Brian O'Shea (Waterford, Labour)

In the short time available I will refer to a number of points in the Bill rather than attempt to address the entire range of matters concerned. During a debate in the Dáil on the care of the elderly, I spoke about concerns expressed to me by someone in the community sector who has a particular commitment to the elderly. He spoke of a party held for elderly people in Waterford city last Christmas. Virtually all those who attended were elderly ladies and most of them were widows. Many of these ladies used go out to play bridge and bingo but they have stopped doing so for fear of their personal security. It is terrible that this should be the case and that, obviously, Ireland is no longer as pleasant a place in which to grow old as it used be.

Following last Hallowe'en, I had reason to raise in this House my concerns regarding serious anti-social behaviour which took place in Tramore, County Waterford, the town in which I live, that night and in the period prior to it. What used be over the years an evening of great fun for the community at large, but especially for the children, proved to be an occasion of fear, intimidation and upset for many.

When considering the amendments which were presented to the House today by the Minister, I asked myself what impact, if any, their enactment will have on situations such as the two I have described. The amendments the Minister is proposing to the Explosives Act 1875, which include the introduction of a new offence of possession of fireworks for sale without a licence, are to be welcomed in the context of my concerns surrounding Hallowe'en. That amendment is fine as far as it goes, but what measures is the Minister proposing in connection with those who buy fireworks in Northern Ireland for their own use and for the use of their relations and friends — in other words, where they are lawfully purchased in Northern Ireland and are not for resale? I put it to the Minister that what he proposes, while welcome, will be of limited effect.

The introduction of anti-social behaviour orders for adults could have a beneficial effect for older people, particularly when they are out at night. It seems that this proposal is close to the present practice of binding people to the peace. The fact that it is to be a last resort after other options have been tried and have failed makes it more acceptable. The granting of the order by civil means on the application of a senior Garda so that a criminal record is not acquired is welcome. The committing of a criminal offence by the breach of an order gives space to the person against whom the order was granted to get his or her act together.

The concept of the anti-social behaviour order has an uncomfortable feel about it and, obviously, such orders should be used sparingly when all other approaches have failed and in the face of ongoing chronic anti-social behaviour by an individual or individuals. The application for and granting of anti-social behaviour orders must be closely monitored and kept under constant review in terms of their efficacy and fairness. The Minister should consider providing for this in the legislation.

I also raised recently in the House the activities, both criminal and anti-social, of some individuals which can create a hell on earth for individuals, families and neighbourhoods. They can assume the status of untouchables because of the fear and intimidation they engender in prospective witnesses. The fear of reprisals, as my colleague, Deputy O'Sullivan, stated, is a significant factor in urban areas. Without appropriate evidence, there are no convictions. Anti-social behaviour orders should have a limited use but could have a beneficial effect. I say this on behalf of the elderly and vulnerable in our society.

One of the miscellaneous proposals which I welcome is the measure to protect staff in accident and emergency departments in hospitals and other emergency workers from attacks and assaults. Such assaults and attacks are doubly outrageous in that they interfere with the delivery of vital services and this can have serious outcomes in some circumstances, quite apart from the harm caused to the deliverers of essential services. These workers deserve every possible support and protection that the State and society can offer.

I look forward to reading and, I hope, agreeing with the reckless endangerment of children Report Stage amendments which the Minister has promised arising from the Ferns Inquiry. This is an area which requires urgent, comprehensive and effective attention.

The introduction of a gun amnesty is welcome, especially if the result is worthwhile, but one fears that its success could be quite limited bearing in mind the kind of individuals who hold the most dangerous armouries.

The strengthening of the law on participation in a criminal gang, conspiracy to commit a serious offence and committing an offence for the benefit of a criminal organisation all appear to be movements in the right direction, but for criminal law to be effective, the Garda, which enforces the law, must be given the optimum level of assistance to effectively apprehend criminals, particularly serious criminals, and bring them to justice. A fundamental aspect of the effectiveness of our legal system is that the punishment follows quickly on the committing of the crime. Reform of administrative procedures within the Garda in preparing cases, more rapid processing of cases within the Office of the Director of Public Prosecutions and greater speed within the courts system will be required and will require in most instances additional resources, but there is no alternative but to provide these resources.

See this speech in context