Dail Report:Minister for Justice Michael McDowell rebuked the judiciary on its application of the bail laws when he came under Opposition pressure on the escalating crime situation in the Dáil last night.
During heated exchanges, Mr McDowell said: "Yes, 24 people who were associated with Martin Hyland have been arrested, and 23 of them have been admitted to bail.
"I have stated, on a number of occasions, and I have been criticised for doing so, because I have been accused of dumping on the judiciary, that Article 40 of the Constitution obliges this State by its laws to protect and vindicate the rights of the people.
"The protection and vindication of the rights of the people is not all about due process. It is about preventing people from usurping the authority of this State by engaging in drug-crime activity and gangland activity. And the judiciary must uphold the law of the land that was laid down by this House. It is not acceptable that 23 out of 24 serious drug criminals are at liberty and have been granted bail.
"The law is there. The gardaí testify in these cases and oppose bail, and yet, constantly, we find that those who are charged with serious offences, and where the gardaí oppose their bail, find themselves with people being admitted to bail.
"That is a situation that I strongly contend is wrong and must be addressed."
Replying to a series of special notice questions, Mr McDowell said that a wholly misleading account was given to the Irish public about the provisions of section 15a of the drugs' act and the minimum mandatory sentence.
"It is not the case that a plea of guilty entitles you to a discount.
"It is not the case that anything other than wholly exceptional and specific circumstances justifies a judge from deviating from the minimum mandatory sentence and the judge can only do so where that judge comes to the view that it would be unjust to apply the minimum mandatory sentence." Mr McDowell said that the legislature had put through hefty laws on the issue.
"The executive has produced massive resources in terms of cash and Garda numbers for the force. And the judicial arm of the State as well must play its part in the suppression of gangland violence."
The Minister did not respond to Labour spokesman Brendan Howlin, who asked if Dessie O'Hare had associated himself with criminals during the summer. Mr Howlin asked if this was a breach of Mr O'Hare's licence and if he would be brought back into custody.
Tony Gregory (Independent, Dublin Central) said the main source of the gun crime was drugs. He asked how the Minister could explain that the national Garda drug unit had no increase in manpower since 1995.
"How can he explain that they have 35 operational gardaí, leaving out administrative people, and how can he explain that they are currently under-strength by two sergeants and 10 gardaí?"
