Joe Carey (Clare, Fine Gael)

I strongly support the Bill and congratulate Deputies Charles Flanagan and Ring on bringing it before the House. Legislation is often introduced in an emotional manner as a hurried response to a recent atrocity. I am pleased this Bill is presented today in a different manner, where emotions are relatively low concerning the subject. It is a Bill which is presented partly in response to historical events but, more importantly, which offers an element of protection to the citizen in response to a violation of his or her home.

The Bill contains recognition of the flaws, inadequacies and potential shortcomings of a similar Bill proposed some time ago. This again reflects potentially sound legislation for the Statute Book. If the then Government had allowed the earlier Bill advance we would not have achingly slow progress on the issue.

This issue has been flagged by Mr. Justice Hardiman of the Supreme Court. The Bill reflects, and attempts to recognise through the law, Article 40.5 of the Constitution, which states:

The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

This Fine Gael Bill promotes the protection of homeowners from criminals. It protects the victims of intrusion from the intruder. It seeks to rebalance the law in favour of the victim as opposed to the outrageous current situation where law-breakers are protected.

Over the past number of weeks there has been a marked increase in burglaries throughout my constituency in County Clare. If you take a line from Coose, County Galway through to County Clare and, in particular, Whitegate, Scarriff, Broadford and Quin, roughly the R352 regional road, I can recount four individual incidents. Many homeowners in the east Clare - south-east Galway artery find themselves having to put in place more elaborate security systems. Sheds and storage areas that form part of their curtilage resemble an Irish version of Fort Knox. This is not just a benign natural occurrence. I am convinced that one can link what is happening to the economy with the increase in crime towards property and belongings of the person. No doubt this phenomenon will increase steadily if we, in the Oireachtas, do not do something. This legislation is a small, but effective step to attempt to solve the problem. The law must be seen as an instrument that protects and supports its citizens.

The Government, just like the previous one, will no doubt trot out statistics such as the massive increase in Garda resources both in personnel and finance in the fight against crime. I am sure we will hear this again today. The Minister for Justice, Equality and Law Reform is happy to declare that there are 14,000 gardaí in the country, as if this in itself is an adequate response to the question of protection of citizens from crime. There is something not quite right when almost the only interaction of people with the Garda is on meeting the traffic corps. There has been a conscious decision to develop elements such as the traffic corps, leaving rural stations and community policing to wither and die.

The east Clare area to which I referred in the context of burglary and crime against the person and belongings, is a massive geographically area which has been further increased with the redrawing of the operational areas. This is an area served by the part-time Garda station in Scarriff with just one patrol car and a maximum of five gardaí. These gardaí are committed to the concept of community-style policing and do excellent work, both from the point of view of crime prevention and solving. However, just as importantly, they present a proper image of a police force that is part of the fabric of its own community. Today this is an all too rare occurrence.

I hope the Minister will accept this Fine Gael Bill and proceed with its implementation. However, I have my doubts. I can recall Deputy Shatter's effort last year in relation to victims and the manner in which it was dealt with.

This Fine Gael Bill removes the need for homeowners to retreat from confronting intruders. It is a fair Bill that protects the victims of crime. The Minister cannot overlook this unjust situation any longer. I urge him to take on board this Fine Gael Bill and I urge his colleagues to do so as well.

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