796. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform Information Zoom the number of prosecutions in recent years under the firearms legislation for not having a licence or other breaches of legislation. [2055/05]

797. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform Information Zoom the average age profile of licensed firearms holders here. [2056/05]

798. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform Information Zoom the number of cases of stolen firearms in 2002, 2003 and 2004; the type or category of firearm that was stolen in each case; and the location from which the firearm in each case was stolen. [2057/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I propose to take Questions Nos. 796 to 798, inclusive, together.

The number of prosecutions for possession of a firearm, which includes possession, use or carriage of a firearm or ammunition which is not authorised by a firearm certificate, and the discharge of a firearm are outlined in the following table. Firearms Offences where Proceedings Commenced
Year Possession of firearms Discharge of a firearm
2001 123 20
2002 187 37
2003 148 41
2004* 179 38

* figures for 2004 are provisional/operational and liable to change

The Garda authorities inform me that the average age of a licensed firearm holder is 49 years.

A breakdown of the number of firearms stolen by type or category and by location is not readily available. However, I am informed by the Garda authorities that they are compiling the figures and they will be forwarded to the Deputy as soon as they are available.

129. Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position in relation to the surrender of firearms in 1972 from a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [5374/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I wish to inform the Deputy that the licensing of firearms is a matter for the local Garda district officer and I have no statutory function in the matter. I am informed by the Garda authorities that the weapon in question is stored at Garda Headquarters and that there is no record of any application being received from the person for the return of the firearm.

163. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform Information Zoom if, in view of the commitments made in “Regulating Better”, he will publish the heads or draft amendments which he proposes to make to the Criminal Justice Bill 2005; and if he will make a statement on the matter. [8483/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I made the general scheme of the Bill available to the Human Rights Commission and to the Oireachtas Joint Committee on Justice, Equality, Defence and Womens’ Rights to encourage a broad debate on the proposals to be contained in the Criminal Justice Bill, prior to its publication. It is my intention to take the same approach to the proposed heads providing for amendments to the Bill as soon as I have obtained Government approval for the drafting of the amendments.

civdef wrote:

Nope, it doesn't really -there is very little / no scope for applying conditions on a cert once it's granted - eg where the firearm is to be used etc.

5. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform his views on the upsurge in the level of gun crime, robberies and hostage-taking; and the steps he has taken to deal with the activities of armed gangs to bring them to justice. [16224/05]

6. Mr. Costello asked the Minister for Justice, Equality and Law Reform the steps being taken to deal with the surge of serious crime over the past few months, including the spate of gangland style killings, robberies of cash in transit consignments and abductions and kidnappings; if he intends to provide additional resources to the Garda to help it combat these killings; and if he will make a statement on the matter. [16261/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I propose to take Questions Nos. 5 and 6 together.

I have outlined previously to the House the extensive range of measures which have been taken to deal with the types of crime referred to in the questions. Those measures will, of course, continue.

I have been concerned for some time, and this is a concern shared on all sides of the House, that serious offences which have been taking place have made evident the emergence of a gun culture in Dublin. This, sadly, has been manifest in the number of fatal shootings that have taken place, particularly in recent weeks. Those deaths will be comprehensively investigated, as will the incidents of armed robberies and other gun crimes which have taken place. The Garda Commissioner advises me that he is confident of success in a number of those investigations.

The Garda has amassed a considerable amount of intelligence about gun crime in Dublin and has a very clear picture of what is going on. Both the Garda Commissioner and I, in the course of intensive discussions in recent days, have agreed that the time is now ripe to build on that work in ways that will strike at the heart of the gun culture which has emerged.

I can report to the House that last night the Garda Síochána launched Operation Anvil. This is one of the most intensive special policing operations ever undertaken in the State. It will be intelligence-driven and will be aimed at those involved in gun crime of any kind in the Dublin metropolitan region.

