Finian McGrath (Dublin North Central, Independent)

I welcome this important legislation but before I refer to its contents and make a number of suggestions, I thank and commend the Minister for Justice, Equality and Law Reform on his handling of the case of the Nigerian student, Olunkunle Elunhanla, who is being allowed to return to his studies in Ireland. It is not a sign of weakness when somebody in political office stands up and accepts he or she made a mistake, and many Members will support this sentiment.

Policing is a significant issue. Society has major problems and policing and crime are at the top of the political agenda because it is time to address these serious issues. The Garda should always be professional and accountable and, above all, it should work for the community with the support and respect of the community. The Garda needs the confidence of the people but it must earn their respect to gain their confidence. Those of us who have experienced varying levels of quality of policing services will always recognise that when gardaí focus on their jobs, they gradually build respect. This usually results in less crime and a more open society.

The Minister and the commissioner must be part of the debate. Honesty and integrity are needed in policing as opposed to hearsay. However, while all the legislation in the world can be passed, the people on the ground must implement it properly and fairly. This applies to all services, including those provided by nurses, teachers, firemen and other professionals. Those who provide such services must be dedicated and committed, and this is a crucial element of criminal justice legislation.

I refer to the proposed changes in the Garda and in crime prevention. I hear the following comments on a regular basis at my clinics: "At present there is no visible police patrol in our area", "There is a lack of a consistent visible police presence in the community" and "Garda foot patrols are a must". People want a visible Garda presence on the streets both day and night. They believe that a squad car driving around an area occasionally does not prevent crime. Research has shown that 70% of public order incidents occur on weekend nights. This important information is provided by the public, to whom we should listen.

People drink and smoke hash openly in flats in my constituency. Garda data show that 70% of recorded public order incidents occur between 10 p.m. and 4 a.m. Drug addicts inject themselves in public places in Dublin, a sight which causes distress to members of the public who feel threatened by such overt drug abuse on the streets and a perception of lawlessness often ensues. It is also horrific that 63% of women in a survey, as opposed to 49% of men, felt they or someone in their household might become a victim of crime.

The Bill has two main objectives. One is to reform the law relating to the administration and management of the Garda, in particular, the respective roles of the Garda Commissioner and the Minister. This follows from a 2002 report on performance and accountability in the Garda, which was developed under the strategic management initiative and recommended significant reform. The other main objective of the legislation is to provide for the establishment of an independent body to be known as the Garda Síochána Ombudsman Commission. An Agreed Programme for Government contains a commitment to establish an independent Garda inspectorate, which will have the power to investigate complaints. The primary function of the commission will be to investigate complaints by members of the public against members of the Garda and it will replace the Garda Síochána Complaints Board, which was established under the Garda Síochána Complaints Act 1986.

Recently three incidents in my constituency were raised at my clinics. First, there was an armed robbery of a local shop during which €6,000 was taken and the female shop owner was absolutely traumatised by the events. Second, the elderly in my community are constantly intimidated and threatened with violence. Third, off-licence staff have been regularly attacked and threatened. They are often blamed for selling alcohol to minors but they are often threatened by them. Such staff are constantly physically threatened and their cars are damaged. A total of 27 attacks have taken place in my constituency recently. These issues must be highlighted.

Section 16 provides for the establishment by the Minister of a code of ethics for the Garda, which will be incorporated into its disciplinary framework. The purpose of the code is to lay down standards of conduct and practice for members of the Garda and to make them aware of their obligations under the European Convention on Human Rights. This is an excellent section because it places an emphasis on human rights. Those of us who regularly stand up for human rights are often labelled as being soft on crime, which is a myth and misrepresentation. I have encountered a scandalous scenario where a Fianna Fáil councillor who works for the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Deputy Noel Ahern, has distributed leaflets in my constituency which state that my contributions in the House support criminality. That is a load of nonsense.

I challenged the Minister of State and his hack on Dublin City Council about this disgraceful leaflet. They have a brass neck to lecture me on recent developments in Northern Ireland and on my contribution to the peace process. I will always defend human rights to the maximum. I challenge the Minister of State to stop hiding behind a local councillor when such leaflets are distributed in my area. They have a brass neck to lecture me on human rights and on my commitment to the peace process. The record of the House speaks for itself.

The Bill will involve a power-sharing partnership in which the community and the police will work together to address the underlying factors leading to crime. I refer to core principles which should be adopted. We need to intervene early to prevent people going off the rails and doing harm to victims, the community and themselves. I support restorative justice. It can provide victims with an understanding of the offender, which removes much of the fear while giving them the satisfaction that justice has been served. It also provides offenders with a sense that the legal process seeks to be helpful and treats them fairly.

Section 31 provides that the Minister may issue guidelines for the establishment and maintenance by the local authority and the Garda of a joint policing committee.

I welcome the debate because it is important. I urge the Minister to listen to the sensible views on the Garda Síochána and policy generally. We must have accountability and one person, one job. We must focus on the Garda as a profession. We must have promotion on merit. We need honesty and we must reach out to the community. Only then will we have a top-class Garda Síochána and a quality policing service.

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