Opposition claims gang laws are not working

THE law has been changed at least ten times in the past decade in an effort to tackle gangland crime but the opposition claimed last night that these laws are not working and in most cases have not resulted in conviction.

In the aftermath of the murder of journalist Veronica Guerin in the summer of 1996, a range of new laws were passed.

A raft of emergency legislation that summer focused on removing the possibility of profiting from such crime through the Criminal Assets Bureau Act, 1996, the Proceeds of Crime Act 1996, the Disclosure of Certain Information for Taxation and Other Purposes Act 1996, and amendments to the Revenue and Social Welfare Acts.

Following the passing of these laws, criminals had to prove in court that their assets were not acquired through the proceeds of crime.

These laws were followed by a referendum that gave judges the right to refuse bail if it could be shown a suspect would commit a serious offence if released.

A year later the Witness Protection Programme was introduced in response to intimidation of witnesses.

The Criminal Justice Act 1999 created a new offence of possession of drugs valued at €13,000 or more for the purposes of sale or supply and introduced a mandatory minimum 10-year sentence for this offence.

The European Arrest Warrant Act, introduced in 2003, provided for enhanced judicial co-operation between member states in tackling cross-border crime by improving the efficiency and effectiveness of existing extradition arrangements.

In November 2005, the Garda Commissioner established a dedicated Organised Crime Unit on a temporary basis. This unit was set up on a permanent basis in January 2008 with a complement of 70 staff.

The Criminal Justice Act (2006) introduced, for the first time, a jail term of up to ten years for anyone leading a gang crime and five years for anyone participating in or contributing to such a gang.

A year later, the Criminal Justice Bill 2007 provided for new mandatory sentencing for repeat offenders connected with serious organised crime.

It also allowed for post-release ‘monitoring orders’ and ‘protection of persons orders’ to assist with garda supervision of convicted persons and to protect witnesses and victims.

Last April, the then Justice Minister Brian Lenihan said laws allowing the use of garda camera surveillance in court would be introduced before the end of this year.