Ms Tara Buckley:

I thank the Chairperson, Deputies and Senators for the invitation to me and the president of the association, Mr. Colin Fee, to talk about this very important topic. As members will know, RGDATA represents family-owned food retailers operating in every community throughout Ireland. Our members provide a vital social, economic and community function within the areas that they are located. Over 3,500 shops provide a focal point for many communities, towns and villages. They play a key role in supporting the vitality and vibrancy of many towns and villages in Ireland. It is no exaggeration to state that there has been an explosion in crimes against retailers in recent years. As I have told this committee previously, our members report that incidents of crime, fraud, abuse, theft and shoplifting happen every day in their stores. There are serial shoplifters who rob them several times a month. There are gangs of feral youth who are completely out of control. These people believe they are untouchable and can abuse who they want, and steal whatever they want, with no consequences. There are also organised gangs who arrive into towns like a plague of locusts and rob to order.

RGDATA and our members were highlighted in a “Prime Time” special some months ago where the shocking and frightening testimony of our members provided the basis for the programme. Retailers spoke of daily incidents of shoplifting, robberies, fraud, and verbal and physical assaults that had been inflicted on them, their families and their staff. While retailers are determined and hardworking people the programme also gave a very clear indication that there is only so much that retailers can withstand, and that the impact of retail crime needs to be taken seriously.

The retailers I represent fear that the retail theft in their stores is not taken seriously because the items taken are often low in value. However, if a store is robbed on a daily basis it mounts up very quickly. Our members report that retail theft costs them at least €40,000, on average, per store in loss of goods, repair of fixtures and fittings, and security and CCTV costs. The amount can be more for some of our members who are in areas where crime is even more prevalent. Collectively, it is a significant amount of money. It is said the overall cost to the retail sector is €1.6 billion. Our members are investing in security and CCTV. All of these costs increase every year so are a huge drain on these businesses and obviously it is a huge threat to local communities.

Earlier this year, we had the spectacle where a chat show on RTÉ made light of robberies from shops. It was a subject of supposed amusement and entertainment. We complained to Coimisiún na Meán but, frustratingly, the commission is not yet set up to take and process complaints against RTÉ. It would be helpful if this committee could make sure that the commission is doing what it should be doing.

Some common themes have emerged in terms of the experiences of our members around shoplifting and retail crime. First, there is the lack of Garda visibility on our main shopping streets. The shopkeepers RGDATA represents have a lot of sympathy for local gardaí because after all they are dealing with the same thuggish, abusive and angry people that we are. Most of our members believe their local gardaí are doing their best in extremely difficult circumstances. However, in some cases we have received complaints from our members about a lack of response from the Garda to calls and complaints from retailers about retail crime. There are also accounts I can cite of retailers who called the Garda to assist when a crime had been committed but the response was exceptionally slow. This was most graphically illustrated recently on the morning after the riots in Dublin when one of my members went in to open up his store in the centre of Dublin at 5.30 a.m. Within minutes he was threatened by a group of youths so he called the Store Street Garda station but got no response. A short time later another group of youths arrived at the shop. The shop owner was so concerned for his safety that he pressed the panic button but, again, there was no response. There are clearly persistent issues concerning the availability of gardaí and these issues need to be addressed urgently. The responsibility for these matters rests with Garda management and the Minister for Justice who should ensure that the Garda are adequately resourced.

RGDATA welcomes the announcement last Monday by the Minister for Justice and the Garda about Operation Tara, which will target serial shoplifters and organised retail theft gangs. We certainly will work with local gardaí to ensure that Operation Tara is successful. The reality is that the scheme will look at serial offenders and organised offenders but will not address a lot of problems that are an issue for us on a daily basis. Also, we need to ensure that the resources are put in place to ensure Operation Tara can be successful.

