John Halligan (Waterford, Independent) | Oireachtas source

I move: "That the Bill be now read a Second Time."

This Bill seeks to introduce a requirement for offenders to make reparation for damage caused by crimes. The reparation can relate to medical costs for victims or damage caused to property. The Bill also provides for recognition to be afforded to offenders who voluntarily make reparation prior to trial. It also provides for the making of reparation orders by a court for the purpose of compelling an offender to make reparation.

Before speaking on the Bill I should make it quite clear that the Bill has absolutely nothing to do with sentencing, and I will not speak about mandatory, minimum or maximum sentencing. I have gone into great detail in introducing this Bill, as I have spoken with gardaí, who were extremely helpful, and a legal team which was very good in giving information and contributing to the layout of the Bill. I have also spoken to community groups and people who deal with victims of crime. Some of those groups were represented at a press conference this morning.

Between 2004 and 2012 the rate of home burglaries in Ireland increased by an average of 13%, with the increase as high as 40% in some parts of the country. Current statistics indicate that one in every 222 people is a victim of burglary every year. Based on Central Statistics Office, CSO, information for 2012, 75 burglaries are reported daily nationwide, equating to one burglary every 19 minutes. In rural areas in particular, the incidence of burglary has increased, and this has been compounded by the closure of rural Garda stations and the improved road network, which gives urban gangs ready access to rural areas.

The average value of goods taken in a burglary has been estimated at €1,868, but the consequences for victims go far beyond a missing television or laptop. The American use of the term "home invasion" to describe a burglary sums up the nature of a domestic burglary to a victim. A report by Eircom Phonewatch indicated that one in five victims rated burglary as being as upsetting as losing a job, and there is a growing body of international research on the health impacts of burglaries for victims. A study by a North Carolina school of medicine on different types of crime revealed that burglary victims compared the experience to being personally violated. Many victims also have anxiety disorders and problems with sleeping months after the burglary. Children may also be negatively affected by burglaries, especially if they see how hard it is for parents to deal with burglary.

Home burglaries maim and traumatise victims for the rest of their lives. They also induce a feeling of violation for the victim in the very place in which they are entitled to feel most secure. There is no doubt every Deputy sitting here is aware of a case in which a victim of home burglary could not settle into a house after the event, and many have had to leave their homes. The entire country was horrified to read about the shocking case in west Clare recently in which a 68-year-old man abandoned his home and checked into a nursing home after being terrorised.

Recently, the Irish legal process has become increasingly effective in listening to the voices of victims of crime, and for that it should be commended. The victims' charter marked an important development by firmly establishing that throughout the system victims have needs which must be addressed. The fact that the State funds voluntary organisations in supporting victims of crime is also welcome. However, although victims are increasingly considered a stakeholder in the criminal process, many of the needs of victims are not met. Over a third of criminal offences heard in the Circuit Court every year relate to fraud, theft and burglary, and there is no minimum or mandatory sentence for burglars. Two out of the three people brought to court in connection with the case of Mr. Michael McMahon in Ennis walked free, and I know of cases in which people with 100 convictions have been freed. Only a fifth of burglary convictions lead to jail terms of more than five years, and almost half attract sentences of three years, or far less at times. Adding insult to injury, many robberies are carried out by repeat offenders, and half of the convicted burglars who serve sentences in the community reoffend within three years, according to CSO and Probation Service figures. The Minister for Justice and Equality has indicated that the rate is far too high.

Criminals know there are fewer gardaí on the roads and as a result they know there is less chance of being caught. I am proposing a deterrent of a different nature, as it puts the victim first. Last year calls to the national crime victims' helpline relating to property crime doubled. Victims of a burglary or robbery accounted for almost a quarter of all contacts during the year and representatives of the helpline indicated that these burglaries had a major long-term effect on people in an emotional and financial sense. On top of this stress, victims face layers of red tape with insurance companies in trying to recoup some losses, which is not right.

