John Perry (Sligo-Leitrim, Fine Gael)

I concur with the comments of my colleague, Deputy Jim O'Keeffe, when he expressed his dismay at the unfortunate habit of the Minister for Justice, Equality and Law Reform of bringing legislation before the House before he has finished writing it. In the middle of its passing, he then proceeds to introduce substantial amendments which either add significantly to the scope of the Bill, as in this case, or change what it originally set out to do. The raft of legislation introduced encompasses so much. No doubt updated criminal justice legislation is needed but it should be considered and thought through, not like the patchwork of proposals the Minister, Deputy McDowell, has put before the Oireachtas.

At the Oireachtas Committee on Justice, Equality, Defence and Women's Rights, the Minister stated that he did not believe he would pass two criminal justice Bills. Instead, he has combined one and a half bits of policy in one Bill, with the result that it does do the job properly. This Bill covers everything, from firearms, to explosives, to electronic tagging, to increased powers for the Garda Síochána.

Fine Gael has already made its position clear. There should be a separate Bill to deal with the serious issues of firearms. Deputy Naughten made a valid point on the significant number of licensed firearms held by property owners throughout the country; he referred to firearms held illegally and used to commit the increasingly common crimes that we associate with the term of this Government, and to explosives which cannot be treated satisfactorily in an appended section to a Bill designed to deal with almost everything else. The Minister's ego should no more interfere with the proper enactment of legislation than should his fear of being imminently put out of office.

In so far as there is a need for legislation like this, elements of this Bill are to be welcomed. At a time when crime — irrespective of how the Minister, Deputy McDowell, chooses to assess it — is at unprecedentedly high levels, it is vital that we, as legislators, take steps to tackle the issues that affect so many citizens in an intimate and intrusive way on an all too frequent basis.

With regard to crime levels and the number of gardaí on the streets, the Minister missed an opportunity to improve the situation by allowing gardaí retire at the age of 50 after 30 years service. Many gardaí would stay in the service if they got any sort of a deal. As a result of this retirement provision, we have lost an experienced section of the Garda Síochána. They could have been rostered on day shifts but they got no incentive to remain in the force. There has been a huge exodus of talented gardaí who could have been kept.

There is much in this Bill to cause concern, such as the changes the Minister proposes to make to the process by which arrest warrants are issued. On one hand the Minister has failed to deal with current issues of confidence in gardaí and on the other, he wants them to issue arrest warrants in urgent circumstances. This is a superfluous provision as gardaí have never had difficulty in obtaining a search warrant because of the lack of someone to issue it. Members of the Judiciary have been known to issue such warrants from their living rooms at midnight if circumstances require it or it is urgent.

This Bill proposes to provide value for money by the creation of a new controlling officer and it is proposed that the Garda Commissioner will be the new Accounting Officer. This is necessary, particularly when we consider the debacle this week regarding computer technology. It is quite extraordinary that only one in four Garda stations can use the PULSE system considering Ireland has some of the best technology world wide. It is not rocket science. Let us consider the example of the national lottery system and its interactive games that are found in every town and village in the country. It is extraordinary that technology that pays out cash prizes instantly has been in place since 1987 but, after all the money spent on PULSE, only one in four Garda stations are connected to it.

With regard to the current debacle in the computer system used by the health services, the system is a German software system that is one of the best in the world. The difficulty was with the implementation rather than the software and with the management and integration of the system in health boards throughout the country.

I am quite certain the software for the PULSE system is also top class. People may get the impression the Government is blaming the software, but that is not the problem. It is extraordinary, however, that there is a problem with the integration of software. Therefore, with responsibility lying with the Garda Commissioner as Accounting Officer, rather than with a Secretary General, there will be more accountability for the significant Garda budget.

This week we saw the appalling state of a Garda station on television. When we consider the lack of investment and disparity of conditions in which gardaí work, the number of Garda stations that have been closed and the lack of gardaí on the streets, it does not surprise me that crime and anti-social behaviour are at the level they are. Unfortunately, when it comes to policing estates effectively, the Garda does not have sufficient manpower. The level of management and control are understandable given that the number of gardaí rostered on duty at any given time is low.

