Dáil debates

Tuesday, 28 March 2006

Criminal Justice Bill 2004: Motion.

 

6:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

I would prefer to see it in another Bill. The Minister seems to be shovelling everything into this Bill, making another Bill unlikely during his term as Minister for Justice, Equality and Law Reform. If there is to be another Bill I call for it to be brought forward quickly because the database is an essential tool in the fight against crime.

The Minister refers to anti-social behaviour orders as if they alone were the answer to anti-social behaviour. I do not object to ASBOs. I have reviewed their operation in other countries and believe they have a minor role in dealing with the problem. I am concerned that the Minister, having made the case for and introduced ASBOs, will sit back and consider his job done. That would be the wrong approach. I have always believed that we need a comprehensive approach to anti-social behaviour, which has become a worrying phenomenon in our towns, cities and estates today. I referred to the increased crime rate since Fianna Fáil and the Progressive Democrats came to power in 1998 but the enormous increase in anti-social behaviour has not been recorded. I do not have figures, but anecdotal evidence from every town and estate makes it clear that there has been an enormous increase. That is why the comprehensive approach, advocated by Fine Gael in its 30-point programme, is needed to confront anti-social behaviour.

I and my colleague, Deputy Kenny, the leader of Fine Gael, have recommended dealing with the issues separately, such as by the introduction of a separate firearms Bill, which I proposed a year ago. The existing Firearms Bill goes back to 1925 and needs to be updated but the changes proposed in that area are a mere add-on to the Criminal Justice Bill. It would have been far more sensible to address it separately. Another opportunity was missed in the amendments to the Explosives Act, which goes back even further, to 1875.

As I said at the outset, Fine Gael has always been associated with law and order and I am happy to continue that association as spokesperson for the party. However, I put more emphasis on order than law. We must fill legal loopholes and we will approach this Bill at its relevant stages constructively. We will try to ensure that necessary amendments are made but I am worried that the Bill contains such a hotchpotch of measures that it will not receive the detailed treatment it needs. There is no point enacting provisions unless they have been carefully examined and we can be sure they will constitute the most effective way to deal with the issues under discussion. Given the vast number of amendments we are confronted with, that may not be allowed to happen. At the very minimum we must ensure that adequate time is allowed to tease out the proposals on Committee and Report Stages. It is very important that there is no guillotine to aspects of the Bill. I invite the Minister to give a commitment in that regard, because if he does so he will get constructive co-operation from my party to ensure we have legislation that is as effective as possible.

There is a danger that, even if we are able so to do, the Minister will lapse into his self-congratulatory mode, believing his own rhetoric and refusing to accept that closing loopholes in the law is only a minor part of the fight against crime. The shootings and murders we have witnessed in the past year or two will not be dealt with merely by changes in the law. A clear message must be sent to hardened criminals that there is a good chance they will be prevented from breaking the law and committing violent crime, and if they do, there is a good chance they will be caught and there is every chance they will end up in jail. Unless this fear exists I do not see such people taking any notice of arcane debates in this House or in committee meetings or changes to the law. The only way to confront these people is to ensure the Garda Síochána is properly resourced and equipped with manpower and equipment to pursue these criminals day and night. Unfortunately, that is not happening at present and that is what concerns me about this motion.

This concern was accentuated by the Minister's opening remarks in which he congratulated himself on the low crime rate and the fact that it is falling. Crime is not low here and it is not falling. The Garda Síochána does not have the resources to properly confront crime. I wish to see the necessary resources made available and I will support any changes to eradicate loopholes in the law but not at the cost of ignoring the basic problems outlined above. Resources and equipment should be made available and used to maximum effect through proper rostering, intelligence-led policing and ensuring a police presence at the right time and place. That has not been addressed sufficiently.

I do not oppose the motion and am pleased these provisions will be debated in committee. The Opposition will constructively table amendments and ensure the proposals are adequately debated. The Minister has chosen to put one gargantuan Bill on the Statute Book and he must accept that it will take considerable time to ensure it is in proper shape. The Opposition will give adequate time to ensure the Bill is on the Statute Book during the lifetime of this Government. If it is not, the Minister will have to bear the responsibility.

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