue. A number of Sinn Féin activists are very committed to dealing with what is going on in this and other cities and trying to eliminate drug dealing and the masses of money being made. This legislation empowers them and the Garda in trying to achieve what they are motivated to achieve. Senator Averil Power is correct that it is appalling that we still need the Special Criminal Court but we do. As long as we do, the Oireachtas has a responsibility to ensure the Garda and the judicial system have the necessary powers to deal with this issue. It is not that long ago that a journalist was murdered for trying to expose the people concerned and that could easily happen again. On that sombre note, I hope the motion will receive unanimous support.
Cuirim céad fáilte roimh an Aire Stait. Arís, tá an-áthas orm a bheith in ann seasamh anseo le seasamh Shinn Féin a léiriú ar an cheist seo. It is hilarious that Fianna Fáil and Fine Gael Members are trying to put forward what they see as the Sinn Féin stance on this issue. They are totally off the wall in representing where we stand on it. That does not surprise me because their stance on civil rights issues during the Troubles in the North left much to be desired. They were not as quick to stand up for the civil rights of citizens of the North when they needed to do so. It has been said organised crime remains a significant issue in the State and Sinn Féin is and has been very much opposed to it. It is worth reflecting on the damage it does to communities and people bereaved by crime. We are all familiar with its effect on communities in our constituencies. Very often, crime thrives where there is disadvantage and poverty. The increase in severe disadvantage owing to the Government's policies of austerity is of concern in that regard; however, that is a matter for another day. It is sufficient to say it is the less well-off who are most blighted by the actions of criminals, many of whom have no respect for law and order, on which we are all agreed. However, that is no excuse for the abuse of human rights, which is what the renewal of this legislation is about. That is where we have a fundamental issue with the legislation and let no one misrepresent us on that point.
Where are the abuses?
I will outline them for the Senator, if he will let me.
Will the Senator give specific examples?
Senator Trevor Ó Clochartaigh to continue, without interruption.
The Criminal Justice (Amendment) Act is wide open to abuse. It has a corrosive effect on human rights, citizens' rights in particular. As I stated previously, the right to a fair trial is guaranteed under Article 38 of the Constitution and Article 6 of the European Convention on Human Rights. There is a growing consensus that the Special Criminal Court should be done away with. The Irish Council for Civil Liberties and the United Nations Human Rights Committee have both expressed their concern at its continuing existence. As regards the renewal of section 8 of the Criminal Justice (Amendment) Act, it is intended to allow the trial of serious criminals by the unnecessary Special Criminal Court.
I am, to some degree, surprised that the Government is not even a little embarrassed in bringing forward this legislation, particularly given the report published. It states, "While a number of arrests were made under sections 71(a), 72 and 73, no cases have been sent for trial by the Special Criminal Court”. For the second year in a row the provision has been proved to have been of no use whatsoever, yet the Government insists on retaining it as an article of faith. In addition to being blind to the dangers of non-jury trials, it is clear that it is utterly immune to reason or evidence. It is clear that the powers and provisions on the criminal law books are more than sufficient for the purposes the Government suggests. This Act is being retained, despite the poor rate of convictions, merely for trawling and information gathering. This is an abuse of emergency powers ill-fitting a modern democracy.
The Leader of the House had the audacity to call us in Sinn Féin mealy-mouthed. His defence following months of cuts to Garda and support services is mealy-mouthed. That is the real issue.
On a point of order, I have asked the Senator for specific examples of breaches of human rights.
That is not a point of order. The Senator should, please, resume his seat. We are operating to a time schedule.
Senator Martin Conway should contact the Irish Council for Civil Liberties which will point him in the right direction. The Government would be better off in tackling crime by reversing its closure of almost 140 Garda stations, the 10% cut in the number of Garda personnel and the loss of hundreds of Garda vehicles, as well as ensuring the Garda fleet is up to scratch and the serious crime and white collar crime bureaux are adequately resourced, not by retaining this repugnant provision. Last week I was present at a presentation by Women's Aid. The Minister is aware of its annual report. Women's Aid was damning in its criticism of conditions in Dolphin House, for example, where people involved in family law cases are in a desperate situation. That issue needs to be tackled.
Sinn Féin made a wide range of realistic and potentially effective proposals for tackling serious crime in our document, Policing with the Community, in 2009. These urgently required measures include an expedited and far-reaching process of civilianisation to free up fully trained gardaí from administrative and other duties to fight crime; increased funding for Garda drugs units, with an enhanced community input into their use and priorities and independent oversight of informer handling practices to prevent situations from developing where individuals with a relationship with gardaí are allowed to amass a criminal empire; enhanced Garda visibility and activity in areas experiencing chronic drug problems; and the provision of more sniffer dogs.
We fully recognise that the vast majority of serious crime is drug-related. Therefore, we have also compiled and submitted to the Government detailed proposals aimed at maximising both demand and supply reduction measures.
I urge the House to vote against the renewal motion and demand that the Government properly resource the agencies involved in the fight against serious crime. I stand here with a mandate which it is important to recognise. If Fianna Fáil, Fine Gael and the Labour Party are as strong in the views as they have expressed tonight, perhaps in the next general election in the Six Counties they might put up some candidates there.
