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

I like the idea of crime prevention orders but have questions with regard to their practical application and benefits. They are a good idea in principle. I would like to hear more about their practical application in the UK and elsewhere and the benefits derived there. There is a lack of direction in terms of how the section is framed. Questions arise as to what practical measures have been or are intended to be put in place to enable courts to decide whether to make such an order. What type of orders may be made by courts? Will probation reports be required? Will prosecuting gardaí be expected to advise the court or prosecuting counsel in respect of the matter? Who will instigate the process? We need more information on the process.

These orders seem to be an import from the UK, not that I hold that against them. However, we need to know more about them. Have they worked well there and what are the downsides? What difficulties have arisen in respect of crime prevention orders there? Have these orders been in operation elsewhere? These are issues that must be considered. As Deputy Howlin mentioned, there has not been any debate, informed or otherwise, on the practical benefits of crime prevention orders.

Some areas of this section need further consideration. Perhaps the entire section should be given more detailed consideration.

Section 25(2) states:

The court may specify in a crime prevention order such conditions as it considers necessary for the purposes of ensuring that while the order is in force—

(a) persons who are likely to be adversely affected by the presence of the offender are protected,

How is the court to ascertain that or who will instigate it? Is a victim entitled to come before the court and say he or she will be afraid when the person comes out of prison on remission, early release or otherwise? I am in favour of the victim having a voice and role in this situation but I am not sure about the mechanics involved in bringing the views of the victim to the attention of the court to trigger the imposition of such an order.

If we had proper time to tease this out in detail many other points would arise but one that stands out is that throughout the section there is reference to notifying an inspector of the Garda Síochána, and I am not sure why. I am mindful of areas such as the Beara Peninsula in my constituency which is virtually the size of County Louth but where there is no inspector of the Garda Síochána. I recently brought to the Minister's attention that there were only a sergeant and a garda operating in the area.

See this speech in context