IT took the murder of Veronica Guerin, with its attendant public outrage, to galvanise the Government, the Opposition parties and the various arms of the State into the production of a comprehensive package of anti drugs legislation.
The response was selective and focused. It largely avoided the threat posed to society by white collar crime, while concentrating on lower class criminal elements. And, even there, powerful legal interests may yet secure exemption from certain anti money laundering regulations.
Crime has always been a hot political potato. But it is rare that a coincidence of public interests emerges to force a radical review of established practices and to upset the status quo. And it looks as if that may now be happening.
The person most likely to benefit from this change is Patrick Byrne. His timing could hardly have been better. The new Garda Commissioner took control of the force six days ago when the public was crying out for change and the politicians were unwilling to deny them.
Mr Byrne has been set a short term objective and given blunderbuss powers. The task: deal with the drug barons and reassure the public that the rule of law still applies. Five separate Bills to provide the muscle for the job were debated in the Dail yesterday and more changes are in the pipeline. If the Commissioner doesn't crack this one, his seven year contract may be in jeopardy. And with pressure like that at work, in tandem with political tension, the sparks will fly.
The establishment of a Criminal Assets Bureau, under the control of the Commissioner, may prove to be one of the most important legal innovations of recent years. Officers from the Garda, the Revenue Commissioners and the Department of Social Welfare will identify and freeze assets deriving, directly or indirectly, from criminal activity. Their anonymity will be preserved to guard against intimidation. And the bureau's powers may be expanded as practical difficulties are taken into account.
Its work will underpin Fianna Fail's Bill, designed to freeze and seize criminal assets. That legislation, promoted by John O'Donoghue, will operate on the basis of opinion rather than proof and it will be up to the suspect to show the assets were legally obtained.
WHILE the package of legislation is aimed at the drugs trade, it has implications for crime in general. The fingerprints of vested interests are found in the Disclosure of Certain Information for Taxation and Other Purposes Bill.
That measure provides for the free flow of information between the Garda and the Revenue Commissioner to identify the assets of crimes and to prosecute criminals. But when it comes down to requiring certain professional bodies to report suspicious money transactions, punches are pulled.
The last time the legal profession was invited to report tax related crimes to the Revenue Commissioners in the January Budget - Ruairi Quinn was forced to back off. His attempt to bracket solicitors with tax accountants, on the urgings of the Beef Tribunal, foundered when the legal profession claimed constitutional protection under the heading of lawyer/client privilege. A re run of that conflict is anticipated and Nora Owen has promised full consultation before imposing certain obligations.
Is knowledge of an offence the same as aiding and abetting a crime? To what extent should lawyers and the public be required to uphold the law? And why should the Government change the law on the right to silence in drugs cases, while ignoring the recommendation of the Director of Public Prosecutions that it should be done in cases of fraud?
The Minister for Finance had no doubt that organised, professional criminals enjoyed the full benefits of professional advice. Even Michael McDowell accepted that "rogue lawyers" were working hand in glove with criminals.
John Bruton was looking at the big picture. The expansion and modernisation of the Garda Siochana; more judges; more prison places; the sequestration of criminal assets and a referendum on bail. A public education campaign against drugs was being prepared and treatment centres would be provided. But, he warned, peer pressure would also be required to turn the tide against the drug barons.
It was an expensive package. Better law enforcement would cost money. And there would have to be considerable community investment. The Taoiseach believed the Irish public was prepared to pay that price. And he invited the Opposition parties to recognise that when public spending, taxation and other matters came to be discussed in the Budget.
The Minister for Justice gave cause for hope when she promised to publish in the autumn an "overall statement on crime policy formulation and strategy". The document, the first of its kind, will be designed one of its key recommendations will be the establishment of a Crime Council to advise the Government on matters relating to policy and strategy.
THE yawning gap between political will and official action may be finally closing. And it will not be before its time. Almost two years ago the drugs scourge was identified by Nora Owen as a major domestic problem.
Then, last summer, as the law and order issue caught fire, the Minister for Justice announced details of a plan for "an all out fight against the drugs scourge". Some of those elements were lost sight of and others are only being implemented, under pressure, this week. The fault, in many cases, lay in "turf wars" and disagreements between Government agencies.
A rare coincidence of interests has now arisen binding politicians, civil and public servants, State agencies and the broad electorate to a common purpose. With luck, this may finally deliver a more effective system of law and order and a more equitable society. The strong element of cross party support in the Dail for the various initiatives was a good beginning.
