Paudge Connolly (Cavan-Monaghan, Independent)

The Minister of State was probably too young to remember. Also people who spit and swear and play loud music and wearers of skimpy clothing have been the subjects of ASBOs imposed by the courts. I do not know if courts have a role in terms of the attire people wear. There has been an increasing tendency to ban people from doing precisely the kind of things people used to do while saying, "it is a free country". Some of the laws we are attempting to introduce can lead to accusations of the State becoming a nanny State. We have got to be careful of that. It reinforces the notion that we are being intrusive and so on.

There are many excellent youth programmes in Ireland which seek to deal with the underlying causes of anti-social behaviour. However, they are invariably grossly underfunded and, therefore, unable to achieve their full potential. The Minister for Justice, Equality and Law Reform and the Government should tackle the root causes of anti-social behaviour and deal with non-criminal behaviour exclusively through non-criminalising methods. They should tackle the fact that many communities have minimal or no play and recreational facilities for children. Some 46% of local authorities do not provide playgrounds. An interesting statistic is that Ireland has twice as many golf courses as play grounds. I am a member of a golf club and every time there is a price increase there is pressure on people to leave those facilities. Even in the well-heeled K Club when there was talk of increasing the fees there was a suggestion that it might have to go back to being a playground.

The lack of adequate funding is causing youth clubs to close, with thousands of young people deprived of outlets in which they could be gainfully occupied. We have one of the highest rates of child poverty in Ireland where one in seven children has been described as living in abject or consistent poverty. This shows we should provide for these people.

Among the amendments introduced by the Minister is a proposal for electronic tagging of offenders. Electronic tagging has enjoyed a phenomenal rate of success, particularly in the US and the UK, with a 2% to 3% rate of re-offending. In the fight against anti-social behaviour and crime, it has proven to be extremely effective but the circumstances of its use are somewhat obscure.

At its annual conference a few years ago the Association of Garda Sergeants and Inspectors pointed to the excellent results being achieved with electronic tagging in other countries. The president of the Association of Garda Sergeants and Inspectors called for the use of electronic tagging to protect the public from dangerous offenders such as convicted sex offenders. The conference also suggested the tagging of serious offenders on early release, thereby protecting potential victims while monitoring those on release until their time was up. The representative groups say these are successful. The cost of keeping an offender in jail for one year is €55,000 while a tagging device at a cost €4,000 would have paid for itself in a period of four weeks. Given the value for money and the fact there will be no re-offending this deserves consideration.

Given the high level of success achieved elsewhere, it would be eminently feasible to use tagging in the case of first-time offenders, thereby easing pressure on over-crowded prisons. A spell in prison is a stain on the record of a young first-time offender and is frequently the prelude to a life of crime. If tagging was instrumental in the rehabilitation of such offenders, enabling them to stay out of prison and be integrated with their community, its success would be compounded.

I note the Minister stated it was his intention to draw up proposals to provide for the establishment of a DNA databank. This is a bank in which most of us would not wish to have an account but that does not mean there are no dividends. It would certainly prove to be an asset in helping to solve hundreds of crimes each year. A suspect is not necessarily always guilty. The fact that DNA taken from suspects detained would be available could help prove their innocence if the courts relied on DNA evidence. Given that DNA cannot be replicated, al-Qaeda would have a major problem with it. The power of DNA is indisputable. Its reputation for accuracy has become so widespread that many juries are reluctant to convict without DNA evidence. The development of as extensive a databank as possible would have to have regard to the requirements of the European Convention on Human Rights and also the Constitution. As yet we do not have a national criminal DNA databank while the criminal fraternity can avail and make use of all the latest developments in technology. A strong and effective DNA databank would be of tremendous benefit to the criminal justice system. Not alone would it assist the Garda in identifying persons who have committed crimes but it would also serve to exclude innocent persons who have been wrongly convicted.

The DNA databank would have a number of purposes including the deterrence of potential repeat offenders — if it succeeded in that objective it would be a massive achievement; the promotion of the safety of the community; the detection of when a serial offender is operating; assistance in solving old and cold cases; streamlining investigations and exonerating those wrongfully convicted. It is clear from evidence in other jurisdictions that the more profiles included in a DNA databank, the more effective it is. DNA evidence has an immense effect on the criminal justice system with the real potential for the reduction of miscarriages of justice.

It is important to achieve an appropriate balance in weighing the competing interests of the security of the person, the privacy of the individual and the public interest in compiling a strong and effective DNA databank. It has also been suggested that DNA testing might make the transition from solving crimes to deterring them. If it helps in this regard it would be excellent.

Earlier in the debate reference was made to fireworks. This issue raises its head regularly in a Border constituency like mine. Some shops in Northern Ireland sell the proper kite-marked fireworks but a customer must have a licence to purchase them. It is like buying ammunition for a sporting gun; the licence must be produced and note taken of to whom the fireworks are sold. However, people are getting around the regulations and they obviously have sources where they can buy their fireworks. They can then set up shop on the side of the road in Northern Ireland. When travelling from my home to Dundalk or Cavan, it is necessary to pass through concession routes. These people seem to be allowed to operate in this way in Northern Ireland. If we have co-operation between police forces why is nothing being done about this matter? Do the authorities in Northern Ireland know that because the fireworks are being bought by people from the South it will not affect them? Each year at Hallowe'en time we hear of the damage that unregulated fireworks can do. I could drive into Northern Ireland and fill my car with fireworks. I am sure that carloads of them are coming to the South. We have no way to deal with the issue. They sell the products on concession routes or other strategic locations in Northern Ireland. We should raise this matter with our colleagues in the context of cross-Border meetings. Even if I went into a regular shop and the shopkeeper guessed I was from the South, I would have no difficulty buying them. This area needs to be reviewed.

Section 11(1) will empower the Garda to photograph all persons arrested even if they are subsequently released. Some Garda arrests will be made in error and in such cases the photograph and its negative should be destroyed. While Garda powers should be extended we need to be careful about how they might be misused. We have seen Garda powers misused in the past and we want to avoid a recurrence.

See this speech in context