By Ann Cahill, Europe Correspondent
JUSTICE Minister Michael McDowell yesterday ruled out making membership of a criminal gang a crime and of trying gang members in non-jury courts. He was reacting to suggestions from the Garda Representative Association that urged tough new measures to tackle the growing number of gangs active in cities.

The minister said such measures would be unconstitutional and if the Constitution was changed he asked, “Where would it end?”

There was no reason to remove trials of gang members from the ordinary criminal courts to non-jury courts, he believed. There was a mechanism for dealing with any attempt to pervert a jury and the Director of Public Prosecutions could also decide that an ordinary court was inadequate.

“We cannot dilute or water down the right to trial by jury, it is a Constitutional value and where would it end?” he said.

Gardaí were surprised by suggestions in a recent report that there were 40 criminal gangs operating in the country and the minister said the gardaí believed it was closer to 17.

Mr McDowell refuted suggestions that the gardaí were not allocated sufficient funds for overtime in the lead up to Christmas. He said he had approved 55,000 extra hours for November and December.

“I believe it’s more than adequate. The resources are there to tackle this issue”, he said.