Billy Kelleher (Cork North Central, Fianna Fail)

This Bill has been debated on many occasions and has been the topic of conversations as a result of high profile crimes committed in our communities. The Minister has reacted to this and ensured he has brought forward proposals that go some way towards addressing the concerns and changes to society.

ASBOs have been referred to by previous speakers. We had a similar debate in 1994 when the Criminal Justice (Public Order) Bill was enacted. This was described as a gross infringement on civil liberties, allowing young people to be herded up when they tried to congregate. This has not turned out to be the case and, in fact, we sometimes accuse the Garda Síochána of failing to use the provisions of the Act to address concerns in our community, anti-social behaviour and intimidatory tactics.

I welcome the introduction of anti-social behaviour orders. Last year I travelled to Leicester, England to view how anti-social behaviour orders worked and impacted on communities. I went with an open mind and returned convinced that there was place in our legislation for them. Communities that have been ravaged by anti-social behaviour in various forms felt powerless and removed from the police and housing officers. The people to whom they looked for help were incapable of offering it because there was no legislative backup. The introduction of anti-social behaviour orders has made a significant difference.

I welcome the fact the Minister, when examining the introduction of anti-social behaviour orders, did not simply lift the UK formulation but has watered it down. The maximum sentence will be two years, a senior member of the Garda Síochána will need to apply to a District Court for an anti-social behaviour order and there will be street warnings and good behaviour contracts. That is positive because the purpose behind the orders is not to criminalise a young person but to give him or her a chance. He or she would get a number of yellow cards or street warnings. It gives an opportunity to juvenile liaison officers, schools and health officials to assess and address the needs of that individual. Young people feel they can act with impunity because they are unlikely to be prosecuted under current laws. We should examine the number of parents or guardians who attend court when a juvenile is before it. We have not addressed this. Although the introduction of anti-social behaviour orders is not a panacea, it gives the opportunity to get to a person at an early stage before they are involved in serious crime and are criminalised.

We must address the underlying causes of anti-social behaviour. There may be an element of dysfunctionality in the home, for example drink or substance abuse by the parents or the child, or there may be no structured home. Reference was made to family conferencing regarding the Children Act. We need a mechanism whereby parents can be given assistance. Parents may not be neglectful in their duties but incapable of parenting because they lack the skills, resources or confidence. They may have literacy problems, have dropped out of school early or have had an early pregnancy. These issues have an impact.

In addition to the deterrent of anti-social behaviour orders, we must have crime diversion programmes and stronger community policing with gardaí in the communities involved. I welcome the introduction of the Garda reserve force and see great potential for it. It is a positive step and I hope members of the Garda Síochána embrace it. Every day members of the Garda Síochána appear on television asking members of the public for co-operation in solving crimes. The best form of co-operation the public could give would be to assist the Garda Síochána in the form of a Garda reserve. The Garda reserve could be used for traffic management.

Every Friday in Fermoy in Cork one or two trained gardaí stand on the bridge directing traffic. We entrust the lives of our children to the lollipop ladies every morning when they go to school. A trained Garda reservist could direct traffic and let the front-line members of the Garda do the job they claim they want to do, to police, investigate crime and resolve the problem of crime in our communities. Traffic management and sporting events are a huge drain on Garda resources to manage what is likely to be a peaceful crowd. We go regularly from Cork to all-Ireland finals — other counties may not experience this — and see a huge number of people on their best behaviour. The reservists could play a part there.

It has been said the uniform is not visible in communities. The use of a Garda reserve force could be explored. We might have a difficult area in one part of Cork city and some of the members of the community association might be members of the reserve force. They could help the community in another area and that community could send members of its reserve in exchange. The public has great respect for the uniform, and although it has been diminished to a certain extent recently due to certain events, tribunals and what is perceived as the lack of crime resolution, in general the public has an honest, genuine commitment to and trust in the uniform. The most common complaint that every public representative hears, particularly in urban areas, is the lack of visibility of the Garda Síochána. I hope the Garda reserve force will be encouraged primarily in community policing, in assisting the front-line gardaí and ensuring the uniform has a presence. I compliment the Minister on that proposal. Although some people have opposed it, and some oppose it privately while they support it publicly, in general the public will embrace it. As time passes a certain attachment will occur with the public on that issue.

I welcome the Minister's expeditious move on firearms offences. There is a perception, backed by statistics, that gun crime is increasing. Although I have no great knowledge, I assume it is because of the epidemic of drugs in society and the profits that can be garnered from drug importation and distribution. We passed legislation some years ago in which we claimed there would be mandatory sentencing for people caught in possession of illegal substances over the value of IR£10,000. The Judiciary has failed to take into account the views of the Oireachtas on this issue. That is a grave insult to this House. While we value the independence of the Judiciary we cannot allow this situation to escalate. Members of the Judiciary must understand that drug importation and distribution is killing our young people and driving our society mad. We can dance around other issues and address other concerns, but substance abuse is the single biggest problem facing our society, and I have stated this since I came here as a public representative in 1993.