Compensation for victims of crime has been established as a key right in a number of jurisdictions. The European Council directive on compensation to crime victims, into which this Government has opted, requires all member states to have a national scheme guaranteeing fair and appropriate compensation to victims of crime. There are other pieces of EU law facilitating the provision of compensation from the offender to crime victims. There is a regulation on jurisdictional enforcement of judgments in civil and commercial matters, which provides that a victim may sue an offender for damages in the same court which deals with the criminal proceedings if possible under national law. In this country, neither the criminal injuries compensation tribunal nor section 6 of the Criminal Justice Act 1993 applies to victims of burglary.

It is here that the State fails in its duty to offer the fair and appropriate compensation to victims of crime to which we have committed in the European Union. The Criminal Justice Act 1993, section 6, provides that, where a defendant is convicted of an offence, the court may make an order requiring him or her to pay compensation for personal injury or loss suffered by the victim as a result of the offence. The decision on whether the compensation order should be made is at the discretion of the court. This fails victims.

I propose that judges order those found guilty of burglary, regardless of whether a custodial or community sentence is handed down, to repay the costs of what they have stolen and the damage caused. That is restorative justice and reparation of victims. It has been said that restorative justice includes the victim meeting the perpetrator. All statistics show that most victims do not want to do that. They are too traumatised to meet that person and many are afraid. It is not included in the Bill because I have spoken to many victims and victim support groups and they want compensation. They want to be heard. Victims need Government support.

This Bill proposes restorative justice, a response to crime that focuses on restoring the losses suffered by victims, holding offenders accountable for the harm they have caused. It is difficult to put a monetary value on the harm. Jewellery and cash account for approximately three-quarters of all items reportedly stolen in burglaries. Approximately €10.7 million worth of jewellery and cash was taken in burglaries in the last six months of 2013. Sentimental items, such as wedding rings, cannot be replaced. It would give victims some satisfaction to know there is a price to be paid for breaking into their homes. Restorative justice is based on the idea that because crime hurts, justice should heal. The victim of a burglary deserves justice in the same way as any other victim. If that justice has to come about via deductions from a criminal’s means of living, be it wages, pension or social welfare, so be it. I have no doubt the argument will be made that the Bill’s proposals infringe on the rights of the accused in some way. I am more interested in defending the rights of homeowners than in someone who wants to break into a home to steal and make a person’s life miserable. We need to send a clear message to burglars that there is a price to be paid for breaking into someone’s home.

By this time tomorrow night hundreds of homes will have been broken into throughout the country. People’s lives will have been changed forever because personal items will have been stolen, their homes violated, money taken and they may have been injured. We owe it to the victims to do this. Everyone knows I am a socialist and believe firmly in rehabilitation. I do not believe in turning the key and throwing it away. I have always spoken out for victims and for human rights. This Bill aims to protect the human rights of thousands of victims throughout the country.

It is not right, whether somebody receives social welfare or earns large sums, that he or she can violate another person's home and steal money and property. It is not right that he or she may not face even a custodial or community sentence. It is not right that he or she may be given bail but it is right that victims are heard. At the very least he or she must pay back what has been taken. I cannot put my hand in someone’s pocket whether I am unemployed or not and steal from it. If I am caught I must pay it back. Many argue the person may be unemployed or not have money. I have great sympathy for people who are unemployed but that does not give them, or anyone who is working, the right to violate a person’s human right.

When I raised this on Leaders’ Questions some months ago the Tánaiste indicated if this Bill came before the Dáil the Government would look on it favourably. I have shown the Bill to members of the Garda Síochána, who have been very good to me, and to victims' groups all over the country. I have met barristers and people who have been victimised. I made a point of speaking to people in my city. I went to 30 homes last week and this is what they want. They urge the Government to do this. Will the Minister of State support this Bill? If he wants to propose amendments he can show them to me. I would be very careful in rejecting this Bill if I were the Government. It is the first time a restorative justice, reparation of victims Bill has come before the Dáil and hundreds of thousands of people are looking for restorative justice and their human rights.

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