One never knows.
I welcome the Minister of State, Deputy Kathleen Lynch, and express support for the renewal of section 8 of the Criminal Justice (Amendment) Act 2009. It is helpful to have this review every year. It is important that the Oireachtas continue to keep these matters under review. As I said in the earlier debate on the Offences against the State (Amendment) Act, I declare an interest, having appeared in the Special Criminal Court in the past to represent defendants. Echoing some of what Senator Trevor Ó Clochartaigh said, we need to ensure there is a balance in the use of this court. Many of us regret that there is a continued need for it. However, it is hard to take lectures from Sinn Féin as a defender of civil rights, particularly in Northern Ireland. The families of Jean McConville, the disappeared and the victims of other IRA atrocities might have a difficulty with that contention.
The Minister of State has given us figures for the numbers of arrests and prosecutions, etc. It is of concern that no cases have yet come before the Special Criminal Court in accordance with section 8 since operation of the Act commenced four years ago.
No case has come before the Special Criminal Court pursuant to section 8 since the Act came into operation four years ago. It is fair to say it is a matter of concern. We must be very clear about it next year if a motion comes before us to continue the relevant sections in force. We will need to query why the sections should remain in force. Having said that, it is a matter of some comfort that the DPP has taken the view using her discretion as an independent officer of the State, that there has been no need to use section 8 to try organised crime offences before the Special Criminal Court. Clearly, she believes the ordinary courts are sufficient to deal with those cases in which she might have considered the exercise of her discretion. It is not that we want section 8 to be utilised but we must keep it under scrutiny and question the rationale behind its continuance in force. That is the role of the Oireachtas and the reason we are here. It is an important function of which we should remain cognisant.
I welcome the Minister of State to the House. This is very significant legislation and I am pleased to support the motion.
It is unfortunate that we need to continue to extend the legislation, but we have a serious problem with organised crime and gangland murders. Senator Power spoke at length about gangland crime in Dublin. There is no doubt that there is little respect for life among those criminal elements. We have a serious difficulty with violence and intimidation in organised crime. I am disappointed that Sinn Féin opposes the motion. I hear what Senator Ó Clochartaigh is saying about human rights, but where are the human rights for those innocent young people who are taken to the Wicklow mountains and shot in cold blood because they have failed to obey the orders of their criminal masters or delivered the goods? What of the rights of gardaí who are trying to protect citizens and are shot in cold blood, as we saw in County Louth quite recently?
As well as the awful murders in Dublin, we see down the country that organised criminal gangs have created havoc in local communities. They terrorised people in their businesses and homes. We must put the deterrence in place to ensure we have a system which is so tight that they are just about allowed to breath. We must stand together on this. We have elements of criminal activity which have devastating effects on commerce. We have seen huge involvement by criminal elements in diesel laundering and cigarette smuggling, which deprive legitimate businesses of the ability to make a livelihood.
The legislation is significant and in the interests of all citizens. I agree with Senator Ó Clochartaigh that we must at all times efficiently and effectively resource the Garda. In very difficult times, the Government is doing everything possible to ensure we maintain the Garda at the strength promised in the programme for Government. We must also ensure that we use our resources more efficiently and effectively. I want to ensure that the Minister continues to invest in patrol cars to ensure that pursuit vehicles are fit for purpose. We have improved our road network and we must ensure that when those people come down the country from Dublin, we have Garda vehicles which are capable of pursuing them at high speed. They have very little respect for human life and will put their lives and the lives of gardaí at risk. We must be equipped with the tools to ensure they are stopped in their tracks.
I commend the Minister of State on the motion. We must do everything possible to ensure our citizens are safe and that we have a justice system which brings those people to book and deals with them efficiently and effectively to put them out of business for once and for all.
I thank all Members who contributed to the debate. It is important that issues like this are fully fleshed out in debate. It is a significant motion. Let us be quite honest about that. Senator Bacik made a point I was thinking of myself. On the one hand, the Garda Commissioner feels the provisions are necessary as part of the Garda armoury to ensure that gangland crime is dealt with, while on the other hand we can take significant comfort from the fact that no case has lately come before the Special Criminal Court. It proves more than anything else that the provisions will be used sparingly and that they have not been abused. It is very clear. If we were sitting here saying how good the legislation was having been used in 40 prosecutions, there might be something else to say. There is a comfort in realising that the use of the legislation is carefully considered and that there has not been a need to use it.
Resourcing the Garda involves more than simply providing recruits, vehicles or stations. It is also about providing the Garda with the legislative powers it requires to complete investigations and prosecutions. I take on board everything Senator Ó Clochartaigh is saying but what we are doing tonight has nothing to do with the recommendations he set out. This is a very clear, specific motion. We can argue the case on resources and stations at a different time but that is not what the motion is about. I commend the motion to the House.
Question put.
Votáil.
Will the Senators claiming a division please rise?
Senators David Cullinane, Trevor Ó Clochartaigh and Kathryn Reilly rose.
As fewer than five Members have risen I declare the question carried. In accordance with Standing Order 61 the names of the Senators dissenting will be recorded in the Journal of the Proceedings of the Seanad.
Question declared carried.
When is it proposed to sit again?
At 10.30 a.m., maidin amárach.