I move the amendment.

I welcome the opportunity which the motion before the House tonight gives us to discuss one of the gravest issues which we face:  the threat posed by criminal gangs to our very way of life.
 
That said, the Fine Gael motion is selective in failing to recognise what has been done. 

In particular, however inadvertently or thoughtlessly, it sells short the achievements of An Garda Síochána whose members day in day out are called upon to put their lives on the line in their efforts to thwart the activities of gangs. 

It is because of those efforts that many gang members who may have considered themselves untouchable are behind bars facing long sentences - for which, I can assure the House, there will be no mitigation.
 
Let me put something beyond doubt:  I pledge on behalf of the Government that all resources of the State will be used in our unstinting endeavours to ensure there will be no hiding place for those who engage in gangland activities. 

That is no empty formula. 

This evening, I can inform the House of important developments in relation to the use of multi-agency checkpoints in the fight against criminal gangs. 

For some years, An Garda Síochána and other State enforcement agencies have piloted multi-agency checkpoints. 

Now, following my discussions with the Garda Commissioner, I can inform the House that An Garda Síochána and the other relevant State agencies are to begin a renewed and extended programme of multi-agency checkpoints with the aim of applying relentless pressure on every front to gangs and their criminal enterprises. 

Those checkpoints will include Gardaí from the Traffic Corps and other specialist units of An Garda Síochána and staff from other State agencies, including Customs, Social Welfare and Environment.  

I know members on all sides of the House will say they will support all measures necessary to deal with this menace. 

But it is a matter of record that it has happened before that the strong words of some members in the House in the immediate aftermath of an outrage were unfortunately not matched by a willingness to support tough legislative measures that were brought in to deal with them.  Their initial outrage melted away into vacillation. 
 
It is not enough to talk tough about crime.  We have, in a clear-headed, steady and determined way, to take the tough measures that are needed.  Make no mistake: the fight against those involved in gangland activities is going to be long and has to be waged relentlessly. 

There will be setbacks.  But the Gardaí need to know that we offer them more than fair weather support.  We are with them 100% in this fight.  And if the intensive measures which they take within the law to deal with this menace are portrayed by those affected as some sort of infringement of their rights, so be it.  It is particularly sickening that those who shout most about their rights are those who have no respect at all for the lives, let alone the rights, of others.
 
We live in a State that is founded on the rule of law.  To deviate from that would be to hand a bitter victory to those who have no respect of any kind for the law.  This State has, within the rule of law, faced down challenges in the past.  And we will do so again – using whatever resources are necessary for however long it has to take.

I will not detain the House with an analysis of how the existing situation has come about, other than to note that the activities of paramilitary organisations in this jurisdiction did much to bring about a gun culture.  It is ironic that those who often presented themselves as protectors of communities from the ravages of drug abuse in many ways opened a Pandora's box that left us with the armed gangs we have to deal with today.
 
There is no doubt that some of the gangland killings arise in the wake of Garda activity directed against gangs.  That activity has led to a situation where gang members have sought retribution against other gang members as a result of its success.  Such killings are, of course, to be deplored.  But the Gardaí cannot, and will not, be deflected from taking every possible action against gangs just because that danger exists.

We should not in the welter of public debate lose sight of one central fact: the people responsible for the brutal death of Shane Geoghegan and others were the savage killers who gunned them down - not anyone else.  And what is of the utmost importance now is that we deploy every resource in bringing those killers to justice.  That is exactly what is being done and will continue to be done.  I emphasise this point on a night when Shane Geoghegan’s mother and others close to him are bravely coming forward to appeal to the public to help find his killers – an appeal which we in this House resoundingly endorse.

This Government and its two predecessors have extensively reformed the criminal law, and we fully intend to continue doing so. 

Many of our reforms are targeted at the fight against gangland crime.  The Criminal Justice Acts of 2006 and 2007 in particular introduced wide-ranging initiatives to strengthen the capacity of the Garda Síochána to tackle serious crime. 

While I do not intend to list every reform I do want to highlight some of the most far-reaching.  In the cases of offences connected with organised crime, such as murder or kidnapping involving the use of firearms or explosives, detention of up to seven days is now possible. 

Our bail laws have been strengthened in order to allow the prosecution to mount a more effective challenge to bail applications, for example opinion evidence from a Chief Superintendent that bail should be refused because the applicant is likely to commit a serious offence is now admissible. 

The circumstances in which inferences may be drawn at trial from a suspect’s silence in response to Garda questioning have been expanded. 

As with all such reforms, it takes time for their impact to be seen in criminal trials.  It is naïve to think that measures we enact in the House one day will immediately transform the situation the next. 

However, we have recently begun to see clear evidence that these reforms are working. 

