MINISTER FOR Justice Dermot Ahern stressed the need for powers to be introduced under the Criminal Justice (Amendment) Bill to be brought into effect expeditiously.
Some people had argued that the measures, aimed at combating gangland crime, should be held back until September to permit further debate, he said. Those arguing for a delay should remember that criminal legislation was not retrospective. He wanted to ensure that people could be charged under the legislation the day after it was passed.
Mr Ahern said this was good legislation and he believed that it would pass constitutional muster.
On steps to limit jury trials and to tackle jury intimidation as well as expanding the circumstances in which Garda evidence could be taken, he said the stark fact was that gang members had displayed a callous disregard for human life and a brazen contempt for their communities.
“They have come to believe that they can take on the criminal justice system and act as a law unto themselves. It is beyond question that criminal gangs will try to take whatever action is open to them to thwart the criminal justice system.”
Eugene Regan, Fine Gael justice spokesman in the Seanad, said that following the passing of the Bill, the Minister would not have any excuse for a lack of progress in the prosecution of serious crime.
He said the Minister’s record to date had been dismal. There was clearly a need for a legislative response to the atrocities that had taken place, but it was not the lack of legislation that created a barrier to effective law enforcement. The real problem was that there was an inconsistency between the passing of laws and the allocation of resources to the Garda, Mr Regan said.
He added that the failure of the Government to adequately resource the Garda customs services was one of the most serious impediments to effective law enforcement. In addition, the Director of Public Prosecutions had said a reduction in the budget of that office would lower its capacity to carry out its work.
“I don’t understand why the Minister is silent on that issue,” Mr Regan said.
Independent Senator Ivana Bacik said the main reason why she was opposed to the Bill was because she did not think it would help, in any way, the victims of gangland criminals or, indeed, their families.
She did not believe it would be effective in fighting organised crime. Many others had expressed opposition to it on that basis, including some gardaí who had voiced concerns that the proposed measure might be rendered ineffective by becoming quickly bogged down in constitutional challenges. The Bill passed the second stage by 4l votes to seven.