Michael McNamara (Clare, Labour) | Oireachtas source

Thank you very much, a Leas-Cheann Comhairle, for the opportunity to speak on this Bill, which I greatly welcome.

The effect burglaries are having throughout the State has been discussed in the media recently. There is a slight misconception that it is a problem unique to rural Ireland, but unfortunately it is not. Statistics would suggest that it affects urban Ireland just as much as rural Ireland, if not slightly more. However, it is a major problem.

People experience a sense of violation and invasion of privacy if their houses are burgled, and the sense of vulnerability which accompanies that is something this Government and previous Governments needed to tackle. I very much welcome that the Government has introduced a Bill which would give the Garda greater tools to tackle the blight that is rural burglary.

Since I was elected to the Dáil, I have attended many joint policing committee meetings in Clare County Council. Burglaries are discussed at all such meetings, as are other offences. From my attendance at such meetings I have learned from senior gardaí that there is a marked tendency, in particular in the commission of burglaries, for recidivism or repeat offending. That is borne out by the statistics. The explanatory memorandum of the Bill, which the Probation Service compiled, states that 49% of people who commit burglaries are repeat offenders. That figure is very high.

When discussing the issue recently in the context of a joint policing committee meeting with senior gardaí in Clare, I was told that a spate of burglaries is often accompanied by the release of a person or gang from prison. Once gardaí have been informed that such people have been released from prison, they will watch them. There is almost an expectation that there will be an increase in the commission of burglaries in a particular area. That is very unfortunate, to say the least.

Until relatively recently there was very little that gardaí could do other than investigate burglaries in the same way as all other crimes. However, the recent commencement order signed by the Minister for Justice and Equality in respect of the DNA database is a very important tool for gardaí. The DNA database gives the Garda the power to take and maintain DNA samples of persons convicted of offences. Up to now gardaí were quite reluctant and reticent to do so because of the costs involved in taking DNA samples at crime scenes, except for the most serious crimes such as homicides. They will now be able to take DNA samples at burglary crime scenes and will have access to the database to investigate whether DNA samples found at the site of a burglary match those in the database. Given that the Probation Service has said that 49% of those who commit burglaries are repeat offenders, it is not unreasonable to suggest or expect that there will be an increase in DNA matches, something which will make the prosecution of burglaries easier. One would hope it would lead to an increase in the number of convictions for burglary.

There is anecdotal evidence that when there is a spate of burglaries in an area, gardaí get a conviction for one. Nevertheless, they might have a strong suspicion that the same gang was involved in other burglaries. They will now be in a position to take DNA samples from all crime scenes if they think it is likely they are there. Fingerprinting is one thing, but burglars would be far more likely to leave a DNA sample than a fingerprint at the scene of a crime.

The Bill empowers the Garda to object to bail. When a bail application is made by persons charged with a burglary, if a person has been convicted of at least two domestic burglaries committed in the period starting six months before and ending six months after the alleged commission of the offence for which he or she is seeking bail or the person has been charged with at least two domestic burglaries allegedly committed in the same period or the person has been convicted of at least one domestic burglary committed when charged with at least one other domestic burglary allegedly committed in the same period, the Garda will be in a position to object to bail. Obviously the constitutional rights of the accused are respected. Judges will be able to weigh that up against the matters the Garda will bring to their attention when a bail application is made.

I am very to have happy to see the progress being made with this Bill. As I said, it will further empower the Garda and act as a further deterrent to criminal gangs who up to now had been roaming rural Ireland with a degree of impunity. The effect this Bill will have, if enacted, will at least curtail their prospect of getting bail. Furthermore, the commencement of the DNA database will increase the likelihood of their being apprehended for these crimes.

It has been said that the Garda has not had sufficient resources to tackle burglaries. This Bill, on top of other measures, such as an increase in the Garda fleet and the provision of new vehicles, will help. As I said at the outset of my contribution, mobile gangs operate within a considerable distance. On that basis, I congratulate the Minister on bringing the Bill forward and commend it to the House.

See this speech in context