Dáil debates
Wednesday, 20 April 2005
Garda Síochána Bill 2004 [Seanad]: Second Stage (Resumed).
1:00 pm
Billy Kelleher (Cork North Central, Fianna Fail)
I welcome the opportunity to contribute to the debate, which is timely in the context of the broader debate on the role of the Garda in society and societal changes. Reference has been made to anti-social behaviour and other issues, to which I will refer later. There is a strong bond of trust between the Garda and the public. The Garda has served the State well since its inception and during difficult times the force's loyalty to the State was very much to the fore in preserving law and order and in ensuring the integrity of the State's institutions was protected at all times. That must be highlighted continually.
Comparisons have been made with other police forces. As a Member, I travel around the world and meet other parliamentarians. Following these contacts, it is evident the Garda has great integrity and few people can claim it has experienced endemic corruption, unlike other forces, even within the European Union. The payment of on-the-spot fines has led to corruption as drivers have avoided speeding fines by putting a few euro in their driving licences when they are stopped. Such a practice cannot be associated with the Garda.
The force's achievements must be highlighted, particularly in regard to crime. I pay tribute to Mr. Adrian Culligan and all Garda members in Cork who have over the years remained steadfast in the fight against organised crime and criminality in general. As a result, Cork experiences few gangland murders and the heroin epidemic and attendant crime has been avoided. This is the result of the hands-on approach of the Garda in Cork, which has ensured this insidious epidemic has not spread to the city. The heroin epidemic has caused major problems in Dublin and it has spread to provincial towns. The heroin drug trade, which is the source of organised crime, gangland killings and turf wars is not evident in Cork.
However, abuse of other drugs is a problem in Cork as in other areas. That must be tackled not only by the Garda but through education and encouraging people to stay away from drugs. Strong advertising campaigns are needed similar to that used to counteract the consumption of alcohol by those under the legal age and binge drinking so that the insidious, negative aspects of drug use are highlighted. We cannot be complacent, but I acknowledge the efforts of the Garda in Cork in this regard.
I refer to the Garda ombudsman commission. The debate is a worthwhile exercise. A number of tribunals of inquiry into the workings of the Garda in certain parts of the State have been held and they have dented the public's confidence in bringing forward complaints against Garda members. If people are to take a positive view of the Garda, an outside body such as the proposed commission to investigate complaints against members of the force is necessary. The commission will benefit the Garda as well as the public, as it will ensure transparency and accountability. There is a perception that people are afraid to make complaints against members of the Garda. This is divisive and damaging in the context of community policing, to which I will refer later.
People should have confidence in the Garda but, equally, they should be able to make a complaint against a member of the force without fear of recrimination, safe in the knowledge that the complaint will be investigated thoroughly and independently and, more importantly, that when findings are produced, actions will be taken. The commission's precursor was the Garda complaints board, which stated that changes would have to be made in the way complaints against the Garda were addressed.
As society changes, difficulties are experienced, particularly anti-social behaviour in urban areas, which is an increasing problem. To be successful in addressing anti-social behaviour, the individuals involved must be turned away from this behaviour and from criminality generally at an early stage and the Garda must examine its community policing function in this context. An assistant Garda commissioner should be appointed with responsibility for community policing. Such policing is effective but, unfortunately, it is a little haphazard because strong structures are not in place. Gardaí involved in community policing point out that if they want to advance their careers and put themselves forward for promotion, they cannot engage in community policing for long periods because promotion will not come their way. A group similar to the proposed traffic corps should be established for community policing. This will allow officers to become heavily involved in the community. They could live in the community while availing of promotional opportunities and they would not be seen as the bridesmaids of the Garda.
Gardaí who are involved in all facets of community life, including sports clubs, help to create a strong bond between the Garda and the public. Anti-social behaviour is experienced in estates throughout the State and there is evidence that a Garda presence is lacking in them. Gardaí are only seen at night in a car or if there is a major disturbance. However, they must be visible within the community at all times if this problem is to be addressed. That is why the community policing issue must be explored in its entirety.
Teachers can pinpoint at an early stage youngsters who will drop out of school and will end up in court and prison. An integrated approach involving gardaí, home-school liaison officers and school attendance officers could pinpoint these young people at an early stage. That could happen if the Garda Síochána, through the community policing system, was closely involved in sporting and soccer clubs and also attended schools. I remember visiting schools where a police officer would speak and outline the workings of the Garda Síochána. However, that is done on an ad hoc basis. I speak of targeting police at communities where there are difficulties and putting forward the positive side of their calling. We do not want them to be seen as the enemy, but unfortunately in some communities that is the case. We have had a rise in vigilantism in certain parts of the country, although that is obviously being encouraged by certain elements for other reasons of which we are all aware. Wherever there is a vacuum, this issue can arise.
The recruitment campaign is evident at present, and there is talk of increasing the police force to 14,000. The majority of new members should be involved in community policing. That would be seen as a positive opportunity for members of the Garda Síochána too. I do not like the idea that one becomes involved in community policing for a few years but then gets out of it quickly and returns to the mainstream to deal with and investigate crime to advance one's career. That must be addressed.
There is no continuity in community policing. A member of the force is appointed as a community police officer for several years, a vacancy arises elsewhere, and that person is moved on again. If there were a community policing structure in every division and a promotional pyramid right up to the position of assistant commissioner with special responsibility for the field, that would have a great impact in the years following.