Its cost will amount to €6.5 million, which I have made available from my Department’s allocation for this year, in addition to other allocations to the Garda Síochána. It will involve about 15,000 additional hours overtime being worked each week by gardaí in the Dublin area. This expenditure will not adversely affect existing agreed overtime allocations across Garda divisions, including those for the Dublin metropolitan division.

It would be counterproductive for me to give precise details of what will be involved in Operation Anvil but it will involve divisional uniform and detective patrols throughout the region, backed up by national units, overt and covert operations, mobile and foot patrols, random checkpoints at specific locations, extensive searches, execution of warrants and gathering and collation of high quality criminal intelligence. The Commissioner is adamant this will not be done by sucking in those involved in community policing, depriving that area of the necessary manpower. The operation will be focused, sustained, targeted and relentless.

One feature of the gun culture that has emerged is the apparent belief on the part of some criminals that they are not bound by or subject to the laws of the land. Nobody is above the law and, likewise, nobody is beneath the protection of the law. Operation Anvil is intended to supplement existing operations to ensure that lawlessness does not prevail, that the threat posed by these criminals is met sternly and effectively and, above all else, human life is respected.

While our legislation for tackling organised crime is one of the toughest in Europe, I propose it is strengthened further. The Criminal Justice Bill 2004, which is on Second Stage in the House, provides for a comprehensive package of anti-crime measures which will enhance Garda powers in the investigation and prosecution of offences. These include a general power on the issue of search warrants, including a superintendent’s right to issue an emergency search warrant in certain circumstances, increased detention powers of up to 24 hours for arrestable offences and a statutory power to preserve a crime scene. Part 3 makes provision for the admissibility as evidence in court of statements by witnesses who subsequently refuse to testify or retract their original statements. I am considering introducing several amendments, including a proposal to provide for criminal offences for the participation in a criminal organisation, as requested by the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights.

With the recent increase in violent crime involving firearms, there is an overriding necessity to ensure public safety and security are given priority in any review of policy and legislation on firearms. I have decided to bring forward proposals in the context of the Criminal Justice Bill to provide the secure custody of firearms, minimum sentences and new offences for modifying firearms, such as the sawing off of a shotgun barrel. I intend to provide for severe penalties for the possession of sawn-off shotguns and the modification of shotguns.

I ask all sides of the House to help me expedite these measures in a genuine spirit of co-operation. I ask all Members to welcome the measures the Garda Commissioner has put in place since last night, which will be a substantial and unprecedented operation against gun crime in Dublin city.

Mr. Costello: I welcome what the Minister said about giving €6.5 million to Operation Anvil, but I remind the Minister that just before Christmas he provided some €4 million to what I believe was Operation Crossover, for the months of November and December. Once the money and overtime hours are gone, the resources are gone and we are back to square one. If I recall correctly, it was in November that the Minister came out with the rather flamboyant expression: “ I don’t believe there is any new energy in crime in Dublin”. That was in November 2004. The Minister said he believed the situation then was “to some extent, the sting of the dying wasp”. Since then, there have been ten or 12 gangland-type killings, so the Minister is clearly out of touch in this matter.

What we are now getting is a belated response by the Minister in an effort to show the public he is doing something about the situation, though he made no effort to prevent any of these killings or to bring the perpetrators to justice. When the €6.5 million is spent, we will be back to square one again. Can the Minister now give us some commitment that we will not merely get a small pool of money for use on a once-off mechanism, with the plan, if there is one, to be then thrown aside once again? Can we have the commitment in resources and personnel on an ongoing basis? The Minister might outline to us how he would provide something of this nature. When a person is shot dead emerging from Mountjoy Prison, in broad daylight, the situation is clearly out of control.

Will the Minister agree that one of the reasons there are so many killings by these hit-men, who are paid by criminal gangsters with access to drugs, and a great deal of money as a result, is that the hit-men are at virtually no risk of detection, prosecution or imprisonment? In the past five years, the detection and prosecution rate has been only 16%, the lowest such rate for all headline offences. If one commits a gangland murder, one is less likely to be punished for that than for any other headline crime one might commit. What will the Minister do about that?

