Dáil debates

Wednesday, 29 April 2009

Criminal Justice (Surveillance) Bill 2009: Second Stage (Resumed)

 

4:00 pm

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I am always proud to mention Tallaght, but I now have another incentive for doing so. In The Irish Times last Saturday, Miriam Lord's fine article referred to the new kildarestreet.com website. As she pointed out, the website informs its readers that Charlie O'Connor has mentioned Tallaght 696 times in parliamentary debates over a period. I hope to mention Tallaght four times today so that I can reach the 700 mark. Having said that, Ms Lord also records that our good friend and much loved colleague, Deputy Ring, has managed to mention Mayo almost 2,000 times. Perhaps he should give the classes on this particular subject.

I have listened carefully to Members' contributions. It is important that we understand the importance of this legislation. I bring to the debate not only my views as a Deputy for Dublin South-West but also as a Member who in my first term in the Dáil was privileged to be a member of the Oireachtas committee on Justice, Equality, Defence and Women's Rights. That was an amazing experience. On a local level, I am a member of South Dublin County Council's joint policing board, which involves significant contact with local gardaí.

We must not be afraid to take every opportunity to applaud the work of the Garda Síochána. I do so in the first instance as a proud Dubliner but also with particular reference to my own area. My constituency is serviced by Tallaght Garda station and Crumlin Garda station and, to a lesser extent, by Clondalkin and Rathfarnham Garda stations. We must support the work of the gardaí in every way we can. My constituency colleagues and I are strongly supportive of the campaign for a new modern Garda station for Tallaght. The current building was constructed in 1987 and is lacking many facilities. It is very outdated and requires at least to be refurbished. I will continue to stress to the Minister, even in these difficult times, that proper resources and facilities should be provided for gardaí in all constituencies.

I do not get as many opportunities as some colleagues to go on the radio, but I was interviewed by Derek Davis last Sunday week on the new radio station, 4FM. In the course of our discussion, we spoke about this Bill and crime in general. Mr. Davis reminded me that my constituency, which embraces Tallaght, Firhouse, Templeogue, Greenhills, Brittas, Bohernabreena and so on, has had serious crime problems in the past. Without wishing to offend the Minister of State, I am grateful these problems have not been on the same scale as those in Limerick. As I said, it is important that we support the Garda. The force enjoyed success recently in a court case which followed the investigation of a murder in my own parish in Fettercairn. I applaud the gardaí for their work on this case which has been welcomed by the community. Deputy Rabbitte and I have been involved in a campaign in Tallaght relating to the case of a young man, Robert Delaney, who was seriously injured in a shooting incident and is currently in a very poor condition in hospital. I take this opportunity to wish the investigating gardaí and Mr. Delaney's family well as we all seek justice for that terrible deed.

As has been said in regard to events in Limerick and elsewhere, these types of crimes gravely upset the communities concerned. This Bill will help to ensure that the perpetrators are brought to justice. As a proud Dubliner, I am greatly concerned by the growing incidence of such crime in the city and county in recent years. While many Members may assume I am from Tallaght, I was reared in the inner city and in Crumlin. During the last election, a constituent remarked, upon being told that I had lived in Tallaght for 40 years, that this was not very long at all. There has been a high incidence of crime in the general Crumlin-Drimnagh area. We must continue to support communities throughout Dublin and the State who are suffering from this type of violence, as well as the gardaí who serve them.

I was in the Chair earlier today when Deputies Ó Snodaigh and Catherine Byrne expressed concern about problems in Dolphin's Barn and Crumlin which have been reported in the newspapers in recent days. Everything possible must be done to ensure that nobody can hold communities to ransom. We are all entitled to live in safety in our community and to go about our business in a normal way. As a near neighbour of the community in Dolphin's Barn, I emphasise that what is happening there is an absolute disgrace. All my colleagues in Dublin South-Central are working hard to tackle the problems and it is important that we support them.

When people talk about crime and its effects, they often refer to regeneration and the need to continue to provide facilities in areas that are under pressure. I have often made the point that in the good times, when all boats are rising, it is important to remember the small boats. When all boats are struggling, as they now are, it is even more important to remember the little boats. Despite the current difficulties, we must continue to press the Government to ensure that facilities and services are provided in all communities, particularly in those where such problems could occur.

May I express my solidarity with the Minister of State, Deputy Power, and his colleagues in Limerick, including Deputies Michael Noonan and Kieran O'Donnell? I do not know as much about Limerick as they do but I am a frequent visitor to Doon and I know people in that community. What has been happening in Limerick has upset the rest of the country. I am glad efforts are being made to improve the circumstances in which people live. Mr. John Fitzgerald was formerly city manager in Dublin and also served as an official in South Dublin County Council, of which I was a member, when it was formed in 1994. He impressed us then and we were very sorry to lose him. Mr. Fitzgerald has been a superb public servant and I know he has done great work in Limerick.

