Dáil debates

Wednesday, 29 March 2006

Criminal Justice Bill 2004: Motion (Resumed).

 

9:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)

That is all right. One of the main criticisms of this Government has been levelled, in particular, as regards the inadequate resourcing of Garda powers already in existence. This is primarily responsible for the increasing intensity in violent crime since this Government has been in power. One of the main reasons for my interest in the detail of the legislation is some of the events in my constituency. In the recent past there have been a number of gangland crimes. People have died in these, others have been seriously injured and whole communities have been intimidated. The perpetrators of these crimes seem to act with impunity, with scant regard for the safety of innocent bystanders. Yet these criminals seem to be able to escape the rigours of the law. Most of this type of crime is linked to drug dealing. The scourge of drugs will have to be tackled with much more resources and commitment. It is not right that decent ordinary people are living literally in fear of their lives on a daily basis, simply because of their bad luck in having found themselves in a particular street or that they are unfortunate to be housed in an environment where law and order is held in disdain by a few, to the cost of the majority. There is also the stigma involved for the people living in such communities. This is something they raise every time they mention the problem, that is, that the name of their community is linked to this type of crime. In so far as they are concerned it stigmatises the whole area and community, and clearly, they do not want to be named. It is very annoying for them and embarrassing and they feel they are victims as well.

I acknowledge the genuine hard work and commitment of the Garda in my area. However, the numbers simply do not back up the need to enforce the law. Ordinary people want to see gardaí walking their roads, patrolling their streets and being available to them. Over and over I listen to constituents who are living in fear. They contact me and my colleagues and ask us to make representations on their behalf, always seeking the assurance that their names will not be given to the Garda, for fear of reprisals — in case their names get into the public arena, somehow. Where is the justice for those people, who are usually old, frail and afraid, when they are forced to live sometimes like hermits, locking their doors like Fort Knox and refusing to go outside for fear of harassment?

I welcome the proposal as regards the guns amnesty. However, I doubt that many hardened criminals will voluntarily hand over their weapons. They seem to be totally immune to any level of fear. I ask that the penalties for those who do not comply be compatible with the crimes committed. One of the reasons for anarchy on our streets in some parts of the city of Dublin is that facilities for keeping young people out of trouble are simply not being provided. Most importantly the question must be put as to what resources and supports are provided to young people to stop them from getting involved in drugs and crime in the first place. The lack of commitment to sporting facilities at local level, for example, is a scandal. In areas where diversion is most needed, the availability of playing fields and youth centres is most conspicuous by its absence.

Most low level anti-social activity takes place in the evenings and when it is dark. The level of intimidation that can affect elderly people is often ignored or is treated as being relatively unimportant. I hear very little about the provision of services that will take these young people off the streets at that time of night. Is there no imagination that would allow youth services and sports facilities to be open late at night and for youth workers to get involved in an active diversion programme to bring young people under control, in a positive way, when they are most likely to cause trouble? The provision of such facilities will take resources, imagination and commitment. I ask the Minister why there is so little imagination in addressing these types of problems so as to nip them in the bud. Such an approach would protect communities from the ravages of drug abuse, drug dealing, and drug trafficking at a later stage.

The former mayor of New York, Rudolph Giuliani, was credited with cleaning up the city by tackling low level crime and clearing that up before it escalated into a major social and justice problem. Perhaps there are some lessons to be learned from his approach that would have a positive long-term effect for all. In 1994 he took a fairly simple approach. He stated that the drug problem must be fought at every level and by every legal means so that children would not grow up with drug dealers as role models. That is a serious issue which must be confronted in parts of the city of Dublin where it is most regrettable that drug dealers have attained the status of folk heroes for impressionable young people.

I am concerned about rushing through this legislation without the opportunity for the House to debate the implications of the raft of amendments. There is always the danger that by fast-forwarding this important legislation the fine detail will be compromised. I accept there is a need for the legislation but I would be much happier if standard parliamentary practice had been observed in regard to it. The point was made by other speakers that if one small detail is found to be unconstitutional, the entire Bill will be found to be unconstitutional. On issues as important as those defined in this Bill it is appropriate to ensure there are no loopholes that can be challenged.

When the proposed legislation and its many amendments are addressed on Committee Stage the fundamental question that will underpin the success of the legislation is whether the resources will be provided to enforce the law. It will not be enough to point to strong legislation, we will be back to square one without the resources to back it up.

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