Garda to get new powers in fight against gangland crime

New legislation aimed at fighting gangland crime will confer new powers on the Garda, restrict the rights of gangland suspects…

New legislation aimed at fighting gangland crime will confer new powers on the Garda, restrict the rights of gangland suspects and provide clarification to the judiciary on the controversial issue of mandatory sentencing for serious crime.

Tánaiste and Minister for Justice Michael McDowell said he believes the measures represent a proportionate response to the criminal underworld, which posed "the greatest threat to our democracy since the advent of paramilitarism in the 1970s".

He was hopeful the Bill would be enacted, with cross-party support, before Easter.

Opposition parties said the Government had "almost no hope" of enacting the new Criminal Justice Bill 2007 within that time frame.

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Fine Gael dismissed the measures as "five years too late", saying they did not go far enough.

Party leader Enda Kenny TD said: "Now, with the election looming, we're suddenly meant to believe that they will keep our people safe and put the thugs behind bars. They are going to do in 10 weeks what they haven't done in 10 years."

Labour said the Bill amounted to "last-gasp" proposals. The party's justice spokesman, Brendan Howlin TD, said: "Finally abandoning the illusion the drug lords were a 'dying wasp' and the horrific litany of gun murders were a 'final sting', Minister McDowell seeks to calm genuine public concern."

Among 50 anti-gangland measures contained in the Bill are new powers for gardaí to detain gang members for up to seven days without charge, for a variety of gun crimes for which detention currently runs to a maximum 72 hours.

A number of provisions are also aimed at making it harder for gangland suspects to secure bail.

Also contained in the Bill is clarification for the judiciary relating to instances in which so-called "mandatory sentencing" for drug and gun crime should not be imposed.

Mr McDowell has previously voiced concern at the low number of major drug dealers jailed for the 10-year term provided for under current legislation.

However, he conceded that advice from the Attorney General was that he could not create in the new legislation a mandatory 10-year sentence that would apply in all cases, thus taking discretion away from the judiciary.

"If I thought otherwise, there'd be a different piece of legislation," said Mr McDowell.

Among the other provisions contained in the Bill are new Garda cautions which make it clear that failure to answer questions in custody "may be taken into account when determining guilt or innocence".

Applicants for bail will be required to outline their incomes, means of income and details of offences committed while previously on bail.

Those convicted of gangland offences within seven years of release from prison for earlier offences will face enhanced sentences, similar to US-style anti-racketeering laws.

A range of new offences has been created in relation to the possession of drug paraphernalia.

The long-mooted DNA database was also approved with the range of other measures at yesterday's Cabinet meeting.

Mr McDowell said that he had decided the measures were needed after a spate of "vicious" acts of violence late last year. This included the murder in Finglas, Dublin, of leading drug dealer Martin "Marlo" Hyland.

Apprentice plumber Anthony Campbell (20) was also murdered because he was a potential witness to Hyland's killing.

Last night, concerns were already being raised about the potential impact of some of the proposals on civil liberties.

The Irish Council for Civil Liberties warned it was essential that the integrity of the criminal justice system was not undermined. Director Mark Kelly said that "removing rights from people accused of crimes is not an effective mechanism".