Timmy Dooley (Clare, Fianna Fail)

I welcome the opportunity to address the Criminal Justice (Miscellaneous Provisions) Bill 2009 and the provisions which the Minister and his Department are bringing before the House on an ongoing basis to deal with the cultural and historical issues in our society which affect the lives of many people. While some in this House dispute the effectiveness of this legislation in regard to crime, there is little doubt it will impact on the culture of gun crime. Supply is a separate issue and Deputy Rabbitte has reminded us that the procurement of short arms is part of the illicit trade in drugs. Coming as I do from County Clare, Limerick city is in close proximity to much of my constituency. I do not want to single out that city because other cities suffer similar problems involving violent crime.

The general availability of firearms has upped the ante in the way these thugs, criminals and scumbags are treating their own lives, the lives of their families and the community at large. It is incumbent on all of us, as legislators, to find solutions. This is not only about banning the use of certain firearms and seizing illegally held firearms. It is about trying to change that culture. The legislation helps towards developing a different culture in society by demonstrating to the next generation that the use of guns will not be tolerated.

I have great sympathy for many of the people to whom Deputy Rabbitte referred. They are law abiding citizens who are involved in a sport, in which they clearly participate in a safe and practical way. I met a number of those involved and I visited one of their firing ranges. It operates to a high standard and they can be trusted. The concern in some quarters is that when we become successful in removing the illegal firearms that are in circulation and become better at ensuring we prevent small arms entering the State, criminals will begin to focus on legally held firearms. Several gun dealers have been the subject of successful break-ins and this issue needs to be examined relatively closely to ensure that, as we improve in the detection and removal of illegal firearms from society, legally held firearms are not accessible by criminals.

It is vitally important that we change this culture. Depending on where we come from or on our experience, we can all acknowledge the ravages of gun crime, which builds on the illicit trade in drugs. There would not be the same proliferation of illegal handguns if we did not have the scourge of the illicit drugs trade. Unfortunately, the younger generation of drug dealers and drug traffickers have little regard for life to the extent that over relatively small issues such as a debt or a perceived insult, they are prepared themselves or through their associates to dispense with human life. It is outrageous that this has been allowed to happen and that it was not tackled much earlier through the education system so that this culture would be changed.

While the legislation may not resolve any issue overnight, it will feed into the development of a culture in which society will have a much different attitude to the use of guns for sport and recreation. In some cases, people possess weapons to reflect their desire to own and have access to a firearm, which is licensed. We need to examine further legislation to facilitate those who are committed to sport, who are law abiding in all respects and who have ideas about safeguards, although it is not possible to do so in this Bill. Discussion is needed with the various groups affected to examine ways in which the sport can continue and new people can enter the sport in a way that does not alter the Government's efforts to bring about a change in culture.

The publicity surrounding the Bill is welcome in heightening awareness about issues relating to violent gun crime. Anything that keeps dealing with this issue to the fore is necessary and welcome and we need to make our best effort to continue to highlight the issue in the House. I am also cognisant that the Bill does not only deal with the prohibition and licensing of weapons but also the Schengen system of information exchange between European authorities. While we are not as familiar with the more obvious benefits of the Schengen regime because the State and Britain opted out of the element of the agreement dealing with the common travel area, it is important that there be good co-operation between police forces, particularly in the transfer of information.

It is welcome that the Government is building on that agreement through this legislation because much of our gun crime relates to the international drugs trade. The media regularly report on leading Irish criminal actors who have found refuge in southern Europe and it is important the State continues its efforts to ensure that the correct amount of information is transferred between the various authorities and, where possible, that these individuals are pursued, regardless of where they reside in European, and the full rigours of the law are applied to them. It makes a mockery of our judicial system and the rule of law when criminal elements can bask in the sun at the southern tip of Europe. While I recognise there is co-operation at all levels within Europe, it is disappointing for everybody that these people can evade the law in this jurisdiction and continue to bask in the glory of their ill gotten gains while peddling their trade in a sunny climate. It is necessary for all legislators to ensure we work towards eliminating that element of the criminal fraternity. We must continue to build on the experience and difficulties associated with extradition and European arrest warrants. I hope the House can ensure such grotesque displays of arrogance and evasion of the law are brought to an end as quickly as possible.

Like Deputy Rabbitte, I acknowledge the work of the Bills Office in preparing the supporting documentation for this legislation. It was compiled quickly and it is extremely comprehensive. Good information on the background to various different laws referenced in the Bill, some of which will be amended, is outlined.

I refer to the powers of the Criminal Assets Bureau, which are not addressed directly in the legislation. While the bureau's officials have been successful in targeting various criminal elements who have made considerable sums of money and continue to display it in a particularly arrogant way, it is important they are given whatever additional powers are needed. The perception is that the CAB has gone away but it has been working extremely diligently and effectively. The bureau is no longer as relevant to the media because there is only so many times a house, boat or car can be seized and it does not receive the same level of publicity it received in the early stages, but we must recognise the work done by its officials. It is apparent to me that certain criminal elements are purchasing land in rural areas and moving out of the city to develop what would be their summer residences. They succeed in getting planning permission and thus bring their criminal activities to rural areas. There may be a role for the Department of the Environment, Heritage and Local Government in developing some sort of scheme in our planning laws or guidelines that would - in certain circumstances, depending on the views of the local authority - require Garda clearance to allow certain individuals to proceed with the planning application. It may be cumbersome to do so, but it is certainly worth looking at. In many rural areas, gardaí are frustrated that some criminal elements can come to establish significant bases where it is much more difficult for law enforcers to continue surveillance and keep a general eye on them. It is a particular problem in the county I represent because of our proximity to where a number of these gangs are based.

I am happy to see that the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Michael Finneran, is in the House, as this is something relevant on which he may want to work with the Department of Justice, Equality and Law Reform. Hopefully, it would help to block at every possible opportunity the ability of these people to relocate. They have developed their ill-gotten gains from the drugs trade, so they should be prevented in every possible respect from continuing their efforts.

I recognise the work of the Minister and his Department in attempting to keep to the fore these difficult issues in society, as well as developing a more favourable culture devoid of the need to have guns in circulation. While we may never get to a point where we come to grips totally with the criminal fraternity who peddle drugs and guns, at least we could get on top of it. Clearly, however, we have not reached that stage yet. Last week we saw what happened in Lucan and the great work the gardaí did in that encounter. It shows the kind of risks involved and the significant threat to gardaí who do such a wonderful job in protecting society. Great credit is due to them. Obviously there are people who are prepared, even when confronted by armed gardaí, to open fire rather than be subjected to the rigours of the law. There is an ongoing battle there which we need to deal with. The gardaí need our efforts and the assistance of this House in providing not just the necessary legislative framework but also particular legislative elements. These will allow them to counteract this threat to the State not just for the current generation but also to develop a society that is more in tune with what we want. It will also ensure that this element is removed for good by an emerging culture that will not tolerate what has gone on heretofore.

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