Frank Fahey (Galway West, Fianna Fail)

I wish to share my time with Deputy Sargent with ten minutes each. On the basis of the principle that one's home is one's castle, the Bill is especially welcome. The reason the new Criminal Law (Defence and the Dwelling) Bill 2010 has been introduced is to tip the balance in favour of law abiding home dwellers. In clarifying the law in this area, the Bill sets out to state clearly that a person can use all reasonable force in defending his or her home. It provides that home dwellers do not have to retreat in the face of intruders. In particular, it puts an end to the bizarre situation and unjust practice that went on whereby burglars can sue for damages if they are injured while carrying out a robbery. That was a ridiculous situation and it has been put right in this legislation.

I join other speakers in complimenting the Minister, Deputy Dermot Ahern, on this reforming legislation. As Deputy Jimmy Deenihan stated, he has been responsible for several tranches of reforming legislation which tilt the balance against the criminal and it is high time this was done. The Criminal Justice (Amendment) Act 2009, the Criminal Justice (Surveillance) Act 2009 and the Criminal Justice (Miscellaneous Provisions) Bill 2009 are three examples of new legislation to tackle gangland crime and criminals roaming at will, breaking into people's houses and so on, and this Bill will be of significance in that respect.

Mention has been made of Pádraig Nally. That case was a cause of concern to people throughout the country. The Bill will clearly state that people attacked in their homes and people who are robbed and intimidated now have an additional protection, that is, the ability to protect themselves. My one concern relates to the question of the curtilage of a dwelling house and why it is not more clearly defined. This issue has been raised and it is essential that the curtilage of a dwelling house should include the area within the boundary walls of the house. I realise this issue has been examined by the Minister and the Attorney General. I urge the inclusion of an amendment in respect of the curtilage of a house such that the boundary walls of the house or the site on which the house is located, whether in an urban or rural area, should be included in the curtilage.

The question of mandatory sentencing is being examined. The Attorney General has asked the Law Reform Commission to examine the matter, which is worthwhile. I believe there should be mandatory sentencing for people who commit burglaries or break into people's homes. While the legislation that exists has been strengthened, I welcome the fact that legislation introduced in recent times recognises that people have the right to feel safe in their own homes.

This legislation is sending a strong message to intruders by imposing substantial sentences. For example, burglaries in people's private homes carry a maximum sentence of 14 years and aggravated burglaries carry a sentence of life imprisonment. It is essential that there should be strong deterrents, especially for burglary and aggravated burglary of people's homes and private dwelling houses. I would go so far as to say if it is necessary to have mandatory sentencing in that situation, then that should be the case.

I point to the situation which exists with regard to the level of crime carried out while people are on bail. I have made a suggestion within our party structures to the Minister for Justice and Law Reform with regard to serial burglars who have been in prison before and who are on bail as a result of continuing gangland activity and breaking into houses, creating burglaries and so on. It is time for electronic tagging of those serial criminals while they are on bail awaiting a further trial. The Garda will have the statistics on this but it is clear that many burglaries are committed by the same people again and again. The experience in Galway is that the same people and gangs continually cause trouble in terms of burglaries, etc.

I compliment the Garda in Galway on the significant level of detection rates, which act as a great deterrent for criminals. I take this opportunity to welcome the initiatives taken in Galway. For example, there are two regional response units in the western region, comprising two elite units of highly skilled gardaí, which provide invaluable support to policing in the community. The two 12-member units based in Salthill, Galway and Claremorris, County Mayo, perform regular duties such as patrolling streets and county towns in Galway but can switch to armed mode in a critical situation. This is the type of policing support that ordinary gardaí need to deal with criminal gangs which roam the country continually looking for the opportunity to carry out crime.

I refer to the front line policing evident in Galway now. It is making our neighbourhoods safe. We have excellent success in the detection and apprehension of criminals but no matter what one does, the Garda Síochána cannot hope to stop all crime. Crime prevention and community support initiatives throughout the country are vitally important. Neighbourhood watch is a crime prevention programme that enlists the active co-operation of the community in neighbourhoods by observing suspicious activities and reporting them to the Garda Síochána. We must persuade more people to get involved in neighbourhood watch and encourage people to be very vigilant, especially in areas where there is a tradition of criminal activity. In some areas east of Galway city, such as Carnmore, Claregalway and Turloughmore, there is a spate of burglaries from time to time.

The Garda Síochána needs support from local communities and for them to be vigilant about activities and suspicions. It is sad that in the period when I was trying to bring about more investment, assistance and support to the Traveller community as Minister of State with responsibility for justice, equality and law reform, the number of convictions of members of the Traveller community and the number of people from the Traveller community in jail because of burglary and larceny was abnormally high. Along with various Departments, agencies and representative organisations of the Traveller community, we must try to stop this kind of activity by a small minority of the Traveller community. They bring their community into disrepute and cause trouble for the vast majority of those in the Traveller community across this country, who are law-abiding citizens and live a good life. I urge people from all walks of life to try to address this issue to prevent this scourge among that sector of the community. I am not singling them out but the statistics are clear. We must try to educate people from the Traveller community and prevent that activity, which is bringing them into disrepute.

There should be no tolerance of people breaking into the private houses of others. I urge the Minister for Justice and Law Reform to put in place whatever resources and legislative backup is required to ensure a person's home is his castle.

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