M J Nolan (Carlow-Kilkenny, Fianna Fail)

I am pleased this Bill has come before the House and I commend the Minister on its introduction. It is unfortunate that an interpretation may be that it has taken the deaths of Shane Geoghegan and Roy Collins to have had it brought forward. However, I wish it every success and a speedy passage through the House.

It is important to put on record that it is not only Limerick which has been affected badly by the crime bosses of this century. There is not a town, an urban or rural area in this country that has not seen the effects of drugs, the impact of drug abuse and the huge amounts of money made from this vile trade.

I understand the position of the previous speakers in this Second Stage debate who are mostly from Limerick. Rural Irish towns are being affected badly by drug abuse. We must commend the work of the Garda who are trying to limit the effects of the drug problem in our country. I support 100% the efforts being made by the Minister to put legislation in place to support the security forces, both the Garda and the Defence Forces. It is interesting to note the Revenue Commissioners have been included. That is a move I welcome because if we did not take some action to support the efforts of our security forces very soon the Garda in particular would become fed up with the abuse its members receive at the hands of these thugs. It is interesting to view television clips of these individuals being brought into court. The contempt with which they treat the gardaí and the courts is something to behold.

In that light, I wish to outline my reservations concerning the way this country can continue to support the legal aid these individuals receive. This is a difficult area to police but it beggars belief that individuals who have a track record as long as one's arm can be brought into court having driven up in four wheel drive vehicles with '08 or '09 registrations. They get out, go in and are represented by individual barristers or legal professionals who are paid by the State and by the taxpayer in the very areas where they ply their trade outside the court.

Perhaps the Minister cannot deal with this matter in this Bill. However at some stage in respect of future legislation I would like him to examine cases in which there is a track record of individuals being brought to court. It might be possible to look at the evidence given against them or the verdicts delivered on them. If there is a continuing record of these individuals being found guilty for whatever type of crime it may be, then at some stage we must call stop and say that these people are not entitled to and should not be dependent on legal aid from the State that gets them off the hook. I believe that measure would receive widespread support not only from the public but from gardaí.

Having looked at the legislation I wonder whether it goes far enough. Perhaps there is scope to examine the Bill and see whether some more draconian measures might be implemented in it. If safeguards are required then let us have a time limit for the renewal of the legislation, whether in six months or a year. In order to have public support for the legislation we are implementing now and that it be seen in a positive light, it is important that the security agencies, namely, the gardaí and the Defence Forces, do not overuse it. Let us not take the easy option every time and go to this form of surveillance in order to gather evidence. If the evidence can be gathered through normal channels let this be done. It is only in extreme cases that the security agencies should resort to the contents of this legislation.

In addition, it is worth noting that this country is party to international treaties that will have a direct bearing on the operation of the Bill when it is enacted, as we hope it will be. We are party to the European Convention on Human Rights and in that regard we must be mindful that the convention states that everybody has the right to respect with regard to his or her private and family life, home and correspondence. I trust that when the Minister drafted this Bill he looked at the implications of this, and that in three or four months time when aspects of the legislation are being implemented and when individuals are charged, as one hopes they will be, we will not find a conflict, or that some of the individuals in question might look to the European Convention on Human Rights as a way out for the charges preferred against them. I hope that area has been covered well and I trust it has.

I briefly mention another matter, namely, Garda numbers. This Minister and others have gone a long way to ensure that Garda numbers have been increased and this is all very welcome. They should be put in areas where the need is greatest as I believe they will. Urban areas must be tackled immediately.

There is also an issue concerning the imposition of jail sentences by judges. This continues to be source of irritation, not only to me but to many people. A criminal is sentenced to ten years in prison but one finds that after four, five or even six years that person is free once more. Can we not reach a position where, if a judge gives a sentence of ten years, the particular person serves ten years? If it is the judge's intention that such a person should serve only six years, let him or her say so, but this charade of giving a sentence of ten years in the full knowledge that only six will be served, is doing neither the Judiciary nor the legal system any credit.

It is unfortunate that it has taken the death of two individuals before this legislation has come before the House. I acknowledge the efforts being made by the Minister, the Department and the Defence Forces in bringing it to fruition now. I hope it has a speedy passage and that those aspects of the legislation in terms of its constitutionality and how it deals with our partnership as part of the European Human Rights Convention have been examined comprehensively so that we may be able to see the implementation of this Bill in the short term.

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