For example, the figures for 2007 showed a doubling in the number of mandatory minimum sentences of ten years handed down by the courts in drug trafficking cases, compared to 2006.  We have seen the provisions allowing for witness statements which a witness fails to stand over or recants to be used in evidence helping to secure a conviction in a recent trial.  A positive ruling has also been handed down by the courts in respect of the provisions on the drawing of inferences.

We will continue to press forward with this work of strengthening the criminal law.  Work is ongoing on the Criminal Justice (Forensic Evidence and Sampling) Bill which will provide for the establishment of a DNA database for criminal investigation purposes.

Such a database will, as has been the experience in other countries, greatly enhance the intelligence available to the Garda Síochána.  I expect to be in a position to publish the Bill early in the New Year.  I have already made provision in next year’s Estimates Package for my Department for an €18m funding package for new state-of-the-art Forensic Science facilities and State Pathology Laboratory.  This will enable the work on DNA database to proceed once the new legislation is in place.

My proposals for a Criminal Justice (Covert Surveillance) Bill were considered and approved by the Government at the Cabinet meeting today, and I have published the General Scheme. 

The Bill will open up the possibility of intelligence gained through secret surveillance being used in evidence for the prosecution of cases of serious criminal activity.  In the light of the increasing sophistication of criminals, subversives and terrorists, their use of intermediaries and the associated difficulties in obtaining direct evidence, the use of additional evidence is crucially important.  The Bill will provide for a system of authorisations for covert surveillance operations which will, as a rule, involve an application to a judge for authorisation to proceed with the surveillance and where the reasons for the surveillance will be clearly set out before the court.

The Bill also provides that in cases of exceptional urgency a senior member of An Garda Síochána or the Defence Forces may approve a surveillance operation for a period of no more than 14 days. 

Work is also ongoing on the preparation of the General Scheme of the Criminal Procedure Bill 2009.  While this Bill is primarily aimed at giving effect to the legislative aspects of the Justice for Victims Initiative which I announced in June, some elements of it will be of considerable benefit in our fight against serious crime.  In particular, I am thinking of the proposal that will enable the DPP to seek a re-trial where an acquittal is tainted due, for example, to intimidation of witnesses or jurors.  There will also be a provision on expert evidence, to ensure that the prosecution is given adequate opportunity to examine and challenge evidence being introduced by the defence - in other words, there will be a levelling of the pitch.  I expect to be in a position to seek Government approval for the drafting of this Bill in December with a view to its publication in the spring.

I note Deputy Flanagan's intention to bring forward a Criminal Justice Bill which deals mainly with sentences and remission.  In line with the Programme for Government I have the matter of remission under consideration.  But I would not like anyone to delude themselves that remission is an issue in relation to convictions for murder - for the very simple reason that there is no remission on life sentences which are mandatory in the case of murder.  The fact is that at present anyone sentenced to life imprisonment can be kept in prison for life.  There is no entitlement to any form of release and we do not release any prisoner convicted of murder who is still considered a threat.  We have never released any person involved in organised crime convicted of murder.  We have prisoners who have been in prison over 30 years.  In fact, introducing a tariff of 25 years could act to prevent a Minister detaining someone for longer than that, as inevitably a decision to detain someone longer than the 25 year tariff imposed by a court would lead to judicial review.  The 25% remission applying to fixed sentences has been operating here for over 100 years, and undoubtedly the courts are aware of it in imposing sentences.  So what would be achieved by abolishing remission and the courts consequently imposing lower sentences?  I doubt too that changes could be made affecting existing sentences which would have been imposed by the courts under the existing system. 

I will look at what the Bill will say about civil restrictions on persons involved in organised criminal activity.  But there is no getting away from the fact that such restrictions would be very weak in comparison with the offences gangs commit.  I do not think it would be sensible to divert Garda resources from their work to ensure that gang members are locked away for a very long time.

As I say, I will consider the detail of the Bill, but I have warned the House before of the dangers of legislative acts of delusion, in particular ones that, however well intentioned, could actually worsen the situation.

Not only is this Government strengthening the criminal law to enable it to respond to present day circumstances, it will continue to provide the Garda Síochána with the resources it needs to prevent crime and pursue criminals.  I will not detail the resources which are being provided to the Gardaí, as they are set out in the Government’s amendment to the motion.  The amendment reflects the fact that in deciding on the estimates this year for my Department I directed that absolute priority be given to the fight against crime. 
 
For example, the attested strength of An Garda Síochána will increase to almost 14,900 by the end of 2009 from its current attested strength of 14,267.  This increase in the number of Gardaí, together with the flexibility that overtime gives to the Force, will ensure delivery of a real, sustainable increase in visible policing for all our communities.  Along with the increase in civilian numbers in An Garda Síochána of 20% since the start of this year alone, it will more than offset the planned reduction in overtime.  A ringfenced allocation of €21 million will enable Operation Anvil to continue in 2009 with the targeted disruption of serious and organised criminal activity.         

