Dáil debates

Thursday, 29 March 2007

Criminal Justice Bill 2007: Committee Stage

 

11:00 am

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

I have been associated with the view in favour of electronic tagging for a long time. I supported its inclusion in the Criminal Justice Act 2006. It was included, despite the reservations of the Minister. I advocate a provision to allow discretion for judges to release people on bail subject to electronic tagging. If there is a choice between keeping a person in custody and releasing him or her, it is preferable to release the person if one has a reasonable assurance that he or she will not commit further crimes. Considering the 5,000 headline offences committed every year by those on bail, electronic tagging is a way to apply technology in pursuit of the public policy on the prevention of crime. I see a role for electronic tagging, particularly in respect of an assurance that a person will not commit further offences while on bail. One must consider the link between the policy, the statutory provisions and judges' discretion and practical implementation. I seek an explanation from the Minister. I sensed a reluctance on his part to accept electronic tagging, particularly in comments made during debate on the Criminal Justice Act 2006. The points raised by Deputy Howlin from the viewpoint of implementation certainly deserve a full answer. Essentially I want to know what the Minister has done as regards making provision for electronic tagging in a practical sense. It is not as if this was brand new technology. My understanding is that electronic tagging has been in operation since 1984, when it began in Canada. Since then it has become a common feature in many jurisdictions, including Australia, many states in the US, in Portugal, Spain and the Netherlands. It is a common feature of the criminal justice system in many countries. The question is why Ireland has not got it since we went through this process in the context of the Criminal Justice Bill 2004, which eventually became law last July, if we now propose to enable judges to have the discretion to release people on bail subject to monitoring.

The system of house curfew is well established in other countries, is inexpensive and can be readily and easily put into operation in Ireland. Half a loaf is better than no bread. If that is possible why can measures not be put in place so that as soon as it is cleared through the Oireachtas, hopefully after proper debate, judges can immediately make orders pursuant to its provisions? I want to hear the Minister's views on house curfew. Can we immediately make that system operative and on general monitoring, which involves tracking the movements of people, what is the up-to-date situation in terms of the technology involved? I accept that is more difficult and that there are deficiencies in this area. How far has the Minister gone with that particular aspect?

If we are taking electronic monitoring on board as part of our public policy from the viewpoint of crime prevention in particular, obviously the implementation process is of great importance and I should like to hear an up-to-date report on that from the Minister.

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