The increase in crime figures was mentioned. We all remember that not long ago we did not have a seat in our trousers and our crime figures were low. This is because society viewed itself differently. There was no affluence, most people lived in tenements and were unemployed, there was massive emigration but there was a strong, cohesive bonding of family and community. We now live in an affluent society and have escalating crime figures. This is because crime is mainly generated by the drugs trade. If somebody can convince me otherwise I would be willing to debate it. For years nightclubs in Cork and elsewhere had "chill rooms". After taking ecstasy tablets and dancing for the night people would go to a chill room to cool down and drink water. Even night clubs had a system in place to encourage people to take ecstasy tablets. Cocaine use is increasing and is available city-wide in Cork, Dublin and elsewhere.

Young people are queuing up to take lines of cocaine on Friday, Saturday and Sunday nights. This is driving the whole drugs industry. Therefore, I welcome the Minister's provisions regarding drugs and mandatory sentencing. However, what part of "mandatory" does the Judiciary not understand? Perhaps we should ensure that a clear signal is sent from this House to the effect that we will not accept the Judiciary reducing people's sentences on the basis of their pleas of guilt or their co-operation with the Garda Síochána when it is investigating their cases. People who import great quantities of drugs into Ireland know that if they get caught, plead guilty and assist the authorities in their investigation, they will get a reduction in their sentence. That is unacceptable. Regardless of whatever else happens, the Oireachtas must make it very clear in this legislation what it expects the Judiciary to do in respect of mandatory sentencing for the importation and distribution of drugs.

Firearms offences are increasing because of the drugs trade and those convicted are probably on drugs themselves. There is a lot of money to be made from protecting one's turf and ensuring others do not move on to one's patch. If the law is lenient on drug dealers and importers, we cannot address the underlying problems in our communities.

Anti-social behaviour was referred to. We must also address the problem of drink. Every public representative who represents urban areas will know that off-licences seem to be a problem. I do not know how we can address that. I have heard many reports of anti-social behaviour in certain areas on the opening of new off-licences. Perhaps we should ensure that there is a restriction on the number of new off-licences or their trading hours. I am not quite sure what we can do but I know the Minister has examined this matter and is considering the introduction of certain measures. In the event of the Garda being able to identify widespread under-age drinking as a result of the presence of an off-licence, there should be some mechanism whereby it could instruct that off-licence to close at certain hours. Almost immediately on the opening of a new off-licence, young people congregate and drink to excess. This leads to assaults, intimidatory activity and anti-social behaviour.

The law is an archaic system that is very slow to embrace new technologies. The Oireachtas should be proactive in ensuring that all available technologies are made available. Let us be under no illusions regarding DNA testing. It is more fail-safe than most systems, yet the taking of DNA evidence from suspects was subject to objections and concerns for years. I welcome any measure that will allow the Garda, acting within the law, to detect crime and investigate cases with the most modern technologies available to it.

I was amazed when I discovered that written statements are the only ones admissible in court and that video evidence, in spite of the technology involved, is not admissible. I know the Minister is considering this and I would welcome changes that would allow for investigation using modern technologies, speed up proceedings under our criminal justice system and bring perpetrators of crime to justice.

We must also consider the issue of burglary, although it is not covered in this Bill. It is sometimes perceived as not too serious but it is regarded as a great offence by most people to have somebody wandering around their bedrooms at 3 o'clock or 4 o'clock in the day or night. We do not view the problem seriously enough. One's home is one's castle and one should feel safe therein, yet week after week burglars are treated leniently in the courts wherein it is argued that they come from deprived areas or have fallen on hard times. There is no excuse for breaking into homes and intimidating people in their beds or for not viewing this as a very serious crime.

These issues are of much greater concern to the public than murders. Regardless of all the murders in the State last year, amounting to approximately 50, tens of thousands of people are affected by anti-social behaviour and burglary. These are the crimes of which most people will be victims and we must effectively resource those who are tackling them.

People will have their own views on the Minister and I certainly have mine. I commend him as he has been proactive in bringing forward legislation. Somebody described him as illiberal, but I do not mind whether he is liberal or illiberal as long as he is proactive in addressing the concerns in our communities. I welcome the motion and believe Members should have an opportunity to discuss in detail the amendments being introduced by the Minister on Committee Stage.

Very often we grandstand in this House but it is on Committee Stage that the substance of Bills should be discussed. I welcome the introduction of all the amendments, although the Opposition may have concerns in this regard. The Minister was proactive and is trying to address some of the major concerns regarding gun crime, drugs and anti-social behaviour. I commend the motion to the House.

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