Dáil debates

Thursday, 17 September 2009

Criminal Law (Home Defence) Bill 2009: Second Stage

 

1:00 pm

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)

I commend this Bill and congratulate Deputy Charlie Flanagan and Deputy Jim O'Keeffe who worked on this Bill for quite a number of years. I acknowledge Deputy O'Keeffe's call for a calm debate. We need a calm debate on this matter because it can raise emotions. Certainly, it is a technical legal matter and when one enters that realm one must try to have reasoned debate. Why are we at this impasse in terms of home security as regards people feeling vulnerable in their homes? That question needs to be asked. The Minister as a Border Deputy can relate to the fact that existing Garda resources do not adequately protect the citizen. I have been calling for extra Garda resources in Border areas for a number of years. This is why legislation such as this is required because of the degree of vulnerability. People do not feel safe in their homes as was highlighted last spring with the spate of burglaries in north Inishowen that could not be contained because of insufficient Garda resources. I commend the fact the assistant Garda Commissioner acted proactively in deploying extra resources to north Inishowen. This was critical because of the danger that vigilantism would take over, as opposed to effective community policing. This is the crux in which we find ourselves. As the Minister will be aware, the spate of robberies climaxed in the horrific robbery at gunpoint of the postmistress in Carrigans in east Donegal, half a mile from the Border. As of yet the perpetrators are unpunished.

There is nothing in our law to protect the victims of such crimes, as Deputy Charles Flanagan has pointed out, and that is where the anomaly arises. The need for this legislation is particularly pressing in Border areas which are not serviced by sufficient Garda numbers. A comparison can be made with Deputy Jim O'Keeffe's Cork area. although this is not a perfect example - places such as Glanmire, Carricktwohill, Cobh and Bandon. There is a 24-hour Garda station in Glanmire with 22 gardaí based there and 50 based in Cobh. Taking a similar population distribution in Derry city, there is no legislation that takes into account population numbers to the east of it on the other side of the Border. I am referring to places in east Donegal such as Burnfoot with 16 gardaí, Muff with two, Carrigans with five, Newtowncunningham with four and Carndonagh with five. These stations are only open three hours per day. Therefore, there are anomalies in terms of the whole vulnerability question. If we are not going to provide proper and adequate Garda resources we will not ensure that people are comfortable and safe in their homes.

The Bill has been described as right wing, but it is not. It is not designed for the person who can afford house alarms and guard dogs and who lives in a secure urban area. It is very much designed to protect the person living in isolation in a rural area, and that is its raison d'être. Statistics from the Department of Justice, Equality and Law Reform show that some 29% of crime in Donegal is undetected. That highlights the anomaly in terms of Garda resources. I therefore ask the Minister to consult with the assistant Garda Commission as regards the effectiveness of deploying extra Garda resources to Inishowen at a time of increased burglaries. I would look at that pilot model and see how effective it has been and how it combated the vigilantism which was on the increase at the time.

Article 48 of the proposed Lisbon treaty provides for more effective communication between the PSNI and the Garda, so hopefully there will be a positive outcome in relation to that in the referendum. Also, we must examine the Schengen Agreement as regards cross-Border co-operation. I shall leave it to Deputy Crawford to deal with the bureaucratic process involved as regards applications for gun ownership.

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