The technology used by gardaí contributes to crime levels. Despite the excellent technology in the country, gardaí still use mobile phones. The criminal element in the country are quite capable of knowing enough to keep ahead of gardaí and to intercept and eavesdrop on what is being discussed. It is not good enough, considering the amount of taxpayers' money spent, that we have not got a better system in operation.

The Minister mentioned bringing volunteers, as in the manner of the FCA, into the Garda Síochána. I am not sure if his plans include bringing back people who had retired or people would just volunteer to join the Garda. I cannot see how this will work in regard to their effectiveness and powers or if they will be trained to the same standard as current members.

Some Garda stations are in an appalling condition. I welcome the new development planned for Ballymote. Gardaí have operated in appalling conditions there for the past 30 years. Although it is a district station, it did not even have a detention area for prisoners or interview facilities. Not before time, this much needed project is going to tender.

I cannot see the need to extend the power to issue arrest warrants to Garda superintendents. I am not aware of any call for such a measure from gardaí nor am I aware of any complaints about the current system having been made by the Judiciary. It is also unclear from the Bill under what urgent circumstances the provision would be necessary or why there is a problem with the current system which operates in a transparent and accountable fashion.

Furthermore, I am concerned that section 5, which allows Garda superintendents to issue search warrants, may be open to constitutional challenge as it appears to infringe on the inviolability of the home as enshrined in Article 40.5 of Bunreacht na hÉireann. This inviolability is seriously diminished by this provision. Notwithstanding the separation of powers, this is a major change for the Judiciary and will cause significant concern among people involved in the Courts Service.

It may be outside the remit of this Bill, but it is not good enough that some people who attend the Four Courts, who may have engaged top legal teams, may have their case deferred or that they be left waiting months for a judgment to be made because the judge on the day has decided to take the afternoon off.

I am also very concerned that the Minister has not exercised care in terms of his proposals for arrest without warrant. We must be extremely careful about proposals to restrict the liberty of individuals. Only in specific and limited circumstances should gardaí be free to arrest people without a warrant. This is a provision that requires close examination and a careful balance. On one hand there is a need to give gardaí the powers they need to enforce the law and bring criminals to justice, and on the other, the rights of the individual and the presumption of innocence.

Other concerns are the treatment of people in courts, bail conditions and, as we heard from the Comptroller and Auditor General, the inability to collect fines. In Dublin alone, millions of euro are owed in uncollected fines. Some people make a part payment and the remainder is invariably left unpaid. This again is the result of an inadequate technology facility. It is extraordinary that the nation that is second in the world for software production seems to have an inability to incorporate the latest technology in these areas. We pride ourselves on having the best educated workforce in the world but when it comes to the provision of State services and the ability to dealing with matters in a businesslike manner, we fail dismally. This is disappointing considering the perception of Ireland abroad as a prosperous and successful business country.

If one examines the report of the Comptroller and Auditor General dealing with court services, or the Garda report that has been mentioned, one will note that there is a great deal of criticism. The Comptroller and Auditor General has criticised the massive deficiencies in two key areas. I welcome the decision to give the Garda Commissioner total responsibility in this regard. I note the accountability provisions relating to how taxpayers' money is spent.

The Irish Human Rights Commission has expressed concerns about the proposal in the Bill to amend the Criminal Justice (Forensic Evidence) Act 1990 to allow the Garda Síochána to take a swab from any part of a person's body. Deputy Naughten has spoken about this matter. The commission has raised the constitutional issue of the right to bodily integrity. I am aware that the courts have yet to explore the issue fully. I have raised it at this stage as something that needs to be examined closely. I do not doubt that the Minister, Deputy McDowell, will make a comment on the matter. We should not enact a provision that is unconstitutional or interferes unduly with the right of an individual to bodily integrity.

The Minister has provided in this Bill for a change in the limitation period within which certain prosecutions may be brought. There are concerns that he has shown some inconsistency in this regard. I ask him to provide a more complete explanation of the rationale behind the proposal in section 24, which needs to be explored.

