Chris Andrews (Dublin South East, Fianna Fail)

I thank the Ceann Comhairle for the opportunity to speak on this matter.

The right to feel safe in one's own home is a basic entitlement. Article 40.5 of the Constitution states specifically: "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law." In recent years, a number of high-profile incidents have increased the focus on this subject, most recently the tragic death in Waterford of Mr. Paddy Barry, who died after an aggravated attack by a burglar in his home in Waterford. There has been a perception, somewhat unfairly, that the law in this area comes down more on the side of the people who perpetrate these crimes rather than those on whom the crime is committed. The Government is currently preparing legislation which will clarify this matter and ensure that homeowners are more confident in their right to defend their dwellings.

I welcome this move and the stance the Minister has taken on the matter. However, there should be greater deterrents for the people who commit these crimes, particularly against the elderly and vulnerable. One such deterrent would be the introduction of mandatory sentences for burglary and aggravated burglary. l am aware that there are two opposing views in this regard. There are those who would say that mandatory sentencing will not solve the underlying problems that cause people to commit these crimes; however, it is my belief that the thought of going to prison for a set number of years will make many burglars think twice before they enter a property.

According to recent CSO statistics, there were 26,783 burglaries and related offences last year - an increase of 8.5% - while the annual increase in aggravated burglary offences, compared with 2008, was 11.7%. Statistics show that Dublin is the worst affected area, with 32.7% of all burglaries. In my own constituency of Dublin South-East there has been a spate of burglaries recently in which elderly people are targeted in their homes. The criminals prey on the trusting nature of these homeowners by posing as council officials or people on official business such as television licence inspectors. While the Garda has been excellent in combating such crimes, providing people with checklists for home security and warning them not to trust anyone they do not know, it is an uphill battle due to the fact that many of the perpetrators serve only a few months in prison before being let out on the streets again.

The Attorney General has asked the Law Reform Commission to consider the issue of mandatory sentencing, particularly for those who attack the vulnerable in our society. The Minister for Justice, Equality and Law Reform has said he is open-minded on the subject of mandatory sentences and has not ruled them out, but he queried the need for them in view of the fact that a maximum sentence could apply. I had hoped to have the statistics of how many maximum sentences have been handed out; unfortunately, I am still awaiting that figure. Although I could stand corrected, the handing out of maximum sentences is not the norm for burglaries.

Finally, Age Action has pointed out that while older persons are less likely to be victims of crime compared to other age groups, they are three times more likely to fear for their well-being in their own area than younger people. It is simply not good enough to have our elderly people living in fear and I would strongly support the implementation of mandatory sentencing for those who perpetrate these crimes on the vulnerable in society.

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