Seán Ardagh (Dublin South Central, Fianna Fail)

By comparison with most western democracies, Ireland has a very low crime rate. Crime remains a problem. We have recently seen a proliferation of crime among drug gangs, especially in parts of the south west of the country and in the west of Dublin. As Deputies Connaughton and Ring said, the use of guns on the M50 last weekend would remind one of Tombstone city, which is utterly intolerable. We have significant problems with drugs and with anti-social behaviour. Very few Deputies hold clinics without somebody coming to complain about harassment and the way that some young people are treating them and getting away with it.

The Garda Síochána Act and the Criminal Justice Bill, especially the amendments which have now been tabled, are designed to focus on four items. Deputy Connaughton mentioned mandatory sentencing. If the Legislature defines a minimum sentence of five or ten years, that must apply. There is the question of the separation of powers between the Judiciary and the Legislature. The people elect the Legislature to do a job. If the representatives of the people decide there should be a minimum mandatory sentence, the court, which is independent, should take on board fully what is decided by the Dáil, as representative of the people, and should ensure that those minimum mandatory sentences are given. In one of the amendments before us, the Minister has set out that the public interest is to be taken into account by judges when considering sentencing, particularly for offences to which a minimum mandatory sentence applies.

The question of firearms is a major issue and is current, especially in light of what happened last weekend. The constituency I represent, which includes Ballyfermot and Inchicore, has not been without its problems. Families in my constituency are still grieving and suffering as a result of the death of a loved one through the use of guns. Having one person involved in drugs or any crime should not mean that his or her family should suffer to the extent they do because of the use of guns.

I laud a number of the amendments before us, particularly the restriction on firearms with a certain muzzle power or velocity which will need a licence from the Garda Commissioner rather than normal guns which need a licence from a superintendent. A new offence for sawing off shotguns is to be introduced. Sawing off shotguns is especially cruel as it is done in the knowledge that the shotgun will be used with criminal intent. Minimum mandatory sentences are proposed for the intent to use guns for criminal activities.

A large number of guns are in circulation and to get them out of commission, a gun amnesty is to be introduced, which is a very good idea. It will mean that those with guns, who would feel much safer without them, will have the opportunity to give them up. At the same time those guns can be forensically tested and the results of those tests can be used in criminal prosecutions if needed. The implementation of the penalty for holding these types of guns with special power and design will be delayed until the end of the amnesty period so that it will not be an offence for people to hold such guns during the amnesty period.

We are all concerned about fireworks when it comes to Hallowe'en. It is a particular problem in Dublin and I am sure the same is true throughout the country. Many elderly people, in particular, are frightened and totally inconvenienced by the noise of bangers and the danger of rockets and other fireworks. I am delighted that an amendment will be proposed to make it an offence to possess fireworks with the intention of selling them. I do not know how this legislation will affect people who possess fireworks for domestic use. We need to examine the phenomenon of private or residential fireworks displays, which are increasingly being organised in estates and back gardens. Many people enjoy this form of entertainment, which is proliferating at present. There is something to be said for organising fireworks displays in a safe manner that protects young children, for example. We need to consider how the new measures in this regard can tie in with other measures.

I would like to speak about the question of organised crime, which needs to be examined. We all know about the gangs in west Dublin and Limerick, for example. Other criminal gangs which are not connected with political parties have emerged from paramilitary organisations in recent years. We are examining this issue in the proposed amendments, which will make it an offence to be a member of or participate in a gang with the intention of going out to commit an offence. The question of terrorism on the global stage increased in importance in the aftermath of the events of 11 September 2001. I am delighted that it has been proposed to make it an offence for a gang to conspire to commit offences abroad. That is welcome. It is often suggested that people should be prosecuted for committing offences if they gain personally from those offences. The amended Bill will also make it a specific offence to commit a crime for the benefit of an organisation as a whole.

Not only has there been a proliferation in the use of guns by gangs, but there has also been a significant increase in the use of drugs by gangs. Sentencing provisions are being examined in that context. As I mentioned earlier, the issue of mandatory sentencing is being considered in this regard. We should discuss the extent to which we should permit other factors to be taken into account. At present, judges take previous convictions etc. into account. It is proposed to allow other matters, such as public interest, to be taken into account as well.

