Alan Farrell (Dublin North, Fine Gael) | Oireachtas source

Yes. I thank the Minister of State for being present. The Bill, as proposed, is one of many steps that the Government has taken with regard to addressing the issue of burglaries of dwellings, as well as the general investment in our criminal justice system and An Garda Síochána. These moves are essential in light of the closure of the Garda Síochána College in Templemore in 2009. Clearly, we have a requirement to bolster and improve the technology, equipment and facilities available to An Garda Síochána in order that it can tackle crime head on. This is particularly relevant regarding the burglary of dwellings, which has become a major problem throughout the country.

I wish to refer to some independent research carried out by the University of Michigan on Irish rural communities between 2011 and 2014. This was reported on in The Irish Timesby John McManus. The report made interesting reading, as did the research findings. One finding is that crime in rural communities is not driven by the fact that Garda stations are closed, nor is it driven by the fact that Garda numbers have been reduced. Previously, the strength of the force stood at upward of 14,000. In fact, the research indicates that crime is being driven by our economic position and joblessness. Clearly, the Government has embarked on a two-pronged attack in that area, not only by increasing the number of gardaí available on the beat - there were as many as 61,000 hours last year alone as a result of the closure of part-time stations throughout the country - but also through facilitating the creation of 130,000 jobs since March 2012.

The Bill addresses issues relating to bail and sentencing for prolific burglars. Instances of crime, including burglary of dwellings, farms and places of work have been numerous in recent years. This measure being introduced by the Government is an essential component to tackle that problem.

I held a number of public meetings in my constituency right through the summer months. Genuine concern was expressed and the question of the steps we are taking to address these issues was raised. I am pleased the Government has been able to address issue of Garda numbers and also that relating to the number of squad cars available for deployment. Over 600 cars have now been deployed. I understand this is a net increase of over 200. In addition, the purchase of 260 new Garda high-speed or interception vehicles was announced earlier this week and these will be deployed on our roads before Christmas.

There is considerable fear of burglary. People are going to extraordinary lengths to secure their homes and farms. This is something the Government must address. We pick up the newspapers on a daily basis and read of an individual who has been before the courts with 50 or 100 instances on his or her rap sheet, including burglaries and other offences against individuals and property. Some of these people receive short sentences. Worse, they are being released on bail only to reoffend and so the cycle continues.

This Bill will tackle these problems by imprisoning such individuals for consecutive as opposed to concurrent terms. This is positive step on the part of the Minister for Justice and Equality, Deputy Fitzgerald.

Section 1 will ensure in appropriate cases that prolific burglars can be refused bail outright in such cases as an adult who is charged with a relevant offence alleged to have been committed in a dwelling.

A relevant offence is defined as being a burglary or aggravated burglary contrary to section 12 or 13, respectively, of the Criminal Justice (Theft and Fraud and Offences) Act 2001. In these cases the court must consider previous convictions, coupled with pending charges or recent convictions, as evidence that the accused is likely to commit further domestic burglaries. That is an essential component of a proper functioning criminal justice system.

I wish to address another issue raised, namely, the requirement of the State to invest in the Prison Service. It is all well and good to bring about legislation such as the Bill before the House and have An Garda Síochána and the criminal justice system implement it, but is very clear that as part of the process, we must also provide for increased numbers of prison cells and modernisation of some prisons. On the "Today with Sean O'Rourke" or "The Pat Kenny Show" radio programmes today, a topic of discussion was whether there is a case to be made regarding a concern that the Judiciary is conscious of the number of prison cells available at any given time when deciding on a sentence. I am sure the Judiciary is independent in its thinking, but the fact that such a concern exists in the public domain and was discussed on a national radio show shows it is something of which the Government and House must be cognisant in terms of providing supports for the Judiciary to ensure it can carry out its duties as effectively as we would like. That includes the concerns about bail laws and the release of individuals who are guilty of prolific crimes, their reoffending and perhaps going before the courts again having not been properly dissuaded - I do not like to use the term "punished" - from carrying out further criminal activities.

As I mentioned, I welcome the introduction of consecutive sentences for prolific burglars. The implementation of such sentences will assist in keeping them off the streets in our local communities and will give greater peace of mind to individuals in their homes. It will also act as a deterrent to burglars once the Bill is enacted. Section 2 will insert a new section 54A, into the Criminal Justice (Theft and Fraud Offences) Act 2001. This will require the imposition of consecutive sentences where a court has decided to impose custodial sentences for multiple domestic burglaries committed within a 12-month window. I ask that the Department of Justice and Equality review the implementation of the Bill after 12 months of it being enacted in order that we can assess whether a 12-month window for a repeat offender to be caught is an effective way of dealing with such criminals. That should happen on an ongoing basis with all Bills passed by the House and would be a worthwhile endeavour for the Department to engage in.

Section 2 applies to relevant offences, meaning it only applies to domestic burglaries or aggravated burglaries where the charged person is an adult convicted of domestic burglary in the five years prior to the burglary offence for which he or she has been sentenced. Section 54A(2) provides that where a previous burglary offence on the part of a person being sentenced would be determined to be within the remit of section 54A(1)(b) and (c), that offence can only be considered for the purposes of satisfying either paragraph (b) or (c) and cannot be used to satisfy both. That is related to my point on ensuring there is an effective review of the implementation of the Bill.

As I said at the outset, it is all well and good for us to pass legislation such as this Bill, which I would describe as a groundbreaking. It has been a groundbreaking day. Within the past hour, the Seanad passed the Marriage Bill, which is an extraordinary watershed for our society. Bills like the one before this House will help those who have been subjected to horrific crimes, some of which we saw reported in recent months, and for which crimes individuals have been given quite lengthy sentences. Once the Bill is enacted by the Houses of the Oireachtas and signed by the President, we will ensure proper deterrents are in place.

It is a step towards ensuring we dissuade criminals from reoffending. A suite of measures and investment are required. I very much welcome the Bill and I am sure the Minister for Justice and Equality will be only too happy to invest more money in the Department and Prison Service. This is the first step in moving towards that.

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