Barry Andrews (Dún Laoghaire, Fianna Fail)

The Government is aware that there has been widespread public debate and comment in recent months on the issue of mandatory sentencing, particularly in the context of burglaries and unlawful intrusions into the family home. Both my colleague, the Minister for Justice Equality and Law Reform, and the Garda Commissioner are concerned at the increase in property theft shown in the figures released by the Central Statistics Office for the fourth quarter of 2009.

Vulnerable people, particularly the elderly, are subject to unwelcome callers to their homes. All of us must be vigilant but it is also imperative that the State does all in its power to support and help those who need our protection. We are of course particularly concerned at criminals preying on the elderly in our community. The Garda Síochána is committed to providing a visible presence at local level throughout the country. The number of gardaí assigned as dedicated community gardaí has increased from 709 at the end of December 2008 to 1,058 just one year later; an increase of almost 50%.

A community policing ethos drives the work of the gardaí and a great deal of community based initiatives have been undertaken in recent years. For example, community alert, which was set up by Muintir na Tíre in association with the Garda Síochána in 1985, is now a national movement comprising more than 1,300 local groups dedicated to improving the quality of life of vulnerable people in rural Ireland, particularly the elderly. The Department of Justice, Equality and Law Reform provides financial support to community alert.

Neighbourhood Watch, which operates mostly in urban areas, was established by the gardaí to enlist the voluntary help of the community. It promotes community participation and good citizenship to ensure that sections of our communities do not become marginalised. The programme fosters the best kind of community spirit, where neighbours look out for each other. Neighbourhood Watch is administered through the Garda community relations division.

The Department of Community, Rural and Gaeltacht Affairs provides grant support for community and voluntary organisations to address the isolation and security needs of older people. This scheme has enabled the installation of monitored alert systems since 1996. We estimate that as many as 90,000 older people are monitored on a 24 hour, seven day basis.

With regard to the commission of burglary offences, the Minister is very much aware that some people could feel that mandatory sentencing for burglary might have a deterrent effect on those contemplating committing this offence.

In the first instance It should be pointed out that the Government has taken seriously the public comments on this question and the Minister for Justice, Equality and Law Reform has written to the Attorney General in the matter. I understand that the Attorney General has made a formal request to the Law Reform Commission, as provided for in the Law Reform Commission Act 1975, requesting an examination of the issue of mandatory sentencing generally. The Minister has also been informed that this examination will be undertaken by the Law Reform Commission during the current year.

Current penalties for burglary and for aggravated burglary, as set out in the Criminal Justice (Theft and Fraud Offences) Act 2001, are severe by any standards. A person who is convicted on indictment of the offence of burglary is liable to a fine or to a term of imprisonment of up to 14 years. A conviction for aggravated burglary, where the perpetrator is carrying a weapon of offence such as any item with a blade or a sharp point and including a firearm, an imitation firearm or explosives, carries a sentence of life imprisonment. The House will be aware that there can be no higher penalty under Irish law. There are, therefore, already very severe penalties for this kind of offence.

There are few more important issues than the necessity for people to be safe in their own homes. This is a matter of considerable concern to the Government and to the gardaí. There is a determination on the part of Government to ensure that every possible aspect of this issue is examined. All of the resources available to us will be utilised in trying to improve the position of those who feel vulnerable or under threat in their homes.

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