Dáil debates

Wednesday, 26 March 2014

Restorative Justice (Reparation of Victims) Bill 2013: Second Stage (Resumed) [Private Members]

 

9:20 pm

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

On behalf of the Minister, Deputy Shatter, I thank Deputy Halligan for bringing forward this Bill and assure the House that the Minister shares the Deputy's concerns to ensure the interests of victims are at the heart of the criminal justice process.

I would like to address some of the specific points raised by Deputies during the debate. With regard to the policing response to burglaries, the Minister is confident that An Garda Síochána is devoting all resources necessary to confront those who seek to profit from burglary crimes. Robust Garda action in this area is reflected in the most recent official CSO crime statistics, which show the national rate of burglary decreased by 10.4% for the 12 months ending 30 September 2013. This continues a downward trend in the overall number of burglaries which has been evident since the end of 2012. Of course, any statistical improvements are of little comfort to those who have been the victims of burglary crimes. The Minister is very conscious of the deep distress that such crimes can cause householders in urban and rural areas, as well as the broader impact they can have in terms of fear of crime in our communities. In this regard the Minister emphasises the progress being made regarding Operation Fiacla, which is the national Garda operation focused on identifying and targeting gangs involved in burglaries. Operation Fiacla is intelligence-driven and includes specific burglary-related initiatives which have been implemented in each Garda region to target suspect offenders. The Garda authorities have indicated that as of the end of February this year 8,344 persons have been arrested and 4,755 persons have been charged under Operation Fiacla, reflecting the extent and impact of the operation. The implementation of Operation Fiacla and its regional support operations continues alongside ongoing community policing measures.

A number of Deputies expressed concern about Garda station closures. The recent Garda district and station consolidation programme is one of the current strategic development programmes being undertaken by An Garda Síochána. This programme provides for effectiveness and efficiencies through the restructuring and reconfiguration of service delivery methods. The revised structures will continue to support An Garda Síochána's community policing philosophy through the clustering of services at policing hubs. The centralisation of services facilitates the introduction of an enhanced patrolling system and is operational and intelligence-led. This patrol system will ensure that a highly visible and community-oriented policing service will continue to be delivered throughout the country.

Decisions on the provision and allocation of Garda transport, including the type and specification of vehicles, are a matter for the Garda authorities in light of their identified requirements. Operational circumstances are fully taken into account when new vehicles are ordered. The Government's recent investment in the Garda fleet resulted in the purchase of 305 new Garda vehicles towards the end of 2013 at a cost of €5 million. These were in addition to the 133 Garda vehicles that had already been procured during the year. Another €4 million has been made available for the purchase and fit-out of Garda transport in 2014. This is a clear indication of the Minister's commitment to ensure that to the greatest extent possible An Garda Síochána is provided with sufficient resources to enable it to deliver an effective and efficient policing service.

The issue of legal aid for repeat offenders has also been mentioned by Deputies. Under the Criminal Justice (Legal Aid) Act 1962 the courts are responsible for granting legal aid to accused persons whose means are insufficient to pay for legal representation. A person's previous convictions are not a criterion for assessment for legal aid under the Act. Deputies will appreciate that the legal aid scheme operates with due regard to the State's obligations under the Constitution and the European Convention on Human Rights on appropriate legal representation for persons charged with criminal offences.

Deputies may be aware an ongoing review of penal policy is being conducted by a working group established by the Minister in September 2012. This group has been asked to conduct a wide-ranging examination and analysis of penal policy, including sentencing policy and the reintegration and rehabilitation of offenders. Among other matters, this review is also required to take into account the perspective of those who are victims of crime. This group is expected to report shortly after Easter.

I thank Deputy Halligan for bringing the Bill before the House. While the Government shares his concerns with regard to ensuring that the rights and needs of victims of offences are a central consideration in the criminal justice process, in view of the difficulties identified with the provisions of the Bill, the Government cannot agree to its being read a second time. This has been a very worthwhile debate and we thank Deputy Halligan for this opportunity. I am sure that when the Minister brings forward his proposals the Deputy will be quite satisfied with them.

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