Dáil debates

Thursday, 28 September 2006

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Second Stage (Resumed)

 

2:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Cork South West, Fianna Fail)

I support and welcome the measures in this Bill. Unfortunately, crime has become sophisticated and international — one could almost use the word "cultured". As an island state, we cannot stand back and claim it does not concern us.

The problems of crime have become matters of global concern. An issue of particular concern in this State is the frightening and growing drug trade. Some of these drugs are destined for use in Ireland while in other cases, we are used as a one-stop shop for the transportation of drugs to other parts of Europe and elsewhere. Such activity seems to have increased. Some days ago we heard of a consignment of heroin that was due to be landed at a private airport in Dublin.

Despite the worrying statistics, this trade is not new for us. I come from a part of Ireland where we do not have the same prevalence of drug abuse as that in the localities of other Members such as Deputy Gregory. However, there is no village or town that does not have some problem with drug abuse. My teenage children tell me one can buy an ecstasy tablet for €4 or €5 in my home town. They are not available over the counter but nor are they particularly difficult to find. It is a worrying reality.

In west Cork, including Carbery's Hundred Isles, the hundreds of inlets that make up our sporadic and sprawling coastline were used for many years for the shipment of drugs, particularly from South America. Our south-west coast lies in the path of the world's busiest shipping lanes. We are aware of several success stories involving the interception of drugs off the coast. In one instance, a considerable consignment was jettisoned off Kinsale, of which some was later recovered.

I recently spoke to a retired customs and excise officer from the west who had intimate knowledge of border transactions and so on. He recalled instances where he and his colleagues monitored the landing of drugs throughout west Cork. I believe this still goes on. A farmer who lives near a forlorn, lonesome pier on a headland told me some years ago that he was awoken one morning at 4 a.m. by the sound of the engines of boats, trucks and cars. All this activity ceased before dawn. These people were not landing herring or mackerel. It is obvious there has been trans-shipment of drugs into Ireland.

Unfortunately, criminal law, customs and Garda experts all tell us we are probably confiscating only some 15% of the drugs passing through the State. That is a worrying statistic. I laud the Garda Síochána in its efforts throughout the country, particularly Dublin. In the past six or seven years substantial and valuable quantities of drugs have been confiscated. The relevance to this Bill is that much of this success could not have occurred were it not for Interpol and international policing.

The Garda Síochána has done an excellent job and it is regrettable that the drug issue will not be eliminated. I wish there were zero tolerance but the drug problem in Ireland has grown in the past 25 or 30 years. There are drugs gangs in Ireland today that are prepared to kill. There was a very recent incident in Dublin where a Garda sergeant was shot by a 16 year old. The car involved was driven by another 16 year old and, thankfully they were apprehended. This young generation of criminals is audacious. If I saw a garda when I was 16 I would have been inclined to walk the other way. The statistics today are frightening and we must be vigilant.

Not all drugs trafficked to Ireland come from South America. North Africa, Eastern Europe and other places are involved. These shipments may come by air or boat and it is worrying that they are normally accompanied by state of the art weapons and ammunition including machine guns and automatic pistols. In this regard I welcome the gun amnesty and feel we must get tough on the possession of firearms without a licence. I am not referring to farmers in the west of Ireland who may need a shotgun to protect their property. There are many guns in cities and towns throughout the country. Ten years ago the likelihood is they would have been connected to illegal organisations. Nowadays weapons are added as a bonus to drug shipments of crack, cocaine, heroin, marijuana and so on. This is a frightening aspect of the new criminal gangs that exist in Ireland.

There are proposals relating to mutual legal assistance included in this Bill, but there are other areas in which it is of importance. To track expert, sophisticated criminals it may be necessary for the Garda to intercept their communications by tapping phones and so on. This is a grey area that touches on the right to privacy. However, this Bill includes safeguards. An application must be made to the Garda authorities to tap a phone line or intercept a communication that may contain information relating to criminals. This application must be certified at the highest level, which is a good thing.

