Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

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

I am pleased to present the Criminal Justice (Burglary of Dwellings) Bill 2015 to this House. The Bill, on which I and the Department have been working for a number of months, is targeted at those repeat burglars who have previous convictions and are charged with multiple offences of residential burglary. It strengthens the provisions for refusal of bail and provides for tougher sentencing for repeat home burglars.

Burglary is a persistent and highly damaging crime, particularly in the very distressing situations where householders may be assaulted by the criminals involved. I am conscious of the serious impact of these offences on individuals, families and communities and I recognise the public concern at these crimes. The importance of the home is recognised by Article 40.5 of the Constitution which states: "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law." The courts have recognised that burglary of a person's home is a heinous and traumatic crime. In its judgment in the 2006 case of DPPv.Barnes,the Court of Criminal Appeal stated: "The offence of burglary committed in a dwellinghouse is in every instance an act of aggression, an attack on the personal rights of the citizen as well as a public crime and is a violation of him or her."

The background to this Bill is that earlier this year, in response to concern about a rise in domestic burglaries, I initiated an urgent and broad review of the criminal justice system's response to the problem. The review included a focus on interagency measures in relation to the management of prolific offenders, visible policing, crime prevention support for communities, and an examination of legislative issues. As part of the review, I convened and chaired a high-level meeting, which was attended by the Garda Commissioner, the Probation Service and the Irish Prison Service to look specifically at this issue and decide what legislative action we could best take.

An important fact which emerged during the review was the finding that a large proportion of domestic burglaries are committed by serial offenders. Figures from the Garda Síochána analysis service indicate that approximately 75% of property offences are committed by 25% of offenders. I have been consistent in my view that serious offenders and serial offenders must continue to be imprisoned. Public safety is of paramount importance and I am absolute about this. In this regard, I firmly believe that targeting the small, hardened cohort of repeat burglars has the very real potential to significantly reduce the number of burglaries being committed. With this in mind, the review I referred to identified two key problems which can be tackled by legislation. One relates to repeat offenders who are granted bail despite being charged with multiple burglaries and who often commit further burglaries while on bail. The other relates to the fact that relatively short sentences can be imposed by the courts when multiple burglary offences are taken into account.

There is evidence of a high rate of recidivism for burglary. Data from the 2013 Irish Prison Service recidivism study show a recidivism rate of over 79% among persons imprisoned for burglary and related offences. Data from the 2008-13 Probation Service recidivism study show a recidivism rate of 49% among persons engaging with the Probation Service for burglary and related offences. These recidivism rates are the highest rate for any offence group. They are considerably higher than the overall recidivism rates indicated by both studies.

Tackling crime and burglaries remains a top priority for the Government and for An Garda Síochána. I am in close contact with the Garda Commissioner to ensure that the policing response is effective and that Garda operations take account of evolving trends and patterns in burglary offences, both in rural and urban areas.

In recent times, Garda strategy to counter burglaries and related crimes has been co-ordinated under Operation Fiacla, which is a national operation targeting burglary by using an intelligence and analysis-led approach. In support of Operation Fiacla, there are burglary related operations in place in each Garda division. Special targeted patrols have been implemented with the assistance of Garda national support services against criminal groups. These arrangements have also targeted the use of motorways by criminal gangs and have contributed to the arrest of a number of high-priority suspects. The sustained Garda response under Operation Fiacla has produced many successes in disrupting those involved in this type of criminal activity. As of 31 August 2015, Operation Fiacla had led to 14,381 arrests, with 8,181 persons charged. I congratulate An Garda Síochána for this work in detecting and dealing with these crimes and bringing people to court.

Work is progressing on updating the Garda operational response to burglary. Recently, I authorised €700,000 for new specialised vehicles to support the Garda in responding to current and emerging crime threats, including burglaries committed by highly-mobile gangs. This is being supported by the allocation of €1.75 million to An Garda Síochána to upgrade surveillance equipment on Garda aircraft, including infra-red cameras for night-time use which will greatly enhance the capacity of gardaí to monitor and track mobile gangs and tackle night-time burglars. More generally, this Government has invested nearly €29 million in new Garda vehicles since 2012, with 370 new vehicles coming on stream since the start of this year. The Government's investment in new Garda vehicles clearly supports the Garda in being mobile, responsive and visible in the community, both urban and rural, as well as being critical to supporting the work of the Traffic Corps and national units. More particularly, in terms of rural policing, our priority has been focused on delivering highly-mobile and responsive Garda patrols in rural communities which are being supported by this Government's ongoing level of investment in new vehicles.

