New anti-gangland laws prompt 'police state' claims
Human rights campaigners today accused Justice Minister Dermot Ahern of abusing the Dáil and operating a police state by fast-tracking tough new anti-gangland laws.
The minister has pushed ahead with the crime crackdown, which includes allowing covert surveillance and non-jury trial, leaving just two sittings for debate.
The Irish Council of Civil Liberties claimed the quick passage through the Dáil avoided normal democratic scrutiny.
ICCL Director Mr Mark Kelly said: “Measures of this sort are the hallmarks of police states, not mature democracies. Clearly, Dermot Ahern would prefer that these proposals avoid the democratic scrutiny of his parliamentary colleagues.”
The controversial anti-gangland laws were prompted by the killing of rugby player Shane Geoghegan and the shooting dead of Roy Collins at his family’s business, both in Limerick.
Seventeen people have been murdered in gang-linked killings this year.
Mr Ahern told the Dáil that organised crime gangs, particularly the Limerick mobs, 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.
“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.
The bill was debated at a rare Friday sitting of the Dáil as the Government pushed to have it passed ahead of the recess.
Fine Gael’s Charlie Flanagan insisted no legislation can replace adequate resources and claimed some garda stations do not have email, the State Laboratory has half the staff that has been recommended and there is no DNA database.
But he also hit out at the legislation claiming Mr Ahern was rushing reform.
“Minister Ahern likes the easy route,” he 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.
“He prefers to give gardaí greater powers rather than greater resources.”
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.”
