Tony Gregory (Dublin Central, Independent)

The briefing material relating to the legislation presents it as "a comprehensive package of anti-crime measures which will enhance the powers of the Garda in the investigation and prosecution of offences and generally provide for improvements to the operation of the criminal justice system". Aspects of this anything but comprehensive Bill may be useful in that they will focus attention on the need for changing strategies to deal with, on the one hand, organised crime and, on the other, anti-social behaviour, which is an increasing problem in many of the local urban communities I represent.

However, if we had a fairer and more equal society, the number of crimes we experience, including those relating to organised gangs and local issues, would be much reduced. The Progressive Democrats philosophy on social inequality is a significant contributory factor to some of the crime problems experienced. This is particularly true of drug related crime, organised or otherwise, and the increasing anti-social behaviour. Disadvantaged inner city areas and larger urban suburbs where disadvantage is concentrated are the areas that experience the highest levels of this type of criminal activity. Thanks to the views expressed by the governor of Mountjoy it is no secret that a disproportionate number of prisoners come from these same areas. This does not happen by chance but is a direct result of the extreme inequalities in our society. Although the Minister for Justice, Equality and Law Reform is not present, he told us that one of the tenets of the Progressive Democrats is that inequality is good for the economy. Inequality is a destabilising factor of major significance that contributes to levels of crime in our society.

I refer briefly to some measures in this Bill. The briefing document refers to detention of up to 24 hours for arrestable offences. To the public this may seem necessary and reasonable. Are safeguards in place to ensure this measure is not abused? The Minister has not helped us to understand this issue. We await a decision from the Minister on an inquiry into the Dean Lyons case in which an innocent man was charged with the Grangegorman murders following his detention by gardaí. We have discussed the details of this case on many occasions in this House. I have pursued this matter with a reluctant Minister, much like the previous Minister for Justice, Equality and Law Reform, Deputy O'Donoghue. Both appear to wish the case would disappear rather than doing the responsible thing by investigating what happened to Dean Lyons. The case did not go away. A recent move, having a senior counsel examine Garda papers on the case, had to be dragged out of the Minister. We are still no wiser about what the Minister will do.

I took grave exception to an answer received to a parliamentary question tabled inquiring about the Minister's intention to take action following examination of Garda papers by a senior counsel. The reply stated the Minister was examining the matter. This answer displays the usual contempt for questions from Members of this House. The following morning, the details sought in my question appeared in great detail on the front page of The Irish Times. There was no problem leaking this to The Irish Times but these details could not be provided to me. This follows a pattern in this case. The Evening Herald has more success getting details from the Minister than Members of this House have when they table parliamentary questions. This is not the manner in which to treat Dáil procedures, nor is it the way to treat elected Members of this House when they table questions of importance.

I refer to a recent case in my constituency in the context of the Minister's proposal of increased detention powers. I know the family of the late Terence Wheelock, who died tragically following his detention in a Garda cell. I do not wish to rush to judgment but changes must be introduced to ensure there is absolute transparency when a prisoner sustains fatal or serious injuries in a Garda cell.

That Mr. Wheelock sustained serious injuries in a Garda cell is not disputed, the manner in which he sustained them is. Why were detailed medical findings not released to the family and its legal representatives? This was the entitlement of the family and it would help clear the air. Instead, questions about this case are mounting.

Why was the scene of the fatal injuries not treated with the same care as a crime scene, given that he died from injuries in the cell? I do not suggest a crime took place, nor do I make any judgments on the matter. The man sustained serious injuries and subsequently died and a Garda investigation is now complete, with findings to be sent to the Minister. Why was the scene not preserved pending the outcome of the investigation? It is extraordinary. Critical items in the cell were relocated and the cell was swept clean. It was swept clean as methodically as the Provisional IRA cleaned up the scene at the bar in Belfast after murdering Robert McCartney. I am not comparing the two events but why was this done, thereby contributing to the mounting disquiet about the case? The scene of the fatal injuries was not preserved pending completion of the investigation, thereby contributing to the fears of the family.

