Dáil debates

Tuesday, 12 June 2012

5:00 pm

Photo of Dinny McGinleyDinny McGinley (Donegal South West, Fine Gael)

I thank Deputies Calleary and O'Donovan for bringing these important matters to the attention of the House. I am speaking on behalf of the Minister for Justice and Equality, who regrets that he is unable to be present due to other business.

The Minister was appalled to hear of the recent incidents of aggravated burglary, where elderly people were terrorised in their own homes. I am sure that the House will support the Minister's wish that the unfortunate people affected by these despicable crimes will be able to recover quickly. As a number of Garda investigations are underway and some arrests have already been made, the Deputies will appreciate that it is not appropriate to comment on any of the particular cases. The Minister is, of course, concerned about the incidence of burglary in recent times but he welcomes the fact that gardaí are responding effectively.

As the Deputies will be aware, the Garda Commissioner has introduced a wide range of measures aimed at tackling gangs involved in burglaries. These measures are encompassed in Operation Fiacla, which is particularly focused on identifying and targeting mobile gangs involved in burglaries around the country, and bringing them before the courts. Operation Fiacla is intelligence-driven and specific burglary initiatives have been implemented in each Garda region in support of this national operation.

Prevention is also a key issue in tackling burglary and the national crime prevention unit and crime prevention officers at divisional level provide advice, information and support to individuals, organisations and businesses to help reduce the incidence of burglary. The Garda Síochána is proactive in supporting communities and a few weeks ago the Garda Commissioner launched the national Garda Supporting Safer Communities Campaign. This important campaign highlights a range of key issues, including burglary prevention in particular. A further campaign will take place in September. In addition, the "Crime Call" television programme, which is broadcast once a month to an average of 400,000 viewers, is often used to highlight burglary prevention.

Burglary is a criminal offence which carries serious penalties. The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for sentences of up to 14 years imprisonment for burglary and, in regard to aggravated burglary, up to life imprisonment. In addition, section 25 of the Criminal Justice Act 2007 provides, subject to certain criteria, that if a person who has been sentenced to a term of at least five years for a specified offence, including aggravated burglary, commits another specified offence within seven years of the first conviction, the court must impose a sentence of at least three-quarters of the maximum sentence - unless it would be disproportionate in all the circumstances of the case. Where the maximum sentence is life imprisonment, the court must specify a sentence of at least ten years. The Deputies will appreciate that the maximum sentences provided for in the legislation cannot in any way be considered inconsequential, and reflect the seriousness of such offences.

In so far as the question of mandatory sentencing generally is concerned, the Deputies will be aware that there is currently a mandatory life sentence for murder and there are certain offences which are subject to a presumptive minimum mandatory sentences regime. The previous Attorney General asked the Law Reform Commission to examine the issue of mandatory sentencing. The LRC published a consultation paper on this issue last January. As is the normal practice, the LRC has invited submissions from interested parties before it prepares its final report. The Minister will examine and consider the LRC's recommendations as soon as the final report is available.

The Government will do everything it can to support the Garda Síochána in its work and provide resources as public finances permit. The Minister is confident that gardaí will continue to provide a robust response to those who engage in crimes aimed at vulnerable people, and will bring them to justice.

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