A Bill introducing further measures aimed at organised criminal gangs has been criticised today.
The Bill, published by Minister for Justice Dermot Ahern, is expected to pass both Houses of the Oireachtas this month, and become law before the summer recess.
However, Opposition parties have raised concerns about the Bill, saying some elements could be unconstitutional, and warning that the new legislation could not be a substitute for resources when tackling gangland crime.
As announced earlier, the Bill includes a new offence of directing or controlling a criminal organisation, and provides for organised crime offences to be tried in the Special Criminal Court unless the DPP directs otherwise.
The Bill amends a number of existing pieces of criminal justice legislation, including the 2006 Criminal Justice Act, which already made it an offence to be a member of a criminal gang. This Bill further defines "criminal organisation", and introduces a new offence of "directing" its activities, which carries a sentence of up to life imprisonment. An actual crime does not have to be committed to invoke the commission of this offence.
The penalty for involvement in organised crime is increased to a maximum of 15 years imprisonment.
Organised crime offences will be "scheduled offences", bringing them within the ambit of the Offences Against the State Act so that they will be tried in the non-jury Special Criminal Court. It will also be possible to refuse bail to those suspected of involvement in a gang in certain circumstances.
Expert Garda opinion evidence on the existence and operations of criminal gangs will be admissible in evidence, including hearsay evidence.
A person arrested under these provisions can be detained for 48 hours, with an extension up to seven days, when authorised by a court. Such an application may be held in private at the discretion of the judge, and no information may be published about the application other than the fact that it has been made.
There is also a provision that certain information supporting the application may be given in the absence of the suspect and his or her legal representative.
Higher sentences may be imposed for repeat offences and for offences linked with the activities of criminal organisations, than would be imposed on an individual acting alone.
There is also provision for post-release supervision and post-release orders, directing those convicted away from certain activities and areas.
There is a further extension of a provision in the Criminal Justice Act 2007, providing for a court to draw inferences from a failure to answer questions or to account for movements, actions, activities or associations.
The penalty for intimidation of a witness or juror will be increased from 10 years to 15 years imprisonment.
Commenting on the legislation, Mr Ahern said: "This is groundbreaking legislation we are publishing today. It is something we do not do lightly but we have a duty to protect our citizens and ensure the rule of law.
"We cannot tolerate a situation where citizens live in fear of crime gangs. This new legislation sends out a clear message to those involved in criminal gangs that we are taking you head on.
"These so-called crime lords have shown a blatant disregard for human life and an arrogance that they in some way believe they can operate outside the criminal justice system because of intimidation and threats."
However, the legislation has already come in for some criticism. Labour Party spokesman on justice Pat Rabitte said the abandonment of trial by jury could be unconstitutional.
"We have no evidence that the acquittal rate before jury trials is less effective than in the case of trials in the non-jury Special Criminal Court. Already where the DPP certifies that the ordinary courts are inadequate in a given case, he may refer such an indictable case to the Special Criminal Court," he said.
"Rushed legislation is bad legislation and proposing such a radical departure as throwing out trial by jury which is so deeply entrenched in our criminal law without adequate time to scrutinise the new Bill leaves us with no choice but to oppose the Bill as it stands."
Fine Gael's justice spokesman Charlie Flanagan said the party could not stand by while the Minister cut funding to the Director of Public Prosecutions and the gardaí while claiming he was "doing all he can".
"The abysmal conviction rates for gangland killings which is less than 4 per cent over the last four years requires more than legislation, it requires a robust, well-resourced DPP's office to prosecute murderers and it requires gardaí on the ground to monitor criminals and make it impossible for them to engage in gangland activity," he said.
"The criminal gangs who do as they please in this country make their money from the drugs trade. Those drugs are easily available in Ireland due to our neglected Customs service. We have only one patrol boat to monitor the enormous coastline, one x-ray container scanner for the many ports, and few or no customs checks at smaller airports. Legislation will not address this huge problem, only resources will."