When I raised this matter I was told the cell had to be prepared for other prisoners and the gardaí wanted to avoid hazards for other prisoners. We are so short of Garda cells that we could not keep one Garda cell closed until an investigation was completed. The Garda authorities took the decision to clean and renovate the cell, relocating items critical to the determination of the cause of injuries sustained by the young man. We have not heard from the Minister on the results of the Garda investigation yet he is pressing ahead with measures to increase detention powers. That is not acceptable. Only when the safeguards are in place should the Minister extend hours of detention where it is reasonable and necessary.

I will refer to some other measures, many of which are not in the Bill, a point made by Deputy Joe Higgins, but will be added to it. That is not the best way to stimulate debate. I note, for example, that there will be provision to strengthen sentencing for drugs trafficking. That is something for which people throughout the area I represent have been calling with very good reason, given the devastation drugs has caused in my constituency.

In that context, in recent weeks we have seen the re-emergence of heroin in flats complexes and areas of the north inner city where gardaí have made significant seizures of heroin. These areas were devastated by heroin in the 1980s and 1990s and we all hope we will not have a repetition of that in the area in the next year or two but the reality is that heroin has re-emerged, and the evidence exists in Garda seizures.

Even more alarming are the recent seizures, at least five or six, of crack cocaine in a variety of locations but concentrated in the north city area of Dublin Central. That is largely within a section of the Nigerian community but we all agree that crack cocaine is something we can do without. I have been critical of the Garda drugs strategy in the past but in this instance the Garda drugs unit in Store Street has been very active and successful. I hope that will continue.

In that context, we all accept that the ten-year mandatory sentence provision has fallen flat on its face. I argued at the time that it should have been specifically focused on heroin because that would have put it up to the Judiciary to implement it where appropriate. A training course for some members of the Judiciary, perhaps even an in-service training course where they would have to spend some time in communities scourged by drugs, might be more productive than new sentencing provisions.

On the Minister's proposal for new provisions to deal with anti-social behaviour orders, ASBOs, there is no doubt in my mind that a great many people in some urban communities are increasingly frustrated and infuriated by anti-social activities from out-of-control gangs of youths. I was at a meeting in part of my constituency in the Cabra area last night where the community is making efforts, through a community policing forum, to confront that issue. I am involved in a community policing forum in the north inner city that is equally active on this issue and many other issues in the community.

People who live in disadvantaged areas are probably far more conscious of anti-social activities than anyone else because they usually bear the brunt of them. Laneways, street junctions, open areas and, ironically, even playgrounds can be the worst locations, particularly at night. In many instances the elderly and more vulnerable people living alone are fearful of even going out at night. A good deal can be done about that problem but the issue is not helped by the scarcity of community gardaí locally, despite the Government's often quoted promise of the extra 2,000 gardaí that did not materialise. Even where gardaí are present, they say this is a difficult issue to handle. I have been involved in discussions with them on many occasions and they appear not to have any effective strategy or any strategy in mind to confront this issue. We hear constant complaints from residents that when the Garda is called a patrol car eventually arrives, circles the area, drives off and there is no redress for the people living there who are left with the intimidation and harassment.

In my experience it is usually only in areas where there is an active and strong residents group or a community policing forum made up of the residents, the gardaí, the city council and so on that the Garda is called to account, the resources put in place and some attempt made to tackle the problem. Even then, gardaí claim their powers are limited when those involved are not adults. The result is that a small number of out-of-control youths can cause havoc in an area. Against that background, in theory at least, the ASBOs would appear to have a part to play but the difficulty is how they are utilised by individual gardaí, that is if the gardaí are present in the first place or available in sufficient numbers on the ground to tackle the problem.

There will be dangers in the use of ASBOs if it is in the absence of better Garda training and a coherent strategy when dealing with the anti-social activities of teenagers in particular. As far as I am concerned, the ASBOs are not the answer but they may be a small part of the answer. More is required and sufficient numbers of gardaí working in the community and providing a presence when they are needed must be the starting point. We must have accountability but we will only have that if we have organised and well run community policing fora in areas. It is in the areas where there is a partnership between the community, the gardaí and the local authority that these issues can begin to be addressed. In the absence of that type of action, the ASBOs will not work.

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