I will never condone criminality. I never take the view, which is sometimes expressed, that young people would not turn to crime if they had community centres. I lived in Crumlin when things were difficult there. Almost everyone in Crumlin, including myself, avoided a life of crime. We should not be afraid to support those endeavours which try to deal with community problems. Every public representative will fight for resources for his own constituency. I hope my colleagues will not mind my saying that Limerick has got the sort of publicity which communities do not deserve. I say this as an expression of solidarity with Limerick. We must continue to support the people of that city. The Bill will not apply to Limerick alone but it has a particular importance for the city. I wish all of my colleagues well as they continue to deal with the problems of crime.

The Minister told the House that the primary purpose of the Bill is to facilitate the use in evidence of material gained by secret surveillance in criminal proceedings while, at the same time, ensuring that the encroachment on certain rights relating to personal privacy and privacy of property, particularly a dwelling, which this entails is limited and proportionate. He said the Bill deals with these objectives in a number of ways.

All Members have contact with organisations which articulate views and concerns regarding civil liberties. The Irish Human Rights Commission is currently carrying out a major analysis of the Bill. I am sure we all look forward to reading that analysis when it becomes available. As a member of the Joint Committee on Justice, Equality, Defence and Women's Rights for five years, I had much contact with the Irish Council for Civil Liberties, which keeps in touch with all Members. The council has made it clear to Members that it will shortly release a brief submission on the Bill. I note that the council has given a cautious welcome to the Bill and stressed that intelligence-led policing, and not the restriction of fair trial rights, is the most effective way to tackle gangland crime. I also note that the council's chief executive, Mr. Mark Kelly, said the Bill "will, at last, place Garda surveillance on a lawful basis that broadly conforms to Article 8 of the European Convention on Human Rights". Mr. Kelly pointed out, on behalf of his organisation, that the "need for judicial authorisation of most forms of surveillance is welcome but it does remain unclear why it is felt acceptable to allow tracking devices to be placed on people's vehicles on Garda authority alone". He also points out that in the interest of the protection of privacy, his organisation has urged the Minister to "publicly disclose, before the Bill becomes law, the proposed content of the regulation foreseen in subsection 8(2) of the Bill in order to ensure that there will be a human rights compliant framework for use by gardaí of tracking devices". Mr. Kelly said his organisation hopes the Bill will bring an end to the "patent nonsense mooted in recent days" regarding the expansion of the role of the Special Criminal Court, which would do nothing whatsoever to tackle the problem of witness intimidation. I quote Mr. Kelly's words because it is important that we have balance in this debate.

I fully support the Bill. It is necessary. The Minister is responding to a situation which has been brought to his attention by colleagues on both sides of the House. We must continue to support those who uphold the law. Crime has been a problem throughout the ages. In times of economic recession fighting crime becomes even more challenging. I have lived in difficult times. I grew up in Dublin in the 1950s and 1960s. My grandmother, who died 43 years ago, lived in Stephen's Street in the south inner city of Dublin when the British were still here. She had strong views about criminality and the importance of protecting the rights of citizens and those who were vulnerable. She abhorred petty crime. I often wonder how she would respond in modern days when committing crime has become so easy for some people. It is important that law and order be upheld at all times.

I do not wish to cause friction between my two colleagues on the front bench. I mentioned Deputy Peter Power earlier and I am glad my good friend, the Minister for Defence, Deputy Willie O'Dea, is now present in the House. I want them to know that what is happening in Limerick has caused a reaction in my community in Tallaght. One often hears reference to the relationship between Limerick and Tallaght. I hope my three Limerick colleagues will not mind my saying that. What is happening in Limerick is something we should be upset about and I know the Minister, with his colleagues, has taken several recent initiatives in respect of those issues. I wish him and all public representatives in Limerick well. It is important that law and order should prevail. I am not afraid to visit Limerick and I hope to do so again soon. As Limerick colleagues come to Dublin to relax I go to Limerick to relax.

In contrast to the 1993 Act, authorisation to carry out surveillance under this Bill may be granted by a judge of the High Court. I apologise for my throat. Mentioning Limerick and Tallaght tends to dry my throat.

Comments

John Handelaar
Posted on 6 May 2009 9:02 pm (Report this comment)

Deputy O'Connor states his intention to mention Tallaght four more times to get his KildareStreet count over 700, then throws in another eight for good measure (not including the one in his contribution two speeches up).

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