I emphasise this investment is only the start. The Government's Capital Plan 2016-2021, published on Tuesday, includes an unprecedented allocation of €875 million in capital funding along with approval for further public-private partnership projects in the justice sector. I welcome particularly the total allocation of €46 million for Garda vehicles, which proves the Government's ongoing priority commitment to ensure that the Garda fleet is modern, effective and fit-for-purpose. Funding will be provided for both regular Garda patrol vehicles as well as specialist, high-power vehicles for targeted operations.

On Tuesday, I announced the substantial additional investment of €205 million in new technology and systems for An Garda Síochána, which delivers my commitment to progress important much needed reforms of An Garda Síochána on foot of last year's comprehensive report from the Garda Síochána Inspectorate. What will this ICT do? The allocation will deliver new systems which will ensure a more responsive deployment of gardaí in the community and improved Garda response times. Let me give some examples of the new integrated systems to be developed through this investment. Let us be clear we do not have these at this time because the investment has not been made previously to upgrade ICT within An Garda Síochána to ensure it has the kind of technology it needs to respond in the most effective way.

This new investment will mean that we have a new computer-aided dispatch system to ensure more responsive and co-ordinated deployment of gardaí in the community and to improve Garda response times. This is very important to deal with changing crime trends.

As we know, the trends in criminal activity vary all of the time. Another example is mobile technology to give gardaí secure mobile access to critical information when and where they need it while another example relates to investigations management systems to ensure enhanced management of crime investigations. The latter was highlighted by the Garda Inspectorate report last year which highlighted the fact that the gardaí had the technology to record the initial reporting of a crime but did not have the appropriate technology to have an investigation management system that could be shared around the country. Given the mobility of criminals not just nationally but internationally, having an investigation management system that is up to date is essential to enable the gardaí to have data that can give up-to-date information on where an investigation is at a particular moment in time. Extending the roll-out of automated number plate recognition to enhance policing of road safety and compliance is very important and speaks for itself. These and other new technology solutions will start immediately and some will be in place before the end of the year. They will cut back on the amount of time involved in paperwork so that gardaí can spend more time engaged in visible front-line policing in communities. With this investment, we will consign outdated paper-based practices to the dustbin and equip our police service for the digital era. I think everybody is agreed that this is an essential part of the investment that is needed in An Garda Síochána over the next period of time.

In addition to the ongoing construction of three new divisional headquarters in Kevin Street in Dublin, Galway city and Wexford town, I also announced on Tuesday that €18 million is being provided for the refurbishment of Garda stations throughout the country. In addition, a new public-private partnership project will be developed to provide new Garda stations at a number of locations throughout the State as well as providing new facilities such as modem property and exhibit management stores in a number of Garda stations throughout the country so where the gardaí have confiscated material of one sort or another, they will have the resources and facilities to store it appropriately. This can only help in court when they are producing evidence and ensure that there are more convictions. I will announce further details of all these projects in due course.

Of course, the fight against burglaries and crime generally will be aided greatly by the Government's decision to recruit new gardaí. In September 2014, the Government re-opened the Garda College in Templemore for new recruits for the first time since 2009. The fact that Templemore was not recruiting from 2009 until we opened its doors in 2014 had a detrimental impact on Garda resources around the country. I am very pleased that as a Government, we were in a position to begin steady recruitment of new gardaí once again. Since we opened Templemore, four intakes of new Garda trainees have entered the Garda College giving a total intake of just under 400 recruits. Of these, 290 have already attested and are now working in communities nationwide. New recruits who have emerged from Templemore have been assigned. In addition, 150 more recruits are due to enter the Garda College by the end of the year. This will bring to 550 the total number of Garda trainees recruited under this Government between September 2014 and 2015. It is my intention that there will be ongoing recruitment of Garda trainees throughout 2016. This ramped-up recruitment underscores the Government's determination to deliver an effective and responsive police service to protect our communities and respond to emerging crime trends.

The gardaí continue to pursue a range of measures to support elderly and more vulnerable people in the community working closely with Community Alert and other schemes and groups. Deputy Stanton, who is chairman of the Oireachtas Committee on Justice, Defence and Equality, told me earlier that Community Alert will celebrate its 30th anniversary very shortly. Great credit is due to those people who initiated Community Alert, Neighbourhood Watch and other community groups. They are essential. I believe many communities around the country are increasingly becoming involved in a variety of these schemes and this is also an essential part of communities feeling safer and helping the gardaí in their local areas. I have met many of the groups involved. Community partnership has been particularly evident in the success of the Garda Text Alert scheme. Since it was launched in September 2013, this initiative has developed as an important crime prevention mechanism. There are over 600 local groups involving in excess of 120,000 subscribers. This is a great example of voluntary effort, community responsibility and citizens supporting each other. An estimated 200,000 text messages are sent each month under the scheme. I am informed that every Garda division, rural and urban, now offers the Text Alert service and An Garda Síochána has published guidelines to assist in the establishment and operation of local groups. It is clear from meeting the groups involved in running this that it takes some time to begin to set it up, use it properly and develop the liaison with the local gardaí. The local gardaí are there to work with the community to make sure it is working effectively.