Regarding security firms, is it a fact that we currently have no licence scheme, regulations or standards for any of the security operations here, and that some 26,000 security personnel go merrily about their business while there are no proper standards or vetting procedures in place? Can the Minister give us some idea of when the private security services legislation will be in operation to the extent that it will have some meaning?

With regard to the gun culture, what will the Minister do about the enormous number of weapons that are available in this country? The Minister indicated that some of these are paramilitary weapons, some are smuggled weapons while others are stolen, but having that knowledge is not good enough. What steps will he take to get those weapons out of circulation?

Mr. McDowell: I act in conjunction with the Garda Commissioner in the allocation of funds. Operation Crossover, to which the Deputy referred, was a successful operation. It targeted specific areas on the western side of this city and had a significant effect.

Mr. Costello: Everything is now back to square one.

Mr. McDowell: We are by no means back to square one. There was a significant improvement in the situation arising from Operation Crossover. I attended the opening of a new offenders’ transition home in the Blanchardstown area some days ago and, on that occasion, voluntary groups who are concerned with crime in the Blanchardstown area reported to me that there had been a dramatic improvement in policing in their area, with which they were happy, and that the improvement was being sustained. I congratulate local Garda management for reallocating its resources to produce this greater visibility.

It is true that I believed last year that, as a result of Operation Crossover, the organisations of major players had been broken up and that they were effectively on the run. However, others have stepped into their shoes and the Garda Commissioner has asked me for these extra resources. Deputy Costello would ask why these are not available all the time and would suggest that there should be no particular set of operations but constant overtime and the attendant constant flows of money.

Mr. Costello: I am not saying that, I am saying the opposite.

Mr. McDowell: It is important that when we engage in a certain type of expenditure, we keep it under review to assess whether it has lost its vitality and whether it is yielding dividends.

Mr. Costello: I am seeking ongoing resources.

Mr. McDowell: It would be easy to simply tell the Garda Commissioner that he can have as much money as he wants which can be spent as he wishes, but I cannot do that and I accept the Deputy is not inviting me to do it. I cannot operate on the basis of proclaiming that there is no limit to overtime and that the Garda can do what it wants at any time. If that psychology took hold, we would simply see diminishing returns.

I thank the Opposition Deputies for heeding my call last year to pass the legislation establishing the Private Security Authority of Ireland. The authority is now up and running in Tipperary, its chief executive has been appointed and it is currently putting in place the licensing regime for cash in transit companies. I outlined previously to the House the issues that arose in this area and the 120 day period which I had allowed the banks and cash in transit companies to get their houses in order.

Mr. Costello: Do not give them any time.

Mr. McDowell: I could click my fingers and demand that it be done tomorrow but if it is necessary to buy equipment and to establish new training regimes for the workforce and so forth, time is required. However, I should make clear to the chairmen of the banks, most of whom I know personally and whom I hope will hear my remarks because they keep an eye on what happens in this House, that I am not bluffing about the 120 day period. If they think that on day 119 they can begin to engage in this process, they are greatly mistaken. I urge them to act on this now because I will not hesitate to impose a regime on the banks which will allow me to direct the level of security for which they must pay. This country deserves protection from those who steal large sums of money because it is they who will later take other people’s lives and invest the proceeds in drugs.

38. Mr. Broughan asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 and to date; the number of such cases in which prosecutions for murder have been initiated; the number of such cases in which convictions have been secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [16114/05]

260. Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms where used in respect of each year from 1998 to 2005 to date; the number of such cases in which prosecutions for murder have been initiated; the number of such cases in which convictions have been secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [16262/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I propose to take Questions Nos. 38 and 260 together.

I am informed by the Garda authorities that the following table shows the number of murders in which firearms where used in respect of each year from 1998 to 16 May 2005.

As the Deputy is aware, the Director of Public Prosecutions is statutorily independent in the performance of his function and it would, therefore, be inappropriate for me to comment on his decisions. Furthermore, judges are independent in the exercise of their judicial functions and subject only to the Constitution and the law. It would therefore be inappropriate for me to comment on their decisions also.

