Call to tighten laws on crime gang activity

THE Government should consider making organised criminal activity a new offence, an Oireachtas report will recommend today. But the report is not expected to back proposals to make membership of a criminal gang an offence.

The Oireachtas Justice Committee’s Review of the Criminal Justice System follows extensive consultation with a wide range of professions, experts and representative bodies.

While it comes down in favour of making the activities of an organised criminal group a specific offence, it says there are serious legal difficulties in making membership of an organised gang an offence.

The report draws attention to the fact that there are European and international protocols dealing with the matter.

It recommends the Government examine the matter further and investigate other jurisdictions to see how they have legislated on the matter.

The United Nations Convention Against Transnational Organised Crime obliges signatory countries to criminalise various activities, such as money laundering and obstruction of justice.

The convention, signed last September, also obliges signatories to criminalise participation in an organised crime group.

It remains to be seen what proposals the Minister for Justice Michael McDowell will make in the autumn.

He has indicated that criminal gang activities may be made an offence. The position on membership has not been finalised.

The proposals will be contained in amendments to the Criminal Justice Bill 2004, which was published earlier this month.

The report makes no suggestions regarding possible sentencing levels for organised criminal activity.

The review was set up last November in the wake of the collapse of the Kieran Keane case in November 2003. Six prosecution witnesses refused to testify in court amid allegations of intimidation.

The report recommends that legislation be changed to allow depositions of witnesses be taken before trial in cases where they subsequently refuse to give evidence.

The deposition would be taken in front of witnesses and would be recorded on video. The report says inferences could be drawn from these recordings.

The report recommends defendants be kept away from witnesses as much as possible during trials.

The review also calls for legislative reform to ensure juries are more representative and include more professionals and employed people.

During submissions, the committee heard from Mr McDowell, Garda Commissioner Noel Conroy, the Law Society, the Bar Council, the Director of Public Prosecutions and the Prison Service as well as criminologists, legal experts, garda associations and civil rights groups.