Seán Power (Kildare South, Fianna Fail)

We have had a good and lengthy debate on the Bill and I thank all Deputies who contributed. Although there are differences in emphasis from different sides of the House, I am pleased to note that there is broad agreement on the need to update our law to provide a more effective response to modern crime.

As the Minister, Deputy McDowell, said last February when presenting the Bill, it is an important legislative proposal. It contains an essential updating of our law to ensure that criminal offences can be investigated and prosecuted in a way which is efficient and fair and which meets the needs of modern society. The provisions of the Bill get the balance right between effective State powers and guarantees concerning fundamental rights and respect for the rule of law.

The Minister wants to ensure that the Bill brings as much added legislative value as possible to the fight against crime. He therefore intends to bring forward some additional proposals by way of amendments to the Bill during its passage through the House.

It will be obvious from his approach that the Minister intends the Bill to reflect contemporary needs fully. It includes a provision to deal with participation in organised criminal gangs in addition to provisions to strengthen the existing sentencing provisions for drug trafficking and firearms offences. Its provisions also include a drug offenders register and new offences of supplying drugs to prisoners and possession of an article with intent to commit certain offences. The Bill will also allow for the electronic monitoring of offenders. New provisions will allow courts to suspend, partially suspend or adjourn sentences on conditions which will motivate the offender to stay away from crime or deal with issues giving rise to offending. The Bill also includes new provisions to deal with anti-social behaviour in addition to proposals for the establishment of a criminal law codification advisory group which will advise on the drawing up of a criminal code and monitor its implementation.

Other provisions include a new offence relating to attacks on emergency workers, a provision to clarify the jurisdiction of District Court judges in the issuing of warrants and a provision to clarify the meaning of the word "torture" as defined in the Criminal Justice (United Nations Convention Against Torture) Act 2000. The need for the latter provision arises from a judicial review application on a deportation matter. The Bill will also include proposals to tackle the illegal use of fireworks. Further amendments to the Firearms Acts will address matters arising from recent court judgments on the process of certification for the possession, use and carriage of firearms and ammunition, and the penalties for firearms offences.

The Minister proposes to give effect, by way of amendment to this Bill, to one of the key recommendations in the Ferns inquiry report, namely, the creation of a new criminal offence of engaging in conduct that creates a substantial risk of bodily injury or sexual abuse to a child or failing to take reasonable steps to alleviate such risk. The amendments the Minister will propose will necessitate a change to the Long Title of the Bill.

Deputies will recall that the Minister presented an outline of his proposals on these matters to the Joint Committee on Justice, Equality, Defence and Women's Rights on 7 September to inform them more fully of his intentions as well as giving members of the joint committee an opportunity to raise matters with him which they considered needed to be addressed in the Bill. The Minister intends to bring these proposals to Government shortly and, subject to the approval of his Cabinet colleagues, will send them without delay to the Human Rights Commission and the joint committee.

My colleague, the Minister of State, Deputy Brian Lenihan, expects to bring proposals to Government in the near future to amend the Children Act 2001 to provide for anti-social behaviour orders for children and to secure the implementation of the Act. The intention is to provide for these amendments to the 2001 Act by way of amendment to this Bill. The Minister will propose these amendments to this Bill to optimise the opportunities in this legislation to ensure the maximum protection for our citizens. This approach is being adopted to ensure that this legislation can be utilised fully for maximum protection against crime. Deputies will appreciate the Minister's concern in this respect and, consequently, their full co-operation is being sought.

Recently, the Minister published the latest provisional crime statistics furnished by the Garda Commissioner. While the year-on-year statistics show a continued decrease in the incidence of headline crime, the Minister is concerned about the increase of 0.4% in the first three quarters of 2005 compared with the same period last year as well as the 5.5% increase in figures for the third quarter of this year compared with the same quarter last year. We must all continue our efforts to combat incidents of crime. The Bill is part of the answer to the challenges posed by crime in our communities.

Additional legislative provisions can only ever be part of the answer. A well resourced police force is critical and in this regard I highlight that the Garda budget, at more than €1.1 billion for this year, is greater than it has ever been. Ministers will continue to fight for increased resources. Furthermore, the strength of the force has reached a historic high and is rapidly expanding to its target, approved by the Government last year, of 14,000 by the end of 2006.