Human trafficking has, regrettably, become an international issue. In recent years Ireland has seen the trafficking of women for prostitution. There have been horrific stories and, while it may not be widespread, it is a worrying trend that did not exist ten or 15 years ago. The women are often tricked, bribed or cajoled to come here seeking a better lifestyle. On arrival, in many instances, their passports are taken, they are hidden in houses and they are used, abused and ill treated. Sometimes they do not see the light of day. If this type of legislation, through co-operation with Interpol, the British police, American agencies and so on, led to such a woman gaining freedom and winning back her life it would serve a good purpose.

We are aware that paedophile rings have been successful in trafficking children into countries such as Italy. Thankfully this does not appear to be prevalent in Ireland. These children may be infants bought in Eastern Europe for a few dollars and trafficked as part of the sex trade. The boys and girls may be five or six years old up to 12 or 13. In many instances they will have been used in paedophile images and films. All human trafficking should be condemned, but we must be especially vigilant regarding children, the most vulnerable members of society. Were it not for the international exchange of classified information, whether with the FBI, CIA or Interpol, crime in Ireland would be far worse.

I recently watched a documentary on the events of 11 September 2001. There was a breakdown in communication between the various security agencies in the United States. The suicide bombers involved were living in the country in places like Los Angeles and San Diego. One agency knew this and did not inform other agencies. I do not wish to start an international argument with the United States, but had they been more vigilant and listened to repeated warnings from experts the twin towers would still stand. That is a clear instance where information gleaned by international agents, working for the security of the United States of America, was not fed from one body to another. The information was not correlated and what happened was appalling. However, that is another day's work.

In recent years, through legislation, this country has set out to achieve, in so far as possible, total co-operation within Europe. Ireland is just one of 25 countries within the EU and it is essential that we have the highest quality of intelligence within the Garda Síochána. The force has suffered recent setbacks with the Donegal and Abbeylara debacles, which were appalling, damaged morale and did no favours for the status of the Garda. The Garda Representative Association also became political on the issue of policing and the reserve force. However, despite those obvious setbacks, I have great faith in the Garda Síochána. By and large, its members do an excellent job and enjoy good success across the board.

I am fortunate to live in an area where there is not a lot of serious crime. The most worrying serious crime that was committed in my constituency in the last 30 years was the murder of the French woman, Ms Sophie Toscan du Plantier, ten years ago. That crime has not been solved but leaving that aside, there are problems from time to time in the area, but we are reasonably fortunate in terms of levels of serious crime.

Members of the Garda Síochána should live within the communities they serve, particularly in rural areas. There was an enormous furore recently in Dunmanway concerning the building of a new Garda station or the refurbishment of the existing premises, where there was an access problem. The matter is still not fully resolved. I have worked hard to find a resolution and am hopeful now because we have been given the orange light, if not the green light on the issue. There are six gardaí in Dunmanway, all of whom are fine individuals. However, somebody pointed out to me that none of them lives in the town. Indeed, some of them travel 20 or 30 miles to work there. I feel strongly that if a garda is stationed in a town or village for a number of years, he or she should live there. I have heard complaints that if a superintendent or inspector is appointed in a rural area, he or she commutes 40 or 50 miles. Perhaps such people are expecting further promotion, but they do not live in the community. One cannot get a proper understanding of the problems in a town or village — I am using Dunmanway as an example and am not being disparaging about the town — unless one lives there. When gardaí are living elsewhere it makes it difficult for them to provide the proper community policing that people deserve. There is nothing nicer than walking through a town, for example, Bantry, on a Friday or Saturday at 9 p.m. or 10 p.m. and seeing a squad car doing a tour of the town or a couple of garda officers walking around. Perhaps I am old fashioned, but that type of presence gives a sense of security.

This legislation must be welcomed. There are many technical aspects to the Bill which have been dealt with by other speakers. Some provisions have been dealt with by the courts, having been previously shot down as being ultra vires. Regrettably, the legislation is necessary. These issues must be dealt with and doubtless will still arise in ten years' time, regardless of who is in Government. Criminal justice is a fluid area.

In the context of the European and global situation, the proposed European constitution, which is currently parked, is important. I am chairman of the All Party Committee on the Constitution and hold the view that a European constitution will be very hard to impose on 25 different countries. A constitution is the sole possession of a country. Bunreacht na hÉireann, for example, is our exclusive possession. Conventions or protocols can work but I have grave doubts about a European constitution being accepted by the Irish people in a referendum.

Comments

No comments

Log in or join to post a public comment.