Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Ba mhaith liom mo chuid ama a roinnt le mo chomhghleacaithe, na Teachtaí Finian McGrath, Catherine Murphy agus Sargent.

According to the Minister for Justice, Equality and Law Reform the amendments to the Criminal Justice Bill 2004 aim to bring criminal law up to date and make it relevant to the needs of modern society. However, he is electioneering at the expense of democracy. He is engaged in a war on fundamental rights and has a coalition of eager allies in his Fianna Fáil partners, much of the media and the so-called alternative coalition. The Minister is hyperactively producing legislative reforms that are, in the main, unnecessary. His proposals amount to superficial gimmicks which he is selling to the public as quick-fix solutions via his press releases, seeking cheap votes.

There are no quick-fix solutions to today's complex crime problem. Reform, restructuring and resourcing of the Garda Síochána is needed to ensure enforcement of existing laws. It is vital that new provisions are evidence-based and human rights compliant. My Sinn Féin colleagues, civil libertarians and children's rights groups have expressed serious concern at the number and intent of some of the measures proposed by the Minister. Among those causing concern are the lowering of the age of criminal responsibility, the introduction of anti-social behaviour orders and the motivation, legality and potential effectiveness of new sections regarding gangland crime, conspiracy, drugs, sentencing and electronic tagging.

The ability of Sinn Féin, NGOs and the Irish Human Rights Commission to absorb and analyse the Minister's proposals, thereby contributing to the development of sound legislation in this area, has been greatly inhibited by the Minister's typically anti-democratic actions. The Bill began in 2004 with 38 sections and the Minister is now introducing over 200 amendments, of which we only had sight last week. There are substantial differences between these amendments and the heads of the Bill he published at the end of last year. Yesterday he indicated in the House that he intends to introduce more sections on Report Stage. The whole thing is a joke.

I will focus on one area of particular concern, the new provisions on organised crime. My reading of the proposed amendments is from a human rights perspective. A series of red-line issues are thrown up. It appears the Minister's desire to be seen to be doing something, anything, to address the country's growing gangland crime problem has led him to propose a series of rash new offences and proceedings that would have grave and dangerous consequences for the fundamental civil and political rights of the people. The Human Rights Commission questioned whether the Minister's proposals on organised crime are a proportionate or necessary response to the problem of organised crime. It concluded: "the activity which is targeted here is already subject to appropriate criminal sanction through existing common law and statute which prohibit conspiracy to commit an offence and prohibit the aiding, abetting, counselling or procuring of an offence". The Irish Council for Civil Liberties argued in its submission yesterday to the Oireachtas Committee on Justice, Equality, Defence and Women's Rights, that existing laws are sufficient. The ICCL argued that the Minister's proposals lack certainty and clarity and that the effort would be better spent on improving law enforcement, that is developing and resourcing proper community policing initiatives.

To add to the sound arguments against the Minister's proposals put forward by the Human Rights Commission and the ICCL, his provisions on organised crime are based largely on the Canadian criminal code. The same section of the Canadian criminal code the Minister is eager to introduce here was recently found by the Supreme Court of British Columbia to be in violation of Canada's Charter of Rights and Freedom. The Minister's proposals are framed in such a way that one could almost be found guilty of an offence for baby-sitting a possible criminal's children. The prosecution would not have to prove that any criminal offence was committed or that the defendant knew about it if it was.

Instead of assaulting the fundamental rights underpinning this democracy the Minister should reform, restructure and resource the Garda. As a priority he should arrange for the civilianisation of appropriate tasks such as certain administrative duties and the introduction of a dedicated traffic corps thereby freeing up trained gardaí to fight crime. Sinn Féin will oppose all measures proposed by the Minister that fail to comply with international best practice and human rights standards, and that will ultimately fail to address the country's crime problems. I urge the Minister to withdraw this Bill and begin afresh.

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