“That Dáil 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.”
Speech by the Minister for Justice and Equality Ms Frances Fitzgerald T.D.
Ceann Comhairle,
I move the Motion.
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 the 30th June 2014.
Let me briefly remind the House of the background to the 2009 Act.
The 2009 Criminal Justice (Amendment) Act was a response to a number of difficulties which were being experienced and where the entire justice system was under serious threat. Organised criminal gangs were behaving as though they were untouchable by the Gardaí and the Courts. They even appeared to be taunting those tasked with preventing and investigating criminal acts.
The House will recall certain dreadful crimes where the gangs involved acted in a way that betrayed 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 cooperating with the forces of law and order to bring these thugs to justice. If these people were prepared to intimidate witnesses why would anyone think they would not also intimidate or kill jurors?
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 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 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 jury tampering or intimidation of jurors.
So, 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 offences. 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 (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. I believe, Cheann Comhairle, that 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 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 already said, that is the purpose of moving today’s Resolution
In order to assist the House in considering the motion on the continuation of section 8, subsection (6) provides that before a Resolution is passed, I 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 the 16th June.
The reasons for which the Government and I, as Minister, are 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, stark evidence of the willingness of these gangs to engage in murder, armed robbery, kidnapping, drug smuggling, counterfeiting and other serious offences. Members of the House may wish to note that since 2009 there have been 68 murders linked to organised crime. We are also faced with reality that there are growing and inextricable links between paramilitary groups and organised crime.
And 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. I am sure the House will share my revulsion and that felt by the population as a whole in the wake of this dreadful act. I would appeal to anyone who has information which could be helpful to the Gardaí to pass this on immediately.
Given the nature of organised crime, the investigation and prosecution process can be lengthy and difficult. This is particularly so given the level of intimidation carried out by the criminal gangs. The 2009 Act has been in operation for at most five 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 reasoning for having such a provision available for use in appropriate circumstances.
The use of the Act to date also serves to highlight the considered approach of the DPP. It vindicates the way in which the provision is constructed, allowing her to exercise her discretion to direct that cases would be tried in the ordinary courts where there is considered to be no threat to their proper functioning.
In the report to me on the operation of section 8, the Acting Garda Commissioner is of the clear view that this provision will be required for some time to come. As Minister for Justice and Equality, I must have the utmost regard for the views of the Garda authorities in matters such as this and the Acting Commissioner has the Government's full support in tackling these scourges of society.
In the period under report, there have been a total of 29 arrests under the relevant provisions of the Criminal Justice Act 2006. Charges have resulted in a number of these cases including murder, possession of firearms, burglary and handling of stolen property.
Let me be clear - those 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 that the criminal justice system is equipped to prevent them undermining our core values.
In all the circumstances, I consider that it is necessary to continue section 8 in operation for a further period of 12 months beginning on the 30th June 2014.
I commend the Motion to the House.