This is an important Bill in light of the inquiries which have taken place throughout the country, particularly the inquiry into the fallout from the various difficulties in County Donegal. The proposals to give increased powers to the gardaí and to devolve autonomous power to the regions need to be considered in that context. I suppose there has been a slight redefinition of certain aspects of how the gardaí will operate in the future. It is important that the proposals are made totally clear. There should be no ambiguity about what needs to be done. We need to ensure there is value for money, efficiency and accountability. I am concerned about the number of Garda stations and the level of gardaí on the streets.

I would like to discuss the level of undetected crime that affects businesses. It is clear to those who watch television programmes like "CrimeCall" that most businesses are investing heavily in security systems such as CCTV cameras and night safes. Such facilities are par for the course as a consequence of the level of violent crime in pharmacies, supermarkets, licensed premises and hotels. Those who are assessing the level of risk in the services sector are trying to get inside the criminal mind. I am concerned that the State does not recognise sufficiently the level of private sector investment in facilities to help to control crime. Such recognition could take the form of tax incentives or benefits which assist those who are investing in equipment to maximise the safety of private enterprise. The Government has failed to take action to increase the current low level of such investment.

Many companies are employing private security guards to help them out. There has been an increase in the number of private security guards. We have not heard much about the private security firms Bill in recent times. We need to decide how such firms should interact with the Garda. The Minister for Justice, Equality and Law Reform has spoken about the recruitment of voluntary gardaí to work in an honorary capacity, with expenses being paid to them. It is important that we reflect on the manner in which private security firms are established. I am aware that such firms are the subject of another Bill, but the matter should be considered in the context of the legislation currently before the House. We need to ensure there is independent regulation of private security firms.

I am concerned about the Government's U-turn in section 31. I refer to the minimum age of criminal responsibility. The Children Act 2001, which was quite progressive, provided for a minimum age of criminal responsibility of 12 years. The Minister has failed to bring the relevant section of the 2001 Act into force and he is now trying to amend it by reducing the relevant age to ten years. This matter merits more discussion. Perhaps the Minister could use his time better by bringing existing legislation into force, rather than unilaterally trying to rewrite it.

There was an extraordinary level of attendance at the public meetings which were organised by Fine Gael at venues throughout the country to debate the big issue of anti-social behaviour. Many people expressed a sense of dismay at the increase in such behaviour. It seems that any member of the Garda who applies to the courts for an anti-social behaviour order to be imposed will have to be of the rank of superintendent, at least. Strict Garda guidelines on the appropriate use of anti-social behaviour orders will need to be drawn up by the Garda Commissioner, approved by the Minister and laid before the Houses of the Oireachtas before the new powers can be deployed.

Anti-social behaviour will continue to be one of the big issues among people who have invested heavily in communities. I suggest to the Minister that far more community gardaí be employed. The Minister has discussed the possibility of district superintendents working actively with local authorities, but that is not happening. The voluntary sector has done huge work. Garda sergeants, inspectors and superintendents should be actively involved in communities. We are all familiar with the outdated police watch and Garda watch schemes. The Garda authorities need to get involved with members and officials from local authorities, as well as representatives of local communities. I refer, for example, to people who give up their free time to work with sporting and community organisations on a voluntary basis. That such co-operation is not taking place is evident when one considers the level of unrest in many areas.

I would like to cite the example of a major nursing institution in Sligo. The management of the nursing home in question is seriously considering the closure of the facility as a consequence of anti-social behaviour in its vicinity. Although such behaviour is being reported to the Garda on a constant basis, nothing has happened. The facility, which can accommodate 50 patients, has just 27 patients because the Garda is not getting involved. Although there is huge demand for nursing home places in the region, just 27 of the 50 places in the nursing home are occupied. Serious consideration is being given to the closure of the institution, which is a major provider of nursing home facilities in the Sligo region, because of a lack of co-ordination on the part of the Garda. People are being intimidated when they visit the nursing home, which is located in an area that suffers from many anti-social behaviour problems. Cars have been damaged and unbelievable acts of injustice have been perpetrated against the people who own the nursing home, which is one of the region's major assets. It is not good enough.

There is a major problem of anti-social behaviour in this country. We need more gardaí, more community involvement in policing and complete integration on the part of the gardaí who are dealing with crime on the ground. Those who perpetrate criminal acts need to be dealt with by the courts and fined accordingly.

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