Crime Prevention

Dáil Éireann Debate, Wednesday - 5 February 2014

Wednesday, 5 February 2014

Ceisteanna (8)

Bernard Durkan

Ceist:

8. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he and his Department continue to monitor criminal gangland activity with particular reference to homicides arising therefrom; the extent to which he and his Department continue to put in place the necessary measures to disrupt this activity; if an update of the bail laws is likely to become an instrument in this regard; and if he will make a statement on the matter. [5329/14]

Freagraí ó Béal (6 píosaí cainte)

Deputy Bernard J. Durkan

This question relates to the ongoing activity of criminal gangs, the degree to which homicides have occurred as a result of that activity, the extent to which reoffending has been observed as a feature of their activity and the extent to which action can be taken and continues to be taken to address the issue.

Deputy Alan Shatter

Serious crime is being tackled aggressively by An Garda Síochána, with all the necessary resources deployed to the investigation and prosecution of murders related to the activities of criminal gangs. The organised criminal activity which gives rise to this violence is being targeted by An Garda Síochána across a number of fronts, including through the use of focused intelligence-led operations by specialist units such as the serious and organised crime unit and the work of the Criminal Assets Bureau.

While the challenges posed by gangland and organised crime remain clear to all, week in, week out An Garda Síochána is making arrests and bringing persons before the courts, with substantial sentences handed down in many instances. The drug trade is also being tackled relentlessly, with drugs valued at €67 million being seized by the Garda in 2013, including seizures of cannabis plants with an approximate value of €20 million.

These law enforcement operations are underpinned by a comprehensive framework of criminal law measures which are being fully utilised by the Garda. I have, however, made it clear to the Commissioner that I will look positively at any legislative suggestion he may wish to make which would render our efforts even more effective. I also draw attention to the forthcoming legislation to provide for the establishment of a DNA database to assist An Garda Síochána in tackling crime. The intelligence generated will be invaluable to the Garda and will greatly assist in the investigation of a wide range of serious crimes, including homicides.

With regard to updating the bail laws, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of the modernisation of the law, I will seek to restructure the law in order that it has a focus on the protection of the individual and the public. The intention is that the new proposals will provide better guidance for the courts on how such protection might be provided. I intend to bring proposals to the Government on the matter as soon as possible, having regard to other legislative priorities.

I draw the Deputy's attention to the most recent crime figures which show that total recorded crime was down by 7.1% in the 12 months to the end of September 2013. The figures underline the fact that those involved in criminal gangs and the drugs trade which funds their operations are being robustly opposed. The Commissioner and I are united in our determination that these efforts will be vigorously maintained.

Deputy Bernard J. Durkan

I further inquire whether, for example, it has been noted in the past two to three years the extent to which reoffending has been a feature of serious crime and also the extent to which individuals on bail have reoffended. Has the Garda Síochána made specific recommendations on how the issue might be tackled and whether it might be possible to deal with these issues in the short to medium term?

Deputy Alan Shatter

As the Deputy knows, there is a concern surrounding individuals on bail committing offences. That is the first issue. Where one is on bail and commits an offence, of itself that is a separate offence. In circumstances where this occurs and individuals are brought before the courts it is a matter for the Judiciary to decide whether sentences imposed are concurrent or consecutive. There is a perception among some of the criminal fraternity that when one is out on bail, one is on licence to commit any crime one wants because if one is subsequently arrested and brought before the courts, there is a reasonable possibility that one will receive a concurrent sentence, not a consecutive one. As the Deputy knows, the Judiciary is independent and individual judges need to make decisions where prosecutions take place and convictions result on what are the appropriate sentences to impose without being influenced by me, as Minister, the Government or Members of this House. That is an issue in the context of people being out on bail pending the hearing of a criminal prosecution. We are looking at the bail laws to see the constitutional parameters within which we can best introduce any required reform.

Deputy Bernard J. Durkan

I thank the Minister for his comprehensive reply. I ask whether in a case of reoffending, on the appearance of a person before the court who has previously offended and obtained bail, it should be possible to prevent bail being granted subsequently? Otherwise, it defeats the purpose of the exercise.

Deputy Alan Shatter

There are certain constitutional and human rights parameters within which the Government and the Legislature have to operate. We are looking at the legislation and how best to approach it. In the case of repeat offenders, of an individual who, for example, has been convicted a number of times, served a sentence, paid a fine or done community service and then offends again, following a conviction, when it comes to a court considering the appropriate penalty to impose and whether it should involve imprisonment or a lesser penalty, evidence is given to it of previous convictions. The fact that someone has previous convictions is one of the factors to be considered by the judge who has to determine what penalty should be imposed. It is not simply a question of whether there is a previous conviction but also the seriousness of the offence committed which resulted in the conviction. Ultimately, as the Deputy knows, the courts are independent in this area. We can provide some guidance through legislation, but when it comes to disposing of an individual case and making a decision on a penalty to impose, it is ultimately a matter for judicial discretion.