Dáil debates

Thursday, 22 October 2015

Criminal Justice (Burglary of Dwellings Bill) 2015: Second Stage (Resumed)

 

3:45 pm

Photo of Michelle MulherinMichelle Mulherin (Mayo, Fine Gael) | Oireachtas source

I also welcome the opportunity to speak on this important and timely Bill. Its particular significance is that it speaks to the reality of what is happening regarding burglaries. It examines repeat offending, sentencing and so on. Burglary is a heinous crime which invades people's private property and personal space. We know in the case of aggravated burglary that it can cause harm to individuals, homes, families and so on. It is very traumatic and we have to deal with it in a serious fashion. This Bill, among a suite of measures undertaken by the Minister and An Garda Síochána, goes some way towards tackling serious crime.

Repeat offenders are granted bail despite having been charged with multiple burglaries, and they often commit further burglaries while out on bail. I guess they feel they have nothing to lose. Another problem is that when they have been convicted having been charged with multiple burglaries, all the offences are taken into account and one sentence is imposed. There is concurrent sentencing, as Deputy Farrell has described. A person might as well do a dozen burglaries as he or she will be treated the same.

We know that at the moment the hands of the courts are tied on the issue of bail. Where charges are pending and a person applies for bail, the fact he or she has previous convictions for domestic burglary is not taken into account in the decision of judges on whether to grant bail on the basis of whether the person is likely to commit further burglaries. It seems to be a habit for those engaged in burglaries.

The figures provided by the Minister, Deputy Fitzgerald, show that 75% of burglaries are carried out by 25% of burglars. I would call them career burglars and they need to be dealt with in that fashion. Parts of the Bill amend the criminal justice Act of 2001 which allows and requires a court to impose a custodial sentence for multiple burglary offences on a person's conviction on same and to impose consecutive sentences. That is only fair and is what justice demands.

Deputy Farrell mentioned an interesting report covered in The Irish Times. Some burglars are vicious, in particular those involved in the case in Tipperary. Some burglars seem to have a mean and more vicious streak. Criminologists look to the reasons that is the case. Yesterday, Deputy Farrell explained that such behaviour is put down to the desperate economic times we have had, including joblessness. From my observation, I would say it is somewhat of an insult to those who are unemployed because most of the individuals carrying out burglaries have never done a day's work in their lives. They are very inventive and creative when it comes to breaking into people's homes and destroying lives. That is why we have to be very severe with them.

More prison places need to be provided because if a person is given time, they should be serving time. Many criminals coming before the courts do not have a fear of the prison system and do not care about going to jail.

4 o’clock

We might care about it because we are law abiding and most law abiding people are afraid of going to jail, but these guys are not. We must look at the regime in prison. Often people get out pretty quickly. Early or temporary release should be an exception and not the rule, but it is the rule currently.

A person must want to be rehabilitated but clearly, based on these figures, these burglars who have previous convictions are not being rehabilitated. It is all good and well if a person wants to be rehabilitated. My colleague put it more politically correct by saying we want to dissuade people. They want to be left in no doubt that if they do the crime they will do the time. This is my attitude to it. The attitude they have at present is that they have no fear of law and order and no fear of prisons. This is a serious issue that must be addressed. I am not saying they should not be treated in a civilised manner. There should be no barbaric treatment, but it should be a lot leaner in prison than what it appears to be in some of the cases for some of the guys who are frequent offenders and who are in and out of a revolving door.

I very much welcome the other suite of measures the Minister has introduced and the investment undertaken. There is ongoing recruitment in Templemore. It has been quite debilitating for the Garda that for quite a number of years no new recruits have come into the system. As well as learning, gardaí need practical experience on the ground. The Garda has also lost older members through retirement and natural wastage. We have a gap and a difficulty in the Garda Síochána which is now being addressed with 550 people recruited between 2014 and 2015, with provision in the budget for a further 600 gardaí. I also welcome the provision of new Garda vehicles between the start of this year and the recent budget announcement, which will mean approximately 600 additional vehicles. The recent budget announced an investment of €5.3 million, which will bring the total invested in Garda vehicles since 2012 to €34 million.

Rural crime is a very sensitive issue because when it happens it is very severe and has a very deep impact on the people affected. It is causing a lot of fear. I would like to think many of our plans will be about empowering people and helping them to fight back in conjunction with the Garda. I am not speaking about vigilantism, but there comes a time when one gets sickened when one sees these guys going into court after tormenting and breaking into somebody's house and they have no shame whatsoever. We have to draw a line. I am delighted to see investment in the Garda text alert scheme because it is particularly helpful in rural areas. For a few hundred euro people in many communities around the country can look out for each other. Not only this, but they can connect with the Garda. Intelligence is passed around and it is a very good system. It is a very sound investment and I welcome the allocation of €397,000 for 2016.

A particular issue I have raised with the Minister is the provision of CCTV. There has been much talk about the closure of rural Garda stations, and without a doubt there was nothing much happening in them beyond the building itself and this is a fact. However, we need to help the Garda by providing more tools for rural policing. Rural CCTV through the main streets of towns and villages is critical. This is something in which the Minister of State, Deputy Ann Phelan, takes a particular interest in her portfolio. The amount of crime solved and how gardaí are assisted by CCTV is remarkable. Believe it or not, it is only in the past three years that my town, which is the largest in County Mayo, got CCTV on the back of RAPID funding from the Government. There needs to be co-operation between the Minister for the Environment, Community and Local Government, Deputy Kelly, the Minister of State, Deputy Ann Phelan, and the Minister for Justice and Equality, Deputy Fitzgerald, to ensure this is a feature and not ad hoc. Previous schemes which rolled out CCTV were not extended throughout the country and it was a case of whoever got in first. This must be done to give people hope that crimes can be solved and these criminals who are going around the country can be captured and put in their place, which is behind bars. It also requires investment in IT systems and general support for the Garda Síochána, who we know are out there at the coalface upholding law and order and keeping us all safe. I pay tribute to them all, particularly in light of the loss recently of Garda Tony Golden who was from my hometown.

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