Dáil debates

Friday, 2 March 2012

Scrap and Precious Metal Dealers Bill 2011: Second Stage

 

1:00 pm

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)

I do not have the Minister's resources. I am not saying my Bill is perfect. I admitted that from the start. I was open to amendments from any party. Indeed, I had many discussions in recent weeks with Members from various parties who suggested they were interested in this issue. They showed their interest through their presence today and their contributions.

I am not saying that the Bill is perfect by any means, but I was open to amendments and would have loved to have brought the Bill to Committee Stage to add, subtract and make changes. We could have sought legal advice and the Department's resources might have been put at our disposal. If that is what the Minister is now saying, I am surprised that no one told me earlier.

The ESB has cost the Garda a fortune. In my constituency, a list needed to be put together of every ESB substation and power station and regular Garda patrols carried out. No wonder Garda car mileages are high. They are going around the country watching and trying to secure these stations. It is a problem, but the Minister does not understand the gravity of the situation. There has been an explosion in the cash for gold and scrap metal sectors. Legitimate traders are being pilloried because of rogue activities.

The Minister stated that it was poor of me not to have included powers of entry. Revenue, the National Employment Rights Authority, NERA, and many other bodies have the power to enter my property or any other business property. It goes without saying. I did not need to restate what are standard powers. If the Garda suspects something, it can get a search warrant signed by a peace commissioner. I am one. The Minister must think we are right clowns. This provision is already in primary and secondary legislation. He knows it better than I do because of his profession. I am not legally minded.

I am disappointed. This was an honest chance. The issue is a serious one. People are struggling to survive. A person's home is that person's castle, but it can be devastated. There will be more burglaries tonight and during the weekend. I am not blaming the Minister for them. This Bill was an effort to cut out the racket and get rid of the cowboys. Dozens of jewellers have contacted me. They are delighted by the legislation. They cannot operate because the cowboys are giving them a bad name. Members on the Minister's side of the House made this point as well.

This is the third Bill tabled by the Technical Group, all of which have been rejected. I understand that some were rejected for financial reasons, but no financial reason was given for rejecting this legislation. It was not meant to be a catch-all Bill, but a genuine effort to stimulate debate. We have had an excellent debate and could have had many more hours of debate on Committee and Remaining Stages. I hope my Bill can be subsumed into the Minister's. It is for him to step up to the plate. The last Minister promised this review would be finished. The current Minister has been in office for a year. He promised that the forum's report would be ready by the end of March. I will hold him to account month after month and, if I can, day after day. It is up to him to legislate. He should not claim that the Garda has enough powers because it does not. I am a member of three or four joint policing committees, JPCs, in my constituency as well as the county's JPC. Community groups, lay representatives and councillors agree that the Garda does not have the power.

This racket is being abused because the value of gold and scrap has increased. The matter is complex, but it should not be beyond the Minister to take the Bill away, dissect it with his officials, consult his colleagues and engage with groups. I will send the details of the group that e-mailed me today to the Minister if he does not mind. He might engage with it. The security of our State is at stake - these are not my words, but the group's, and I will send the e-mail to the Minister directly - because of the danger to, for example, aviation. Nothing is safe or sacred. If people are willing to steal from the church at Holycross and damage aviation and overhead lines, it is the Government's responsibility. It entered into power like the cool, clean hero and the Minister was the man with the legal experience. Protect the ordinary people. They should be allowed to live in their homes in safety. He should stand with the community groups and local organisations and give the Garda the necessary tools to deal with gangsters and marauding thugs. It is incumbent on him to do so. The people voted for the Government to do it. They voted for us to do our bit as well.

The House will vote the Bill down next Tuesday, but I may not be here because my son is making his confirmation. My colleagues will be here.

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