Dáil debates

Thursday, 6 October 2005

Criminal Justice Bill 2004: Second Stage (Resumed).

 

2:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)

This is an important debate. Clearly, many parties have the same views on issues. What is happening in all our communities, particularly in disadvantaged ones, is indicative of what is happening in our society. On the one hand, there is the Celtic tiger but on the other, there is the Ireland of poverty, unemployment, drugs and of communities, predominantly working class ones, which have no infrastructure, are concrete jungles with no playgrounds and which are without care. There are communities which rarely see a garda except on official duty or in a garda car. We are losing touch with a significant section of our community by not putting the resources into it. Those resources would come from the Departments of Justice, Equality and Law Reform, Education and Science and, in particular, Environment, Heritage and Local Government. The message we must send to the people is that the Parliament cares and will act and do more to support communities in need.

A reality of modern life is that young people are growing up in communities who often never meet one of their parents. The other parent in the home is working or is always out or perhaps there are other issues involved. Young people are growing up who have no sense of responsibility or of belonging because they do not see anybody who is a model of what one might call the traditional type of caring parent or who demonstrates caring behaviour. That is why there are gangs on the street and people who lose control on a Friday night as a result of drink and become extremely aggressive. We need to address that. This Bill addresses some of the issues which arise but not others.

Many living in these communities fall into the drug culture. I recently spoke to an individual, formerly a heroin user, who was in drug rehabilitation through a useful and important community group. When I asked him why he did heroin, he replied it was the only good experience he and his fellow users ever had in their lives. It physically did something for them as there was nothing else for them in their communities. From recent reports on heroin seizures, the Garda is effective in going after the drug barons and dealers. However, more quantities are being seized, an indication of greater consumption of this and other drugs. We are not doing enough to deal with this issue.

I acknowledge the fine work done by the Dublin Drug Court. Has the Government extended it to other areas in the Dublin metropolitan area? While the Dublin Drug Court took up much time and investment, I was privileged to sit in on the debates on issues with social workers, the Garda and the judge to see the intensity, commitment and powerful drive the court has in dealing with these issues. It is a fine day when a former drug user sits besides the judge to receive the acknowledgement that he or she is now drug-free and a different person. When one meets these people and their families, they are extremely happy to have beaten drug addiction and something new is happening in their lives. They are also happy there was an intensive investment from the Government and State agencies into managing their lives.

Hopefully, they can manage to stay drug free. However, for an individual with a conviction for heroin abuse who has been through the courts, there is a stage in his or her life where he or she may wish to change. What can this individual do with a record of conviction when looking for a job? Many employers will not take on people with convictions. If a person is drug free for a minimum of seven years, backed up with evidence from the Garda and social services, he or she should be allowed to apply through the courts for the conviction to be wiped, allowing for a fresh start. Recently a person attended my clinic who had served a five year term in jail for a serious drug offence but who was now trying to get his life together. While the post release social support services in Mountjoy Prison were helpful to him, he still could not get a job. He told me he would be forced to commit another offence simply to earn a living. While I am not being soft on crime or drugs, more support services are needed for those who leave the prison system, no matter how serious the conviction, who have paid their dues to society and want to take up their lives again. They can come under severe pressure from their former associates to return to crime. The individual I referred to was in an appalling state. More ought to be done for him seeing as he had paid his dues and wanted to lead a proper life.

This morning a lady in an appalling state attended my clinic and showed me photographs of what was formerly her home. Windows were broken, doors smashed in and the place was a total mess. When I contacted the social worker, she informed me she could not deal with it because the housing officer had not asked her to. There needs to be more effort in tackling issues where there are social problems, tenants living in appalling conditions and families with serious issues. We are not simply doing enough in this area. While this lady has an appointment to meet the social worker next Monday, I do not know what will happen in the interim.

To tackle crime, we have on the one hand the courts, the Garda and the justice machinery to work out these problems. On the other hand, we must do much more to support those communities in need, particularly those where historically individuals drop out of school without qualifications and fall into drug use.

When the Criminal Assets Bureau seizes the property of drug barons, it must be retained for seven years before it goes into the State coffers. Fine Gael and Labour recently put down a motion, rejected by the Government, which sought to have the moneys seized by the Criminal Assets Bureau returned directly to those communities affected by crime rather than used for filling potholes and paying for a computer mess-up in the Department of Health and Children. The proceeds of drugs and crime seized from those individuals who live off the backs of others in their communities must be spent directly in those communities. This money must pay for community halls and other resources that these communities do not have. The return of the proceeds of crime must be related directly to the communities from which they are taken.

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