State to consider laws like those used against Mafia

The Government is to consider the introduction of anti-racketeering laws similar to those used in the US to target the Mafia, …

The Government is to consider the introduction of anti-racketeering laws similar to those used in the US to target the Mafia, as part of a proposed legislative clampdown on serious organised crime.

Minister for Justice Michael McDowell said yesterday the laws are being considered as part of a package that will also include reform of bail laws and possible amendments to the right to silence.

The package of reforms will be brought to the Dáil in late January or February and will be a priority for the Government, he said.

The reforms are additional to a package of measures announced by Mr McDowell following yesterday's Cabinet meeting, which was devoted largely to the recent wave of gun crimes and killings.

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The package includes the creation of an extra 1,000 Garda posts to take the total to 15,000; an expansion of the Garda Reserve and the civilianisation of 300 Garda jobs, including seven senior positions within the force, to free up additional gardaí for front-line policing.

Mr McDowell said the Government is preparing a series of laws aimed at those involved in serious gun and drug crimes.

One initiative being considered is the introduction of anti-racketeering legislation, similar to the Rico (Racketeer Influenced and Corrupt Organisations) Act introduced in the US in the late 1970s to combat the Mafia.

He said the Government will be examining what aspects of the legislation could be introduced here.

This includes "the whole business of being involved in racketeering-type offences, involving the use of violent threats, guns, criminal associations and the handling of the proceeds of crime".

The Government will also consider allowing courts to convict a person of handling the proceeds of crime if they are found with large amounts of cash but do not provide an explanation for it, he said.

Other proposals being considered by the Government include extending the laws limiting the right to silence, which currently apply to terrorist charges only.

The change would allow courts in gun and drugs cases to infer from a person's decision to remain silent that they had been involved in a specific crime.

The Minister said the Government would also consider amending the bail laws to give effect to the 1996 referendum that made provision for the courts to refuse bail to someone who was considered likely to commit an offence if released.

The proposed amendment would allow a court to accept the opinion of a garda that an accused person would offend while on bail. At present, gardaí are required to show evidence that an offence was likely to be committed.

Mr McDowell said there will also be a "full and in-depth examination" of amending legislation to require that some individuals applying for bail be required to make "full disclosure of their assets, lifestyle, previous convictions and their activities".

It is the Government's view that existing legislation had not "lived up to the expectations of the public" in this area, he said.