Following a dramatic increase in gangland murders, McDowell is pressing ahead with plans to introduce the controversial 'anti-gang' legislation, similar to that enacted in Canada in 1997.

However, Professor Don Stuart of Queens University in Ontario, a consultant on criminal law reform to the Canadian Justice Department, said the Canadian legislation "had proven not to work effectively and failed to have any significant impact." The leading criminal law expert said the anti-gang membership law had "diverted attention away from more effective alternatives such as increased resources for police."

The controversial Bill C-95 was introduced in Canada following a series of high-profile murders and bombings, primarily in Quebec and Manitoba, between biker gangs and aboriginal groups. It empowers judges to restrict the lawful activities of those who, it is reasonably believed, will commit an indictable offence, even if they have not been convicted of, or charged with, any of the crimes at issue.

"This law has caused major problems in Canada. It is a symptom of a political desire to be seen to combat crime but it is not effective. Very few politicians are willing to stand up and oppose such a measure for risk of being seen to be soft on crime, including opposition politicians, " Stuart told the Sunday Tribune.

McDowell announced in recent weeks that he is pressing ahead with the introduction of the new law. A total of 19 men were shot dead in gangland-style assassinations over the past 12 months. McDowell acknowledged that the new offence of being a member of a criminal organisation would be difficult to prosecute successfully. "The fact that it's difficult to prove an offence doesn't mean that it shouldn't be an offence, " he said.

McDowell had previously ruled out the introduction of a specific law making it an offence to be a member of a criminal organisation. In a 2003 interview, he reportedly said that such measures would be unconstitutional. If the Constitution was changed, he asked, "Where would it end?"

The Canadian legislation initially defined a criminal organisation as a group of five or more people whose primary activities include the commission of indictable offences, carrying jail sentences of at least five years. A subsequent amendment defined a criminal gang as three or more people.

Considerable legal difficulties have existed in proving that individuals charged under Bill C-95 have definite affiliation to one specific group of organised criminals. Large costs and delays associated with bringing prosecutions under the legislation have also proven prohibitive. Stuart said legislation that criminalised involvement in organised gangs was open to abuse. Plan: Michael McDowell