I have referred to anti-social behaviour. In Chapter 4 there is a reference to it regarding co-operation with local authorities and arrangements for obtaining the views of the public. There is not a public representative in this House who has not been on to the local sergeant or superintendent regarding problems in estates. Often the problems are because of bad planning and design as well as high unemployment and other issues that eat into the fabric of society. Local authorities' housing policies must be examined if we are to have proper community policing, something that I hope will become more evident in Government policy as we move forward and recruit more gardaí. Designing communities and putting people from the same demographic, age profile and family make-up into a single area while moving others elsewhere does nothing for the integration and cohesiveness of society.
I have long made a proposal to the city council in Cork which it has taken on board to a certain extent. This was not simply because I proposed it since it was obvious to all public representatives. The proposal was that every area should have an integrated mix of elderly people, lone parents, single people and families because, for example, it would give support to a lone parent who would be able to get assistance and advice from a person who has raised a family. The supports that existed long ago are missing in some areas because they consist of one demographic or group. That is something local authorities have been slow to address. They continually build housing units in the same style and manner as they have done for years. There has been a slight change but such change must take place more rapidly. In future, when allocating houses, local authorities must take into account the population make-up and consider whether there might be too many of a certain age profile or family make-up in an area. This should be done in a positive manner to ensure a proper make-up in communities everywhere.
It has been proven beyond doubt that where one has a group of similar people from whatever age profile, it creates great difficulties. For example, if all the people in an area are elderly, they cannot take advantage of the assistance of a young person when going shopping, getting the bus or keeping the garden clean. All these issues depend on people interacting with other age profiles. The local authorities must address that. Section 33 reads:
A local authority shall, in performing its functions, have regard to the need to take such steps as may be practicable to assist in the reduction of crime, disorder and anti-social behaviour within its area of responsibility.
That is defined in Chapter 4, but local authorities should be instructed, through Government policy or otherwise, to ensure that the points that I have highlighted are taken into account when they make policy decisions on housing, the development of new estates or the rezoning of land.
On the debate regarding anti-social behaviour orders, there is no doubt that orders must be addressed on several fronts. I will travel to Leicester in a few weeks to view at first hand anti-social behaviour orders that have been working there. On the face of it, where they have been enforced and resources given to the police and the local authorities, as in Leicester, they seem to have been positive and to have had a major impact on the reduction of anti-social activity. If we are serious about addressing such behaviour, we must introduce some proposals that will remove the thugs and hooligans.
Many people miss this point. It is important that, if one is dealing with the "gurrier" element in a group of people — if there are 15 on an estate, only one or two might cause major problems — by and large, they intimidate other younger people and bully them into getting involved in anti-social activity. It is therefore not simply a matter of dealing with the individual but about ensuring that, by removing someone and dealing with him or her fairly, one discourages others from getting involved. We are all aware of situations where one or two hard men in an area bully others into getting involved in such things as under age drinking, binge drinking and, perhaps, drugs and petty crime. The same is true of anti-social behaviour and we must address that quickly.
We are not talking about people between the ages of 19 and 23 but those who are 12, 13 or 14. They make life a misery for large sections of communities, especially in urban areas where gangs of youths congregate in corners of estates, alleyways or outside community centres and playgrounds to intimidate others. The argument is always made that we do not have enough facilities for young people, and we certainly always strive to ensure we have more. That said, there are situations where youths hang around outside community centres where free games might be available to them along with floodlit soccer pitches and tennis and basketball courts, yet they are outside causing problems, intimidating young people and discouraging them from partaking in such activity.
On Chapter 7, the Garda Síochána's international service through co-operation with other police forces and the United Nations has expanded in recent years and many members of the Garda Síochána have travelled overseas to work with the United Nations in Cyprus, Kosovo and elsewhere. They give a very positive profile to the Garda Síochána abroad. More importantly, the expertise they gain through learning from other police forces should be encouraged. We also welcome the idea of members of the PSNI being able to work in the Garda Síochána in the Republic because they have vast experience of other forms of criminality which are prevalent there. With the advance of terrorism and other forms of organised criminality worldwide, they would also be able to give advice and bring expertise to bear on the Garda Síochána in dealing with such activity.
I wish the Bill well. I hope the proposed Garda Síochána ombudsman commission will reassure those who have complained that the public has a lack of confidence and trust in the Garda Síochána. The Garda deserves the restoration of trust in the way it has served communities and the country as a whole since its inception.
The Minister for Justice, Equality and Law Reform needs to address community policing issues in a serious and coherent manner. If we are to establish a traffic corps, perhaps we should consider establishing a branch of the Garda that has a positive community policing role. Gardaí should be allowed to take pride in that role, build expertise in the area of community policing over a number of years, benefit from promotional prospects within the community policing service, build a strong bond with educational and sporting bodies, for example, by visiting schools, and ensure that there are no barriers between the Garda and the public. Such a system of community policing would ensure that young people have a healthy respect for the force and understand that the Garda patrols local areas to ensure that communities are safe from anti-social behaviour.
I hope some of the points I have made will be taken on board, not only in the context of the Bill before the House but also in the context of the Government's future policy.
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