Murders involving Firearms 1998 to 16 May 2005
Year Recorded Detected Proceedings Commenced Convictions
1998 4 3 2 1
1999 12 7 7 5
2000 11 6 5 2
2001 9 4 2 2
2002 10 4 4 2
2003 20 8 4 1
*2004 9 6 5 1
*2005 8 1 1 0

*Figures for 2004 and 2005 are operational and liable to change.

I am informed by the Garda authorities that murders involving the use of firearms tend to have lower conviction rates than other murders. This is not unique to Ireland. The number of violent deaths, murder and manslaughter, recorded in 2004 is 45, the lowest number recorded in ten years, despite our population increasing by 400,000 during the same period.

312. Mr. Curran asked the Minister for Justice, Equality and Law Reform if he will examine the merits of introducing a gun amnesty accompanied by more severe penalties including possible mandatory sentencing for the possession and discharging of illegally held firearms. [16484/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): On Committee Stage of the Criminal Justice Bill 2004, I propose to introduce measures to provide that firearms and other offensive weapons may be surrendered to the Garda. I will also be proposing a range of measures to increase sentences for more serious range of firearms offences, including the introduction of mandatory minimum sentences in some cases. My full range of proposals will be announced to the House in the normal way in due course.

314. Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he proposes to take any particular action to address the rapidly escalating problem of gun crime; and if he will make a statement on the matter. [16487/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): I refer the Deputy to my replies of today’s date to Parliamentary Questions Nos. 5 and 6.

315. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of fatal shootings that have taken place in the past five years; his plans to address the issue; and if he will make a statement on the matter. [16488/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest opportunity.

316. Mr. Durkan asked the Minister for Justice, Equality and Law Reform his proposals to confront those in the criminal underworld who specialise in the supply of firearms for unlawful purposes; and if he will make a statement on the matter. [16489/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): On Committee Stage of the Criminal Justice Bill 2004, I propose to introduce measures to provide that firearms and other offensive weapons may be surrendered to the Garda. I will also be proposing a range of measures to increase sentences for more serious range of firearms offences, including the introduction of mandatory minimum sentences in some cases. My full range of proposals will be announced to the House in the normal way in due course.

I am informed by the Garda authorities that the national bureau of criminal investigation has successfully targeted and prosecuted several of gangs involved in this type of criminality and that a number of firearms have been recovered or seized. I also refer the Deputy to my answer to Question No. 6 today.

317. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to deal with the situation of the sale, supply and use of illegal firearms in the State; and if he will make a statement on the matter. [16490/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): There is a particular overriding necessity to ensure that public safety and security are given priority in any review of policy and legislation for firearms. I have decided to introduce at an early stage, certain proposals for inclusion in the Criminal Justice Bill. The Bill, as published, contains one of those proposals, to provide for the secure custody of firearms. Other provisions will be introduced through amendments on Committee Stage. These will deal with better controls on the type of firearms which may be certified. They will further specify certain additional requirements which will have to be met by applicants for certificates and allow for the imposition of conditions on the granting of a certificate. They will include a provision allowing the deeming by order of firearms which may not be certified.

Sentences for the more serious range of firearms offences will be increased, including the possibility of mandatory minimum sentences in some cases, as well as new offences of illegally modifying a firearm, for example, sawing off a shotgun barrel, and the imposition of severe penalties for this offence. I also refer the Deputy to my reply to today’s Question Nos. 5 and 6.

324. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of armed robberies reported in County Kildare in the past five years; if the perpetrators have been convicted; and if he will make a statement on the matter. [16497/05]

Minister for Justice, Equality and Law Reform (Mr. McDowell): It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest opportunity.

*577. To ask the Minister for Justice, Equality and Law Reform if action will be taken against a web site (details supplied) which facilitates the shooting of live animals via the internet; and if he will make a statement on the matter. Tony Gregory. [19029/05]