James Breen (Clare, Independent)

The Bill's explanatory memorandum states, "The Bill proposes a number of amendments to the criminal law, particularly in the area of criminal investigations, which will enhance Garda powers in tackling crime and will generally improve the efficiency and the effectiveness of the criminal justice system". If this is proved to be true I would generally welcome such a move. We are now living in a society with high crime rates, a general sense of fear for their safety among ordinary decent people and a sense of fearlessness among thugs who feel they can do what they like and get away with it. We have to do something to improve this situation. The implementation of this Bill could do something to help but I feel it is not enough. We need a real change in society and society's reaction to crime and crime prevention.

The Bill concentrates on areas of criminal investigation and enhancing the powers of the Garda, but it does nothing in addressing the causes of many crimes. It does nothing to promote a community response to crime and its causes. It does nothing to address educational issues to assist in crime prevention and it does nothing to offer support to any groups other than the Garda in the area of crime prevention.

The Government has once again attempted to introduce legislation to tackle important issues in our society but such legislation is of no use unless the necessary resources are put in place to support it. We have been barraged by a series of reforms in legislation only to hear from relevant Ministers afterwards that they do not have the money to provide the necessary resources. Almost every question asked of a Minister in this Dáil is given the answer that while the Government is considering taking action it does not have the resources or finance to deal with the problem. Such a response is becoming a sick joke. When will the Government realise that it needs to provide the necessary resources for any such legislation to be effective?

People in housing estates in many parts of Ireland are living in fear because of intimidation by groups of thugs who control the streets in such estates. People in my constituency in such places as Kilrush and Cloughleigh in Ennis are living in such fear. They are being held prisoner in their own homes by thugs who are involved in all sorts of anti-social behaviour and other crimes in the area. They are afraid to go out at night for fear of being attacked. They are afraid their cars will be stolen or set on fire, that their houses will be robbed or burned down and most of all they fear for the safety of their families and loved ones. These decent people feel they are powerless to do anything about crime in their areas.

The Bill is designed to increase the power of the Garda in its investigation of crimes in the belief that this will lead to more convictions and thus to a reduction of future such crimes. I feel this is a mistaken belief because the Government is not supplying the Garda with the additional resources it requires to combat crime in these areas. We need additional gardaí on the beat in housing estates throughout the country. People need to feel safe in their homes in the knowledge that gardaí are patrolling their areas. The Garda needs funding to provide the additional resources associated with additional staff.

There is also a need for additional resources to be provided to those sections of the Garda, such as community gardaí and juvenile liaison officers, who do valuable work in crime prevention and reduction and, in co-operation with other agencies such as the youth service and local community groups, offer real opportunities for participation in society by some people who could otherwise become involved in crime. Great work is being done in these areas but they are sadly under-resourced and the introduction of new powers of arrest will do nothing to help them. They need funding and resources to do their jobs and I call on the Government to increase their budgets in the areas of crime prevention and crime reduction as a matter of urgency.

If we can educate people to live in any way that shows respect for other people and their property and encourages the entire community to play an active part in society, then we will have a significant reduction in anti-social behaviour and crime in housing estates.

Crime is not only of concern in housing estates. It is of major concern in rural areas too. Elderly people, particularly those in isolated rural areas are in constant fear of their homes being broken into, robbed, of being beaten or even killed by mindless thugs who have no respect for anyone. The Government has systematically worked towards the withdrawal of services from rural Ireland, by reducing the number of gardaí and the availability of health services and attempting to get rid of services such as the postman calling to homes, which not only provided a postal service but a source of personal contact for vulnerable elderly people in isolated areas. The Government needs to act on these issues and to show respect for elderly people who worked all their lives to make this country what it is today. It is a disgrace that elderly people now feel that we are too mean and too caught up in corporate Ireland to care for them and ensure that they feel safe in their own homes. It is ironic that this Bill devotes much space to defining the place of a crime when we all know that the Garda Síochána does not have sufficient resources or manpower to patrol such places of crime. It would be better if the Government spent our money on patrolling the places of crime rather than on defining them.

It is vital that we start with the root causes of many of the crimes that plague our society today and that we approach the issues from many angles. Provision of greater powers for the Garda Síochána, as outlined in this Bill, is one such angle but is useless on its own and will not have the desired effect. If we do not adopt a wider approach we are wasting our time with piecemeal legislation. We need to provide sufficient resources for those involved in the fight against crime. This includes the Garda Síochána, youth organisations and caring organisations that work with the authorities in the provision of educational, recreational and social programmes which promote the social inclusion of people who are effectively excluded from mainstream Irish society. We must provide adequate resources for those who work with children, in particular, to ensure that the younger generation can grow up in a society where they feel a sense of belonging, responsibility and respect.

According to Ms Norah Gibbons, director of advocacy with the Irish children's charity, Barnardos:

Children tend not to commit particularly serious or violent crimes. This does not mean that when a child is involved in criminal activity, it should be ignored. All children involved in offending need assistance as do their families. A recent study commissioned by the Department of Justice and compiled by researcher Sinead McPhillips of the Irish Association for the Study of Delinquency, involving the detailed files of over 50 young people appearing before the children's court in Dublin, showed:

∙Delays of up to two years in dealing with cases of young people appearing before the Children's Court — effectively delaying any official action to change any of these young people's behaviour

∙Children appearing before the court tend to come from the most deprived parts of the city and from difficult family backgrounds i.e. where there had been a breakdown in the relationship between parents, where there were no parents or where there was a criminal record in the family

∙Educational disadvantage was also a significant problem with three out of four having left school before the age of 16

Ireland needs to provide a range of services to its children and young people if we want to avoid the consequences of a divided society with those who are on the outside feeling they have no stake in our now wealthy society. This means the Government honouring its commitments to end child poverty and initiate a comprehensive early years programme, ensuring children who are not benefiting from our education system can do so.

Diversion from the formal system remains the most effective way of dealing with most children and young people who offend. We can do what years of research and experience tell us is effective and works or we can move towards an increasingly punitive environment for children who offend. Children under 12 committing offences is more a symptom of us as adults and parents and government failing them.

We need to ensure that we do not fail these children and that adequate resources are provided for those who work with them. It is a pointless exercise passing legislation if the Government does not provide the necessary resources to implement legislative provisions. The Youth Work Bill 2000 is an example of such practice, where the relevant legislation has been passed into law but youth services are still waiting for money to be provided to implement its provisions. That is a damning indictment of this Government.

Bearing in mind recent revelations regarding Garda misconduct, I have some concerns about increasing the powers of gardaí in situations where they are the sole or main arbiter of petty crimes or social order offences. The Bill empowers gardaí to issue, without appeal, on-the-spot fines, with a refusal to pay leading to criminal prosecution. I am also gravely concerned with the proposal to revoke a citizen's right to withdraw a statement which may have been made under duress or intimidation. I understand the reasons behind such a move, as evidence in recent court cases where people who had previously given statements appeared to suffer gross amnesia, but a denial of rights to all our citizens is not the way to solve that problem. A better method should be found.

The Government should rethink its approach to crime and adopt a position that includes the provision of adequate resources and funding for those involved in upholding the law, that is the Garda, and those involved, in association with the Garda, in crime prevention. The Government must ensure that adequate resources are in place before enacting legislation such as this. We need a fuller debate in this House on law and order, in light of recent events relating to the abuse of power by some members of the Garda Síochána and in light of the disgraceful lack of resources which is preventing the relevant groups from carrying out their work effectively.

See this speech in context