THE range of measures which the Government was taking represented one of the strongest anti crime pieces of legislation ever brought before the Oireachtas, Minister for Justice, Mrs Nora Owen, told the Seanad yesterday.
Introducing the Second Stage of the Criminal Justice (Drug Trafficking) Bill, she said the Government believed the measures were necessary and proportionate response to the grave threat posed to community by the action of drug traffickers.
"The Government is determined to do all in its power to thwart these evil people and their deadly trade," she said.
Stressing the gravity of the problem, the Minister said the detention of a person suspected of drug trafficking would now extend to seven days, but during that period there would be provision for the detention to be kept under regular review by breaking up the seven days into separate stages.
After 48 hours detention, the prosecution authority would have to be in a position to establish to the satisfaction of a judge that there was a reasonable suspicion of the person having committed the specified offence, and that reasonable grounds existed for the continuance of that suspicion.
She said the involvement of the court, taken with other safeguards contained in the Bill, should allay any fears the detention provisions were excessive or open to abuse.
Mrs Owen said the Bill also provided gardai with the right of access to dance halls, whether in uniform or not, where a Public Dancing Licence was in force, for the purpose of preventing or detecting a drug trafficking offence.
Regarding the modification in the right to silence measure in the Bill, she said the judge would be able to tell the jury it could make an inference adverse to the accused from the late explanation. There was no question of an accused person being convicted on the basis of inference alone.
Fianna Fail Senator, Mr Willie Farrell, said it was known drugs were sold at discos. What was to prevent gardai attending dances where often the drug barons operated? He believed the Garda and Revenue Commissioners were afraid of the criminals. When confronting criminals, the Garda could, as the police did in Italy, wear balaclavas.
Senator Cathy Honan (PD) said she thought the legislation was radical but necessary. It was fully supported by her party. She said it was clear from the Minister's speech there had been concern to balance the rights of those detained under the legislation. She believed they should not be too worried about the civil rights of those accused of drug trafficking. They were well able by their illgotten gains to ensure their civil rights were well protected.
This was echoed by Fine Gael Senator, Mr John V. Farrelly, who said he welcomed particularly the measures which would strip drug gangsters of their assets, which should be seized forthwith. He felt there was a need to set aside the soft approach.
The second stage of the Bill was passed. The Seanad adjourned until 10.30 a.m. today.