Ms Jane Mulcahy:

I wish to speak about domestic burglary because the Bill has passed Second Stage and it causes me some concern. In his book The Culture of ControlDavid Garland states that in recent years distinctive policies have been developed that aim to reduce fear levels rather than to reduce crime. I suggest that the burglary Bill is symptomatic of such a policy. It has been born out of the perception and the reality that burglary is a very intrusive crime that causes damage in individual's lives. In looking at the law, we have to see whether it will have the desired impact. Will it mean that people in rural Ireland will sleep safer in their beds at night if we introduce such a law? It is setting the definition of a prolific burglar at a very low level. A person who has one conviction and two pending charges is setting the bar truly at a very low level. If judges decide to adhere to this standard, it will, undoubtedly, have quite negative effects on our prison population. It will mean that more people will be remanded in custody and this will have a knock-on effect of undoing much of the good work that has been done recently by the Irish Prison Service to stem the use of temporary release as an emergency measure, a safety valve. If all manner of domestic burglars are being remanded in custody who otherwise, in previous times, would have been granted bail, there will be an impact. I question whether the impact assessment has been carried out but, if not, it should be, because there is a need to be able to demonstrate that society will, in fact, be safer; if it is not, it is just talk. It might appeal to voters at election time but really this is a serious issue that will have long-term consequences.

I reiterate the points about trying to deal with some of these problems at the front end by having some bail supports and ensuring that people turn up to trial. Some people have such chaotic lives that they do not remember that they are meant to turn up when their case is listed for mention. Wrap around supports can be of assistance. If they have nowhere to live, remembering to turn up to court is the least of their worries so anything that can be done to improve compliance with conditions should be done.

I also suggest that there is a tendency to have an over-use of too many conditions. Particularly for people at the lower end of the spectrum, we need an individualised approach.