Second, the courts system does not appear to take retail crime seriously, which is perhaps one of the biggest frustrations for our members. There is huge frustration among retailers who put a lot of time and effort into preparing a case against a shoplifter only for the courts to give the perpetrator the benefit of the Probation Act or let them out on bail. Quite often, our members say they arrive in court and present their case but the shoplifter is let out and back in their shop robbing before they, the owners, even have time to get back to their shop. Our members also believe that there is a real absence of a deterrent for offenders with many complaining there are repeat offenders who attempt to rob their stores shortly after having been caught. There is a persistent problem with youths, some of whom are minors, who have very ingrained criminal habits. Therefore, any deterrent needs to match the crime and be applied consistently by the courts. We would like to see zero tolerance of retail crime and abuse against retail staff, and owners, and custodial sentences for serial offenders.

Physical risk is another serious issue for somebody who owns a shop or works in a shop. Our members and their staff have been hit, kicked, beaten, spat at, stabbed with knives or syringes and shot at in the course of their work. There is a significant level of personal risk when seeking to protect your property. For many that personal risk is at a level where it is causing them to question the wisdom of continuing to expose themselves to this level of risk. Our members also find it extremely difficult to retain and recruit staff because people do not want to work in these abusive and threatening environments.

Fourth, there is a legal risk to our members. There is a persistent fear, among our members, of being sued if they seek to protect themselves or their premises. The threat of an action for defamation or some other spurious legal action is very real for shopkeepers and their staff. We have one member who had been put through the WRC by a customer who took a case because of being asked to wear a mask during the times when the Government had regulated that masks must be worn. Our member successfully defended themselves but it cost them €10,000 in legal fees and this was a cost they cannot afford.

Last, the threat to the viability of businesses from retail theft goes to the very heart of business viability. I have never seen retailers as concerned about their businesses as they are at present. Retail crime is one of the significant issues but I can tell the committee members that there is a slew of new State-imposed costs coming all together in 2024, which is causing huge stress. As I am here before the Joint Committee on Enterprise, Trade and Employment it would be remiss of me not to take this opportunity to tell committee members about that. It is the most significant concern for these business owners in terms of the future of their businesses, and the employment they provide in towns and villages all over the country. At the same time as having that stress about the future of their businesses, business owners have to deal with the persistent threat and practice of stock walking out the door of their premises through theft or robbery. Retail crime, at its core, undermines the motivation of retailers to stay in business and of their staff to stay working in retail. It is hard enough to work long hours and face daily stress and risk without having to witness your turnover and profit being undermined by persistent thieving. One of our members owns a number of convenience stores in Limerick and he told the creators of the "Prime Time" programme that retail crime generates shrinkage and security costs which adds up to over €250,000 annually. Shockingly, the store owner now believes he will have to give his security staff bodycams and stab-proof vests to protect them. So there is no end in sight to it all.

What can be done to address this crisis? First, RGDATA believes specific offences concerning retail crime should be recognised in law to signal that persons robbing retail operations will face stiff sanctions. This should be a deterrent. The new law should specifically address the sanctions arising for persistent offenders and offenders committing retail crimes while on bail, as well as providing statutory protection to retailers to permit them to refuse to allow a person into their shop or to ask a person to leave.

Second, the gaps in Garda resourcing need to be filled urgently. Although all retailers have CCTV, the greatest deterrent to crime is a visible policing presence. Operation Táirge needs to have all the resources required to ensure its success. Tangible steps to address any inadequacy in Garda response times when a retailer seeks urgent intervention need to be taken.

Third, we need a specific response to youth crime and anti-social behaviour. This will require an interdepartmental approach that includes the Departments of Justice, Education, Social Protection and Enterprise, Trade and Employment. The most critical thing is that politicians and the Government need to recognise that many community retailers are, in effect, an endangered species, operating under extremely difficult, expensive and stressful operating and trading conditions. They should recognise their positive contribution to society and the economy, support them and stop imposing additional red-tape burdens and significant additional costs on them. The retail landscape of this country will look very different in the coming years if the Government does not recognise the impact of its actions, as well as its inactions, on local essential retailers, and take steps to support them. We are happy to take any questions the committee may have.