Finian McGrath (Dublin North Central, Independent)

I welcome the debate on the Criminal Justice Bill because it is particularly important in view of the issues of crime and justice in society. I strongly support the urgent need to change provisions in respect of policing and justice issues and to deal with crime and its causes. We must bring improvements to our legislation and I welcome any positive developments to that end. However, this change must also be mixed with common sense and respect for human rights. This is why I have concerns about sections of the Bill.

When one considers the words "criminal" and "justice", it is essential we remind ourselves that we are dealing with anti-social behaviour and the drugs crisis as well as the use of firearms and other criminal matters. It is important that we deal with these issues in a professional and objective manner. My concerns about the Bill include, for example, the issue of the period of detention being increased from 12 to 24 hours.

I also have major concerns about the use of electronic tagging because I believe it is a step in the wrong direction. People should not be fixed with tags to sit in their house and do nothing about a crime for which they are responsible. Instead, serious community service orders should be imposed to deal with these issues, a view the public broadly supports since it is an effort to repay society for damage done to it. A number of projects of this nature have been initiated in Northern Ireland and elsewhere and have proven effective in dealing with petty crime in particular. There is nothing wrong with people repaying their debt to society and making up for their crimes by helping the community in some way. This work could help a project in the person's own community, whether it involves dealing with disadvantaged pupils or people with disabilities. These are important parts of the justice system which could be made more effective. Furthermore, from a financial point of view, it could also save a great deal of taxpayers' money.

When one is dealing with crime and justice issues it is essential that we are constantly vigilant about human rights issues. There is no contradiction in this position. People who raise human rights issues in this society and the broader political world are often dismissed by sections of the media as being soft-left liberals. However, if the core values of human rights are not enshrined in legislation, no favours are being done for the broader society. I appeal to the Government to listen to the voices of those who have a genuine respect for human rights. I do not want to see legislation passed that includes elements which might be associated with a South American right wing junta. Having visited parts of South America, I know how abuses of human rights have occurred and have made the situation in particular countries much worse. I am aware of this from discussions with members of the Red Cross and other international bodies.

When one examines the details of the Criminal Justice Bill, one can see that it proposes a number of amendments to the criminal law, particularly in the area of criminal investigations, which will enhance Garda powers in tackling crime. It will generally improve the efficiency and effectiveness of the criminal justice system. The Bill takes into account the recommendations of the expert group appointed to consider changes in the criminal law as recommended in the report of the steering group on the efficiency and effectiveness of the Garda Síochána. Some excellent ideas came from the expert group. I welcome its interest in the whole idea of efficiency and effectiveness, because these are the key words in the legislation. The biggest complaint I receive from constituents on the north side of Dublin is about the efficiency and management of the gardaí. There is much respect for gardaí on the beat and there is much respect on the north side of Dublin for members of the drug squad, for example. Over the past couple of years, millions of euro worth of drugs was confiscated in the Coolock and Dublin North-Central areas of my constituency. I commend the gardaí involved in these activities because they also played a major role in saving lives and getting many firearms off the streets in the north side of Dublin. However, this does not mean we cannot deal with issues. While one should focus on examples of good practice, it is also essential to highlight weak practice and bad management.

Section 4(1) of the legislation proposes that where a member of the Garda Síochána is in a public place, or any other place under a power of entry authorised by law or to which or in which he or she was expressly or impliedly invited or permitted to be, he or she may, pending the giving of a direction under subsection (3), take such steps as he or she reasonably considers necessary to preserve any evidence of, or relating to, the commission of the offence. The steps which may be taken are specified in subsection (4). I refer to this section in light of a particular case I was asked to raise with the Government and the Minister for Justice, Equality and Law Reform. I am referring to the death of a man in Birr, County Offaly. I will not name the person out of respect for the family. The family is very concerned about the way that case was handled. They feel the job was not carried out professionally. The scene was not preserved properly and they feel there are serious questions regarding the death of this man. The family believes their brother was murdered and this situation must be cleared up. The State pathologist's report stated that the post mortem examination of the body showed an injury to the back of the head which was bleeding. The injury was a laceration, a skin split due to blunt force trauma. Such an injury can be caused by a blow to the head but it is probably more commonly due to a fall and would be consistent with the head striking a projecting surface, for example, the corner of an item of furniture. The family is convinced that not sufficient research and investigation was carried out in the case. I raise the case because it is proper that victims and families are listened to when people's deaths are investigated.

On the broader issue of crime and justice, we must deal with children who are involved in crime. The reality is that 65,000 children are living in severe poverty. Within that figure, 200 to 300 children living in violent and dysfunctional families are at risk and need our help. We will not do these children any service if we do not try to intervene and do something for them at an early age. I am talking about pre-school age and primary school level, particularly junior infants, senior infants and first class. There must be intervention at an early age, otherwise we will lose these children forever. This is a major issue which is not taken very seriously in the broader criminal justice area. We should listen to people on the ground, particularly primary school teachers, who are sending out the message throughout the different parts of the city and the State that there are children at risk who need our help. This would not just help these children, it would save taxpayers money in the future because many of these children will otherwise end up in Mountjoy.

This should be examined. I appeal to the Minister to listen carefully to this message. I also appeal to the Minister for Education and Science to listen to the people who work on the front line dealing with some very sad and difficult cases. There should be some sort of an allowance to retain quality teachers in schools in disadvantaged areas. The biggest complaint I receive from people on the ground is that we are losing many quality people. We should consider rewarding people who are creative and who are committed to the education of children in schools in disadvantaged areas because they have a very valuable role to play in society.

Section 23 provides that a member of the Garda Síochána who has reasonable grounds for believing that a person who is not less than 18 years is committing or has committed an offence under section 5 of the Criminal Justice (Public Order) Act 1994, that is, disorderly conduct in a public place, may serve on the person personally or by post a fixed charge notice. Section 23 raises the issue of anti-social behaviour. This is a regular complaint at clinics and public advice centres of all public representatives.

I welcome the debate on crime and justice. I hope there is a debate on the broader issue and that we will tackle the causes of crime. I hope we will deal with anti-social behaviour, the drugs crisis and the lack of help for children at risk.

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