Chris Andrews (Dublin South East, Fianna Fail)
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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.

Barry Andrews (Dún Laoghaire, Fianna Fail)
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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.