I am aware of the concerns that have been expressed regarding the risk that "cash for gold" and other outlets which purchase second-hand jewellery and precious metal from the public could be used by criminal elements to dispose of stolen goods, particularly from home burglaries. I recently announced a public consultation on the possible regulation of "cash for gold" outlets and the second-hand sale of precious metals. A consultation document setting out a number of policy options for mitigating risks in this area is available on my Department's website. The closing date for receipt of submissions is 30 October 2015.

I wish to comment on the reform of bail. Deputies will also be aware that I published the general scheme of a new bail Bill in July. This new Bill will seek to improve the operation of the bail system and make the law as effective as possible in protecting the public against crimes committed by persons on bail while also safeguarding the rights of the accused person. I have outlined a range of initiatives which are being taken to confront repeat offenders and protect households and businesses around the country. I am confident that these measures, including new legislation and targeted Garda operations, will strengthen my carefully considered approach to dealing with serial offenders and supporting improved community safety.

I will now outline the provisions of the Bill, dealing first with bail in burglary cases. Section 1 seeks to ensure that prolific burglars can be refused bail in appropriate cases. At the outset, it is necessary to recall that a decision to grant bail in a particular case is a matter for the court which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because in the eyes of the law, a person is innocent until proven guilty. Prior to 1997, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. Burglary offences are designated as serious offences for the purposes of the Bail Act. However, it is clear that prolific burglars with numerous previous convictions are repeatedly granted bail despite Garda objections even when charged with a series of burglaries. Section 1 of the Bill will deal with this issue. We outline in the Bill how bail is to be dealt with. We have many new sections relating to that.

We also deal with consecutive sentences for burglary. Section 2 deals with that and will insert a new section 54A into the Criminal Justice (Theft and Fraud Offences) Act 2001. The new section will require a court which decides to impose custodial sentences for multiple domestic burglary offences committed within a 12-month window to impose such sentences consecutively. The new section applies only to a "relevant offence", which means a burglary or aggravated burglary. The provisions will apply only to adults previously convicted of a domestic burglary committed in the five years before the burglary offence for they are being sentenced. There are a number of new subsections which outline the various circumstances where it will apply.

Subsection (1) of the new section 54A will apply where an adult:

(a) is being sentenced to imprisonment for a domestic burglary,

(b) was convicted of another domestic burglary committed in the 5 years before the offence for which he or she is currently being sentenced, and

(c) was sentenced to imprisonment for another domestic burglary committed in the period starting 6 months before and ending 6 months after the burglary offence for which he or she is now being sentenced.

In such a case, any sentence of imprisonment which the court chooses to impose for the burglary for which the person is currently being sentenced must be consecutive to any sentence of imprisonment imposed for the prior domestic burglary offences.

Subsection (2) makes it clear that where a prior burglary offence would come within paragraphs (b) and (c) of subsection (1), that offence may be considered for the purpose of satisfying either paragraph (b) or (c) but not both.

Subsection (3) provides that subsection (1) will apply only where the burglary offence for which the person is being sentenced was committed after the Bill comes into operation, and will apply irrespective of whether the other offences were committed before or after that date.

Subsection (4) provides that the aggregate term of imprisonment for consecutive sentences imposed by the District Court under the new provisions can extend to but not exceed two years. No such restriction, of course, will apply to the Circuit Court.

Subsection (5) provides that a reference in subsection (1) to a conviction for a relevant offence includes a conviction that is currently under appeal.

Subsection (6) defines "dwelling" and "relevant offence" for the purposes of the new section.

The discretion of a court to impose or not impose a custodial sentence will not be restricted by the new provisions.

Section 3 is a standard provision providing for the Short Title and commencement of the Bill.

I wish to mention a newspaper opinion piece from The Sunday Timesof 20 September, which reflected on the effects of burglaries in rural communities. It concluded that the new Bill would be a lever for change which would have the effect of:

obliging the criminal justice system to lock up violent, repeat criminals, while dealing more humanely with non-violent offenders - it should be welcomed as a progressive measure. And rural Ireland will be a safer place on winter nights.

I would also add urban Ireland.

The Bill targets repeat burglary offenders through bail measures and provisions concerning the imposition of consecutive sentencing for repeat offending. The key objective of the legislation is to target a cohort of persistent offenders who prey on law-abiding householders and clearly have no concern for the damage and distress they inflict on other people. The Bill is designed to keep these repeat burglars off the streets and to improve the safety of our communities.

I hope the Bill will be passed by the Dáil and Seanad as early as possible. I commend the Bill to the House.

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