Dáil debates

Tuesday, 18 October 2005

Criminal Justice Bill 2004: Second Stage (Resumed).

 

6:00 pm

Jerry Cowley (Mayo, Independent)

I am glad to speak on this Bill and it is an important subject. "Prime Time" tonight will discuss the case of a Donegal taximan who was killed by a car driven by a young man who had been seen drinking earlier that night. Although the young man was subsequently apprehended, he was not breathalysed. This is indicative of the types of situation occurring within our laws that are very wrong. I have much respect for the Garda Síochána and its work, but past and ongoing cases such as the Donegal example highlight where the law is not upheld. With regard to the case on "Prime Time" tonight, I wrote to the DPP asking why the young man was not breathalysed even though he had been seen in a disco drinking that evening before the unfortunate taximan was mowed down, leaving a wife and young family behind him. These cases should be addressed.

It often appears that two laws exist, one for the less powerful people on the ground and another for richer or more powerful people. In rural areas, we often have difficulty getting enough gardaí to patrol an area. However, there is currently no shortage of gardaí in Rossport, County Mayo. When Advantica was sent there to carry out an assessment on behalf of the Minister for Communications, Marine and Natural Resources, there were around 60 gardaí in the area. The members of the company were amazed to find the locals were reasonable, law abiding citizens who were engaging in a peaceful protest and they could not understand how the services of 60 gardaí were required. There has been spin by Shell to insinuate that these people were other than law abiding citizens. Having visited those men in jail during their 94 day stay, it was useful to see what an excellent prison service we have and how hard the officers work, often without the support they need from the Government. It is hard to understand how the Rossport five were in jail for 94 days when we consider that Shell, after 79 days, is only beginning to take apart the pipeline that it illegally constructed. As the laws of the land favour the rich and powerful, Shell was able to be in contempt of the ministerial order for 79 days. Those brave men were imprisoned for 94 days and are back in court again tomorrow.

This is a society that would deprive people of adequate numbers of gardaí. The Government does not promote balanced regional development, but ensures people fill the urban areas and does not then provide them with the supports that they need in those areas. The Government then makes much noise about anti-social behaviour orders. Instead of giving young people the supports and services that are needed to control anti-social behaviour, orders are enforced which criminalise acts which are anti-social but not criminal. In turn, these young people end up with a criminal record, are brought into the system and castigated as criminals. They are stigmatised and this cannot be right.

So much money has been wasted. In my area, we are still looking for basic services. Some years ago, the Government gave the Garda a helicopter to assist in the fight against crime. When the then Minister for Justice, Equality and Law Reform, Nora Owen, granted the provision of this service, she made the point that it was for gardaí to identify the perpetrators of crime on the spot. Yet in this country, people have died on the side of the road giving birth to children for lack of services in their own area. A man with a bleeding ulcer died because there was no service available in his own hospital. Hospitals are being downgraded and are being deprived of the facilities they need to provide an adequate service. A reputable group such as the Royal College of Surgeons will then state that such a hospital in not providing services according to essential standards. What choice does this organisation have when the Government deprives the local hospital of the services it needs?

A report was published some time ago stating a helicopter emergency medical service was essential and should be rolled out on a North-South basis, yet the service is still being denied to the people. People such as this gentleman are ill——

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