We cannot overlook the fact that the demand for drugs is the lifeblood of many criminal gangs in this country. 

Frankly, anyone, from whatever class or background, who uses illicit drugs is not well placed to deplore the activities of gangs, when in reality they are complicit in those activities.  My colleague, Minister of State John Curran, is currently drawing up the National Drugs Strategy for the next eight years. 

No doubt that Strategy will be debated fully in this House.  I will confine myself to saying that I reject completely suggestions that are made from time to time from some quarters that the answer lies in legalising drugs.  That overlooks completely the harm that comes from drug abuse and, in my opinion, would be handing a victory to purveyors of death and destruction. 

The Criminal Assets Bureau has been highly successful over the past 12 years in tackling the criminals in a very effective and tangible way.  It demonstrates the effectiveness of the co-ordinated multi-agency approach in dealing with the proceeds of crime.  The Bureau, which I must acknowledge had its origins in proposals put forward at the time by the current Ceann Comhairle, represented a new form of policing designed to disrupt and disable the capacity of targeted individuals from participating in further criminal activity.  Work at the Bureau is continuing to evolve in response to the changing environment.  There has been a huge increase in the number of trained asset profilers in 2008, which ensures that CAB has a presence in every part of the country.

The Bureau is now looking at the middle ranking criminals as well as their bosses.  These middle ranking criminals, who are often well-known as drug dealers in local areas, are a constant provocation for parents and community workers who are out there doing their best to protect their youth and keep their local community safe. 

I also want to emphasise to the House that, while in any criminal system there is an inevitable time lapse between the issuing of a warrant and its execution, I am assured that the Gardaí will continue to prioritise the enforcement of warrants of whatever kind against those involved in serious crime.  The vast majority of warrants relate to monetary penalties.  I am taking all the steps open to me to reduce the burden on Gardaí, in particular through outsourcing the collection of fines.  I will address further measures in a Fines Bill which I am bringing forward.
 
The use of weapons by gang members is a matter of particular concern.  I fully support the comments which the Garda Commissioner made at the Public Accounts Committee last week about licensed handguns, and, as he acknowledged at the meeting, this is a matter which I have raised with him on many occasions.

In particular, I have made clear since I became Minister for Justice, Equality and Law Reform my concern at the number and type of handguns being licensed. 

That is why, at my direction, my Department and the Garda Síochána have engaged in an urgent and intensive review of the firearms law. 

That review is now in its final stages. 

In addition, work is well under way on the preparation of a Criminal Justice (Miscellaneous Provisions) Bill which, among other things, will give effect to the proposals emerging from that review.

My bottom line is this: 

I do not believe that as a matter of public policy we as a people can countenance a proliferation of handguns.  While I recognise that the vast majority of handgun owners are responsible people, as Minister my concern is the safety of the public, particularly at a time of concern about gun crime. 

I will make a detailed statement in the near future on this matter. 

Tonight I will simply record the fact that from the early seventies, in the light of the Troubles, until a few years ago all handguns were banned in this jurisdiction. 

Following a series of judicial decisions that is no longer the case.  There was no public policy decision to bring about this situation.

It is the case that the Criminal Justice Act 2006 made a number of changes strengthening our firearms code.  One of the purposes of the Criminal Justice (Miscellaneous Provisions) Bill will be to make a number of technical changes which are necessary to ensure that some of those changes can be brought into operation effectively. 

But in the light of the situation which we face, I do not believe that those measures on their own will be enough – I will be going further. 

I am conscious of the remarks made by Mr Justice Charleton in a recent judgement in a firearms case, and indeed remarks made by a number of Deputies in the House, which reflect my concerns. 

The increasing prevalence of handguns has not come about as a result of any deliberate policy decision by the Government or this House.  That situation is clearly unsatisfactory, and I will be bringing forward effective proposals to deal comprehensively with it.     

There is simply no excuse for the type of gangland activities which we have witnessed.  Members of gangs bear complete personal responsibility for their deeds. 

It is no contradiction of that to point out that in the longer term we risk condemning future generations if we do not face up to the deep seated social problems which have beset parts of Limerick.  It is in recognition of that fact that my Department was instrumental in initiating and supporting the Limerick Regeneration Project led by John Fitzgerald. 

Indeed as recently as yesterday the Secretary General of my Department was in Limerick making a presentation to the Board of the regeneration project dealing with developments in relation to the services connected with or under the aegis of my Department.  We totally support that regeneration process and the unprecedented increase in the number of Gardaí is just one element of my Department’s response.

I do not stand before the House tonight to claim our criminal justice system is perfect and needs no change.  For my part, I pledge as Minister to keep under constant and intensive review all aspects of the operation of our criminal justice system and continue to bring forward whatever changes are sensible and required.  But it serves only to demoralise those in the front line who have to face down the evil doers in our midst not to recognise what is being achieved. 

It is against that background that I commend the amendment to the House.