The Criminal Justice (Amendment) Bill 2009 was today debated at a rare Friday sitting of the Dáil as the Government pushed to have it passed ahead of the recess.
The Minister for Justice, Dermot Ahern, has pushed ahead with the crime crackdown, which includes allowing covert surveillance and non-jury trial, leaving just two sittings for debate, which has drawn criticism from the Opposition and rights groups.
Mr Ahern told the Dáil that organised crime gangs, particularly those in Limerick, have created a climate of fear and were prepared to kill witnesses and would go further than just intimidate jurors.
“Up to this unprecedented event I had resisted calls for sterner legislation but I cannot stand by and let our criminal justice system be undermined,” the Minister said.
"The stark fact is that members of these gangs have displayed a callous disregard for human life and a brazen contempt for the community. They have come to believe that they can thwart the criminal justice system and act as a law unto themselves," Mr Ahern said.
“It is beyond question that criminal gangs will try to take whatever action is open to them to thwart the criminal justice system.”
The Criminal Justice (Amendment) Bill 2009 is expected to become law before the Oireachtas summer recess next week.
New offences include controlling a gang, Special Criminal Court trials once used solely for the IRA and INLA and using expert garda opinion on the operations of criminal gangs as evidence.
Fine Gael TD Charlie Flanagan criticised the legislation claiming Mr Ahern was rushing reform.
“Minister Ahern likes the easy route,” the justice spokesman said. “He prefers to ban legally held firearms than tackle illegal firearms. He prefers to get rid of jury trials than explore what other options are available.
“He prefers to rush through harsh measures without time for debate, despite the very real risk that such provisions will fall foul of the courts on constitutional grounds or because of the European Convention on Human Rights," Mr Flanagan said.
“He prefers to give gardaí greater powers rather than greater resources instead of manpower and technology.”
Labour’s Pat Rabbitte claimed the new rules did nothing to protect witnesses. “There is no evidence of interference with jurors or tampering with juries,” the west Dublin TD said.
“The DPP already has discretion to refer the trial of any serious offence to that court. For example, drugs related crime offences, without any subversive connection, have been sent to and tried by the Special Criminal Court.”
Also speaking in the Dáil, Sinn Féin's Aengus Ó Snodaigh TD said the Bill will do "absolutely nothing" to reduce gangland crime or protect witnesses, their families and communities.
"Rather than continuing with this PR exercise the Government should instead deliver real action along the lines of that proposed by Sinn Féin," he said.