Joe Higgins (Dublin West, Socialist Party)

The Criminal Justice Bill 2004 purports to be an act to amend the powers of the Garda Síochána in relation to the investigation of offences. In fact it is a typical Progressive Democrats, Fianna Fáil response to problems of crime in our society. Essentially, it addresses the issue of crime or criminal behaviour in some sectors by giving more generally repressive powers to the Garda Síochána and the State. No analysis has been done of alternative means of effectively responding to crime and creating a society where crime would be the exception rather than the rule.

There is a frightening meanness and cruelty in some of the crimes catalogued in the media on a daily basis, as perpetrators come before the courts. Undoubtedly, people who are guilty of such crimes need to be taken out of society for a period and, one would hope, rehabilitated or retrained so that they can live again in society as an asset rather than a destructive force. However, what is never analysed is that the meanness we see perpetrated by certain people, in a criminal fashion, mirrors the meanness of the philosophy by which the Progressive Democrats and Fianna Fáil dictate many negative trends in our society today, particularly with regard to the governance of economic affairs and the rules governing the economy, property and income.

We have a very narrow definition of crime. It is a crime to mug a person or to break into somebody's home and steal. These should be considered serious crimes. However, it is not a crime for a corporate entity to rob hundreds of workers of their livelihood in pursuit profit. It is not a crime for Irish Ferries to replace 540 permanent workers on trade union rates of pay and conditions with semi-bonded labour on semi-slave rates. What is the subliminal message the philosophy the current Government and elements of the business establishment send out in this regard? This type of immorality and criminality sets a headline for those who cannot aspire to such methods of exploitation. These people are not in the corporate board rooms or in the board rooms of the financial institutions, but they are equally greedy as those who are. Their methods, which would be considered in the media to be venial methods, include mugging, robbing and imposition on one's neighbours, often in working class communities. The Bill deals with that narrow understanding of what crime constitutes in society. Many of its provisions attempt to deal with a very narrow concept and narrow range of crimes, but those provisions have serious repercussions for the wider society generally and, in particular, for the civil rights of the majority in society.

Section 5(1) gives the right to a garda superintendent to issue a search warrant to members of the Garda to enter and search premises. I am very concerned about this. Section 5(1)(a)(6) means that when the gardaí enter under the authority of a search warrant given by a superintendent, they can require any person present where the search is being carried out to give to the member his or her name and address and if one refuses, one is guilty of a criminal offence. If this power had been given to that element of the Garda who were responsible for horrendous invasion of people's rights in Donegal over an extended period, to what end would this power have been used? Even if we remove a motivation which is as venial as the activities of a certain element of the Garda in Donegal, we can see how a provision such as this could be used as a general trawl for information, including information about people who had no hand, act or part in crime but in whom the gardaí might be interested for their own reasons, or for reasons other than the alleged reason for a garda superintendent being provided with a search warrant.

Section 8(c)(i)(bb) extends by 100% the length of time a person can be detained in a Garda station before being charged. If one takes the rest period, it means the length of time one can be detained in a Garda station will be extended to a potential 32 hours or almost one and a half days. I am very concerned about this. Other organisations with a human rights remit are equally concerned. Some recent examples are to be investigated whereby people came out of Garda stations, allegedly damaged, and perhaps even fatally so, as a result of what transpired within the precincts of the station. Doubling the time, which is unnecessary, increases the possibility of such occurrences.

Section 29 is extraordinary. It gives a garda the right to impose an on-the-spot fine. This is an incredible provision whereby ordinary members of the Garda are now being given judicial powers. They will not have to go before a judge or a District Court to prove anything. They can decide immediately that one is guilty of breaking the Criminal Justice (Public Order) Act 1994 and impose a fine. I have not seen the fine referred to anywhere. I do not know the amounts it is proposed to impose if the Bill is passed. It is particularly outrageous, considering that it is imposed under sections of the 1994 Act that are incredibly impressionistic in the criteria by which an offence is said to have taken place. Section 5 of the 1994 Act indicates that it shall be an offence for any person in a public place to engage in offensive conduct. "Offensive conduct" means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour. It was a shameful day when this was passed and the Labour Party and Fianna Fáil carry responsibility for this. The Minister of State, Deputy Lenihan, who regards himself as being in the more liberal wing of Fianna Fáil might like to revisit that section.

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