Dáil debates

Tuesday, 28 March 2006

Criminal Justice Bill 2004: Motion (Resumed).

 

9:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)

I am pleased to have an opportunity to comment on the Bill. Like previous speakers I am concerned the Bill will not be properly discussed in this House. I understand the amendments run to something like 300 pages. These amendments are ten times the size of a regular Bill. I cannot see how the Bill will be properly discussed in the House in the time provided for Second and Committee Stages. This is the wrong way to do business and it is the reason flawed legislation passes through the House. I am convinced flaws will also subsequently be discovered in this Bill.

Fine Gael has consistently put pressure on the Minister to bring forward this legislation. We have no intention of obstructing it and we will try to be as helpful as possible. In Deputy Jim O'Keeffe we have one of the most positive politicians in this House. The question must be asked why the Minister delayed so long and is now doing his best to rush this Bill through the Dáil. As a former Attorney General and well known barrister he should realise this is not the best way to do business.

As previous speakers stated, the Bill creates a number of new offences but some of these, such as the gun and explosives measures, belong in a dedicated Bill rather than making this Bill enormous and cumbersome. The Minister is obviously trying to lump in all of the actions that, in his opinion, will make a contribution. I accept he is sincere about the effectiveness of the provisions but he is wrong in trying to put them all into one Bill. He has been four years in office and he has run out of time. He has lectured us and told us he knows more about law than anybody else in this country. We saw his response to Deputy Bruton last week. The Minister is obviously very confident in his ability but after four years he has achieved very little.

When people look back on his record they will see how the crime problem has escalated, the drugs problem is out of control and young people from all backgrounds are indulging in anti-social behaviour on the streets at night. It appears this problem is becoming more widespread and the gardaí cannot control it. I will refer later to some local examples of this problem.

I welcome some of the Bill's provisions such as the new drug offenders register, which is very important. The Minister should expand more on it. The sex offenders register is proving to be very effective. I recently saw it in operation. A drug offenders list could also prove to be effective.

Our party welcomes the two-step process outlined in the Government amendments in regard to anti-social behaviour orders. It is intended that a behaviour warning will first be issued and this will be followed by a civil order. The Minister should address people's concerns about these orders and how they will operate. There may be room for abuse or the introduction of child criminality by the back door. I accept the Minister of State will refer further to this provision later. These matters must be clarified. Sentencing policy is in dire need of an overhaul and the provisions outlined by the Minister in the Bill fall far short of the mark. The Minister has referred to the codification of criminal law for some time and this appears to be something he wants to push through.

Most Deputies refer to what is happening in their local areas in regard to anti-social behaviour. There is a totally inadequate Garda station in Castleisland, County Kerry. In fairness to the Minister he has been promoting the case for Castleisland. Last weekend a female garda had her nose broken and her companions were attacked while people stood idly by. Members of the public did not help them. Were it not for the fact that other gardaí came to their assistance, they could have been seriously injured. On the same weekend, three off duty gardaí were attacked in Tralee and savagely beaten by a crowd who picked on them. These are examples of what is happening in County Kerry, but similar attacks are taking place all over the country. Control has been lost.

There is a world of difference between Members of this House speaking about legislation and sentencing policy and what is happening on the street. How many of us are on the street between the hours of midnight and 3 a.m. to see what is happening? I advise most politicians that it would be unsafe because politicians are not the most popular with people at that hour of the morning. We do not have a knowledge of what is happening on the street. The Minister is very good on the law but he does not have a full grasp of its application. I agree with the proposal for a reserve police force but the Minister's idea of the practicalities of its operation is in conflict with the thinking of the rank and file gardaí. He should listen more to their opinions rather than lecturing them, which they resent. They are dealing with more sophisticated, violent criminals who are under the influence of drugs most of the time, who have no respect for a garda or for law and order.

The area of law and order requires far more resources, which will cost more. The House will need to decide on an all-party basis that the Garda Síochána should be given more resources. That is the only way to combat crime. Drugs are pouring into the country. Shannon Airport has no screening policy in place and drugs can come freely through that airport. An article in yesterday's newspaper reported there is no one there to stop them. This is also the case in other airports. I use Kerry Airport and I know that it does not have sniffer dogs except on an occasional basis and people just walk through. There may be the odd big haul of drugs but 90% of the time people are getting away with such crimes. It is a serious and challenging situation.

Law and order is collapsing despite what the Minister may say. Crimes are not being reported and we lack the full knowledge of what is happening. People do not report crimes that were reported ten years ago because they do not receive a response. The situation is serious. Legislation alone will not resolve the problem. More enforcement and a presence on the ground is required.

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