The Garda Síochána will not be defined by the violent gang-related killings of the last few days but rather by its response to it. But the Minister for Justice and the Government must accept their primary role in dealing with the underlying strategic factors which underpin the criminal justice system.
These are essentially questions of capacity and integrity.
It is a matter of indisputable record that the capacity of the Garda Síochána has been savagely diminished as a result of the economic downturn. These deficiencies are self-evident in terms of lack of budget, garda numbers, rostering and infrastructural support and there is no doubt that this situation is a contributing factor in the delivery of a policing service to the community.
Action needs to be taken immediately to deal with the most recent outrages to restore law and order to the streets of Dublin. This of course means that direct offensive and legal action must be taken to retard and ultimately defeat the threat.
The so-called Limerick formula, which was used a number of years ago to defeat gangland killing, is certainly part of the immediate and short-term approach. This is a highly visible armed patrolling and containment approach, together with intelligence-gathering, leading to arrests and prosecution of criminals and the protection of vital witnesses.
Serious consideration should be given to publicising the identities of the so-called persons of interest in both of these criminal gangs.
There is a popular fallacy that the gangland leaders are behaving in a logical and planned way, when in fact they are involved in an orgy of revenge-taking and retaliation against their perceived enemies.
These people should become pariahs in the community, as happened after the murder of Veronica Guerin. If pressure is maintained on them they will lose their influence over the criminal networks and in effect become redundant to the criminal enterprises which are at the heart of their activities, drug-peddling and money-laundering.
There is a strong and persuasive case for the introduction of the delayed second Special Criminal Court as a matter of urgency. This is necessary for two reasons, Currently there are long delays for hearings before the current court, well over 12 months. The second and most relevant reason is that the ordinary courts are not adequate to deal with the threat posed to witnesses and court officials by criminals who by their egregious actions put themselves beyond the pale of civic society and compliant legal norms.
Special Criminal Court
It is often misrepresented in intellectual debate that the Special Criminal Court is not a properly and legally constituted court where the accused enjoy the same rights and privileges as they would in any other court setting. They are defended to the maximum allowable by law and often with more barristers than the State can employ in the prosecution of cases.
I have previously asked the question whether the Garda service has the capacity to meet current challenges? In my view it has the will but it does not have the organisational capacity to meet current and future demands. A real and sustainable effort is required to provide a service to meet the challenges in the following sectors: rural, urban, Border, organised crime, State security and internationally. Each requires specific responses and sustainability.
Mafiosi
The measures now announced by the Minister are welcome and necessary in the short term and there is no doubt that the Garda Síochána will win the battle with these criminal mafiosi. It will require an adaption of the so-called Limerick model, the presence of visible armed resources coupled with robust investigations.
However, the war on crime and the provision of an ongoing policing service is a much more serious matter. The reality of policing is often dangerous and dirty, with real risk to life and limb, but the core of any organisation is the spirit and morale that animates its members.
This feeling and commitment is enhanced and fostered by active and enlightened leadership which is not afraid to call it as it is and to publicly and responsibly advocate for changes and to lead change without fear or favour to the political system.
Contextually, policing is only one part of the criminal justice system and there are very strong influencers elsewhere. I have visited the United Kingdom, European and United States police forces in recent years and the police services there are under very significant economic pressures as well.
The Garda Síochána is one of the very few police organisations that have a national responsibility for normal policing as well as state security. Consequentially this structure places even greater pressure on the service. Self-evidently success is dependent on numbers, a budget and flexible planning and able leadership.
John O’Brien is a former detective chief superintendent