I welcome the fact that the amended legislation will create a new offence of importing drugs worth more than €13,000. The issue of drug-free prisons, which are desirable, has been debated for a long time. In that regard, the supplying of drugs to a prisoner will become an offence under this Bill. It is important that we have good intelligence and that we are able to investigate this country's drug culture and the people involved in it in an effective manner. To that end, the Bill will provide for the establishment of a drug offenders' register. Any person who is convicted of drug offences to which a sentence of imprisonment of more than a year applies will be placed on the register. Such people will have to notify the Garda of any changes of address. The Garda will be able to build up a better picture of who is involved in supplying drugs, keep up to date with where such people are found and target them in a more effective manner. It is a very welcome provision.

Sentencing is another matter that is being addressed in the proposed amendments. That is welcome because we have moved well beyond the old approach of locking people up and ignoring them before letting them out after five years or more. We have to provide for alternative penalties such as suspended sentences, fines and the deferral of custody. Such penalties will be put on a statutory basis so that judges will be able to impose conditions on the suspended sentences they hand down to people who have been convicted of crimes. People might be required to perform certain remedial actions, such as attending courses, which might help to reduce the likelihood of reoffending. It will also be open to judges to impose restrictions on the movements of offenders. People might be obliged to stay close to a certain area or to stay away from a certain area. I understand that it is intended to use electronic tagging in this regard. While it may not be used in the immediate future, the legislation will allow it to be used at some future time.

Deputy Ring spoke about anti-social behaviour, which is giving us all great headaches in our local electoral bases. Every politician in this House receives representations on a regular basis about the effects of the behaviour of certain individuals on the quality of life of others. We need to put in place a system whereby people are asked and encouraged to desist from anti-social behaviour and given warnings about that behaviour. If they do not take heed of such warnings, meetings should be arranged with Garda superintendents. If young people are involved in anti-social behaviour, parents should accompany their children to such meetings. If, having followed the many steps involved in the system, the Garda superintendent feels it would be helpful to impose an anti-social behaviour order on an individual, he or she should be able to ask the District Court to take such action. It should be a civil matter rather than a criminal matter so that no criminal record will attach to the person involved until the point at which an anti-social behaviour order is imposed on him or her.

Many of us have children or know children in our neighbourhoods, and we know it is easy for young people from any social background to get into trouble, regardless of the amount of money or education they have. We should try to ensure they do not have a criminal record on foot of the process I have outlined, if at all possible, so that their ability to visit other countries such as the United States is not affected and they will not be stopped at borders. The proposed amendments to the Bill, as it stands, will help to ensure that due process is observed over a suitably long period of time in a fair, reasonable and well thought-out manner that is based on annoyance and damage to the quality of life of the community. That is a good response to the type of anti-social behaviour that is to be found all over the place.

People describe the anti-social behaviour order as a middle class response to working class people and problems. That is not the reality. Every location, regardless of the housing value or whether the homes are middle class or working class, experiences problems with anti-social behaviour. Probably there are more in those areas that are less economically endowed. Deputy Crowe, for example, listed a number of problems that he has encountered in his constituency which could be mitigated or reduced if the anti-social behaviour order procedure was in place. It is very important that the facility is in place.

It is something I hope will not be abused. The calibre of the Garda, certainly in the district in which I operate in Dublin South-Central, is exemplary. I am thinking of the community inspector, sergeant and all the gardaí who work with them. They have a marvellous team and work very well with the residents and public representatives. They have the young people who might otherwise be offenders very much at heart. I am sure they will not abuse this power.

The codification of the criminal law has been in question for a long time. I am glad the Minister took the opportunity of effectively accepting the proposals of the expert group. Professor Finbarr McAuley was the chairman of that group. He has now accepted the position as chairman of the codification of the criminal law group. It will be a long drawn-out process but it is very important that all the criminal law be codified into one volume. I know that a great deal of research is involved and I want to wish Professor McAuley and his team well in their endeavours for the future.

In so far as the Criminal Justice Bill is concerned, as chairman of the committee to which all the amendments are coming, I know that the members will work hard to ensure that the best Bill will emerge from their deliberations. I hope that all Members of the House and the people will be proud of the end result.

See this speech in context