Dáil debates

Thursday, 13 October 2022

Criminal Justice (Miscellaneous Provisions) Bill 2022: Second Stage (Resumed)

 

4:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I welcome this timely legislation and I congratulate the Minister and her Department on the work they have done in respect of it, in particular the provisions on stalking. I will tell the House a sad but true story from my constituency. A perpetrator was convicted and did some jail time for stalking a particular female. Some time later, she woke up in the middle of the night to find the perpetrator in her room. She was horrified and raised the alarm. Members of her family alerted gardaí, who promptly came, arrested the person concerned and brought him before the courts. What I will say next is not a criticism of the judge, but the law allowed the person to apply for bail. Notwithstanding the fact that the gardaí in the case opposed the application, he was released on bail. The gardaí did their very best to keep him in custody. The family were in fear, so they contacted me. It is not easy to listen to a woman who is in extreme distress and her family saying that this person is loose and could come to visit her again. Sadly, she now sleeps with a hammer under her pillow because she fears that the person will return. The judicial system is dealing with the case, but there should be reform of the bail laws so that, if a person who is convicted of stalking is in the home or vicinity of his or her victim again and threatening him or her in the middle of the night, and if the gardaí form an opinion on the matter - I would ask that it be at the rank of superintendent or inspector - then bail should be refused. Stalkers like that should be put away until their court cases see them being put away for even longer.

The gardaí involved in this example are concerned about the family and are committed to supporting them. At a phone call, they will ensure that the person is contacted. I was involved as someone who was relaying messages to the gardaí, but I wish to stress their concern and how they believe it is important that changes happen.

I wish to bring to the Minister's attention a case of coercive control in my constituency. A person who entered this country legally overstayed her welcome and got into a coercive relationship with a male. She had two children. The problem was that the father of the children would not agree to their births being registered. The only way they could be registered was for the mother to make an application to the court. Since she was in a coercive situation, though, she was fearful for her safety and her life and she could not make such an application. She had no support and no children's allowance. She was able to escape from where she was being held against her will and is now in a refuge, which is supporting her financially and helping her in every way. I praise the work of women's refuges in County Louth and nationally for the fantastic work they are doing. The problem in this case is that the social welfare support services have a procedural difficulty in processing an exceptional needs payment for a second time. This person has no income and no financial support due to the regulations, although the Department is doing its best to meet her needs. In this case of coercive control, the victor is the father and the victims are the children and their mother. It is through legislation such as this Bill and Dáil debates on same that we can deal with these cases. While they are the exception, they are happening.

The Minister stated that the Government will be tough on gangland crime at all levels and that the Bill will increase the maximum sentence for conspiracy to murder from ten years to life. As the Minister well knows, Drogheda - I thank her for her attention and her visits to the town - is a priority for the Government as a result of drug crime. Significantly, more than 30 additional gardaí have been deployed to police the community.

More importantly, they will reassure the community by prosecuting the perpetrators of the terrible crimes mentioned. I refer to conspiracy to murder and murder itself.

Everywhere I go, the abuse of drugs is a significant, serious and a growing problem. This is the case North and South. I was in Belfast during the week and this is a serious problem in that city as well. An Garda Síochána is doing a fantastic job. I commend its actions, and those of the courts. The tougher they are, the better. We also need a parallel process, like the Guerin report. Deputies from other parties also referred to issues around drug abuse. The Guerin report was prepared for the Department of Justice. I refer to investment and the significant changes made in this regard. The Minister has led this process, and the resulting investment in places like Moneymore has supported additional childcare and healthcare facilities and the provision of more teachers to schools where there is significant disadvantage. This is also the way forward.

We must tackle the serious criminals and put them away for increased lengths of time. Equally, I refer to implementing the model of the Guerin report in the context of supporting communities and giving a voice to those people who have none and ensuring they have other options beyond going into crime. We all know that sometimes criminality runs from generation to generation. People must be given the option to get an education and secure employment and thereby to have a different life from that they and their families and relations may have led in the past.

Therefore, I welcome the significant attention this Government, and especially the Minister, her office and her Department, has given to fighting crime in Drogheda. It is very much appreciated. This continuing support and the associated ongoing visits are the way forward. Other Deputies should get copies of the Guerin report and give the priority this Government has given to Drogheda. Applications for funding are given priority, which is what is needed to tackle these significant problems.

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