In drawing up the proposals in this Bill, the Minister has been conscious of the importance of balancing the rights of the individual with the rights of society as a whole. In this respect, he has had regard to the protections of our the Constitution and the requirements of the European Convention on Human Rights. In addition, the Minister sought and was glad to receive the observations of the Human Rights Commission. He has taken these into account in as far as possible.

Hand in hand with the availability of extra Garda powers such as those provided by the Bill, there must be a mechanism for independent supervision of how these powers are exercised. The legislation must be seen against the introduction of the national scheme providing for the audio-visual recording of interviews with persons detained in Garda custody under certain detention provisions, which will include those proposed in the legislation when enacted.

The Bill must also be seen in the context of the Garda Síochána Act 2005. That legislation, which comprehensively reforms the law governing the force, will establish the Garda ombudsman commission to investigate independently complaints or allegations of wrongdoing. The Act will also establish the Garda inspectorate which will assess independently the effectiveness and efficiency of Garda practices and procedures and benchmark them against best performance internationally. The Minister will proceed with the establishment of these bodies in the coming weeks.

On the proposals for a comprehensive reform of the law concerning firearms, section 30 of the Bill provides for the secure custody of firearms and requires all applicants for firearms certificates to satisfy the Garda superintendent to whom the application is made that they have provided secure accommodation for the firearms. A number of Deputies raised concerns about making provision for this in the Bill. They also expressed the view that a wider and more comprehensive range of amendments to the Firearms Acts are required which should be included in a more comprehensive firearms Bill. The Minister is proposing a wider range of amendments to the Firearms Acts which will form a separate and distinct part of the Bill and which will encompass many of the issues raised by Deputies in the course of this debate.

Before briefly outlining the proposals which it is intended to bring forward on Committee Stage, I thank the many sporting organisations involved in shooting, particularly the National Association of Regional Game Councils and the Shooting Sports Association of Ireland. They have engaged constructively with the Department in the development of a number of these new proposals. Over the years, members of all these shooting organisations have demonstrated an extremely responsible approach to their sport. Their excellent safety record in the handling and use of firearms bears testimony to this fact.

Government amendments on Committee Stage will insert a new Part in the Bill to deal with a series of provisions amending the Firearms Acts 1925-2000. The proposed amendments also involve moving the present section 30 to this new Part. The new provisions will allow the Minister to deem certain firearms as restricted by reference to specific criteria, including the calibre, action type and muzzle energy of the firearm. Any person wishing to obtain a certificate for a restricted weapon must in future apply to the Garda Commissioner.

The new provisions will also increase fines and penalties relating to offences generally under the Firearms Acts as well as creating mandatory minimum sentences of between five and ten years for certain firearms offences. These offences include possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle, and use or production of a firearm to resist arrest. In addition, the new provisions introduce a new offence of modifying a firearm, such as shortening the barrel of a shotgun, converting a de-activated or replica firearm into a live firearm, modifying a firearm to fully automatic and increasing the calibre of a firearm.

The new provisions provide for decisions on firearms certificates to be issued within a minimum statutory period, introduce a statutory right of appeal to the District Court of decisions on certificates, introduce a new type of certificate which will allow young persons to be trained in the use of firearms for sporting purposes, introduce a new power for the Garda Commissioner to make guidelines or guidance notes for the uniform administration of the Act, and provide for the authorisation of rifle and pistol clubs and shooting ranges.

The Minister intends to introduce a statutory basis for an amnesty during which firearms may be surrendered to the Garda Síochána before new penalties and minimum mandatory sentences are introduced. This will enable those in possession of firearms who are not in compliance with the legal requirements to regularise their position and thus enable the Garda Síochána to concentrate on more serious offenders.

I sincerely thank Deputies for their contributions on Second Stage. The Minister will reflect on this debate further and if he considers it appropriate to bring forward amendments to deal with any of the issues raised, he will do so. The Minister has heard a number of contributions and the points made by other Members will be brought to his attention. I commend the legislation on which I accept there are different views. I believe the enactment of the legislation will ultimately be for the betterment of society.

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