Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

If that happens, and it seems to be happening in our society at present, it is a serious matter. It will lead to a total undermining of public confidence in what is known as the system. When the courts deal with serious criminal offences, the accused will get free legal aid. There does not seem to be a problem about it. It is a simple test and free legal aid is readily available. In other issues, however, that does not happen. We have all dealt with cases involving vulnerable people, including women in the home. They may be in difficult situations but they do not always get free legal aid or justice. There are many such instances, but it should not be like that.

In the United States, great efforts are made to protect the rights of the accused. We must be careful and balanced in this regard. If victims' rights are not adequately observed, then we are failing ourselves as well.

Given the points made by other speakers in this debate, I would say that there is a need for the legislation before us. We need to update and upgrade such legislation and I have been constantly agitating for this over many years. I compliment the present Minister for at least shortening the list a little bit, although the demand is still there.

Tagging should be used if a reliable method can be found, but it should only be available to the Garda Síochána. At least in that situation the Garda would know where somebody was and, for example, if somebody passed through a port or airport it would be known to the authorities. It is unfair to expect society to accept that those who have committed serious offences, such as murder, rape or child abuse, can travel anywhere with impunity. That would be an abuse of the system. In such circumstances, somebody in authority, including police forces, needs to know what is happening in order to protect potential victims.

We can all talk and write about issues that have arisen over the years where serious crimes have been committed against women, children or vulnerable persons with special needs. However, we must do whatever needs to be done to protect such people and address the existing legal inadequacies.

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