Bernard Durkan (Kildare North, Fine Gael)

I am happy to speak on this important Bill and to support it. Like many others in this House, we have observed the need for improvement in legislation to deal with the ever increasing volume of serious crime. There is a need for good practice and the recognition of the accused to have their constitutional and human rights respected. The degree to which institutions of the State deviate from good practice can itself be the very instrument used to undermine the case being made, even though that may be made in the best interests of the State and the protection of its citizens. It is one of those peculiar anomalies that we must respect at all times.

I have always been an advocate for robust application of the law, particularly in so far as organised criminal gangs are concerned. They have grown and gone from strength to strength over the past ten or 15 years. They are spreading their wings into the wider community and are seeking out vulnerable members of society who may be vulnerable for reasons of economic difficulty, or substance abuse, or whatever. These people are being used to promote and extend the crime barons' field of activity. The sad part is that these people pay the price. The crime barons do not seem to be caught out to the same extent. It is not new to this jurisdiction or to adjoining jurisdictions. It is not new to the administration of justice globally. It is just one of those things that seems to happen. Arising from the judgment that brings us to focus on this Bill, I hope that a special effort can be made in future to ensure that not only do the direct perpetrators pay the price for serious crime, but that the "Fagins" who promote and benefit from this behind the scenes receive their just punishment in the same way as the fools they use to commit their crimes.

The criminal world is becoming more sophisticated in terms of technology and technique. They have spread their communications across the globe. In turn, this presents a huge threat to governments and the institutions of states, and a huge threat to the efficacy of the administration of justice. We need to be aware of that and we have to balance that against the need to recognise the rights of the individual, even when accused. Our observance of their rights will in turn determine the strength of the case ultimately proffered against them. Recognition and due regard should also be had for the rights and entitlements of the person in prison. Those rights are the same because the State has now a duty of care to ensure the rules and regulations are applied so it is not brought into disrepute for failing to apply them.

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