Willie Penrose (Longford-Westmeath, Labour) | Oireachtas source

I am pleased to have an opportunity to contribute to the debate on the Criminal Justice (Burglary of Dwellings) Bill 2015. The purpose of this important Bill is to address a couple of problems relating to bail and the sentencing of prolific burglars of dwellings. I know something about burglary because my family has a shop premises that was subjected to a burglary approximately ten years ago. Somebody broke into our small rural shop and took €10,000 worth of goods from us, even though, peculiarly, we have a Garda station and everything in our local area. That happens because we could have a garda on every corner and burglars would still sweep in and rob from us.

This Bill provides that when bail applications are made, previous convictions for domestic burglary, coupled with pending charges or recent convictions, shall be considered as evidence when considering whether an accused person is likely to commit further domestic burglaries. The Bill allows the court to decide to impose custodial sentences in cases in which a significant number of burglary offences have been committed within a 12-month period, and to impose such sentences consecutively if appropriate. The main purpose of this legislation is to address issues pertaining to bail and the sentencing of prolific burglars of dwellings. It specifically targets those prolific burglars who have previous convictions and multiple offences for committing residential burglaries. It also grants the court the power to refuse bail in specific circumstances and to increase the sentences imposed on repeat burglars.

Having practised in the courts for 25 years or more, I have to say I have no doubt about the probity, integrity and independence of the Judiciary.

It is beyond reproach. Its members are the third arm and are fiercely independent, and rightly so. They consider a huge number of factors in individual situations. I was interested in some of what Deputy Pringle had to say in this regard. A person's home is his or her castle. That is recognised in Article 40.5 of the Constitution. People work hard to put their homes and their businesses together, and we certainly did. They work hard to improve their homes, to maintain them and discharge the substantial mortgages associated with them. Then they return from an evening out or wake up the next morning to find their home has been destroyed, burgled or ransacked, sometimes damaged beyond repair with their valuables taken.

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