Lisa Chambers (Mayo, Fianna Fail) | Oireachtas source

Crime is clearly a very serious issue and there are a number of points I wish to touch upon. The first is crime prevention, particularly in the context of rural crime. However, I also wish to address the courts system, the Probation Service, the prison system, treatment facilities and rehabilitation.

One of the key areas in terms of crime prevention is the provision of more gardaí. That has been suggested by nearly every speaker to date. It is clear that there is a need for more gardaí on the street. Visibility is a problem. If a person feels that he or she will get away with a crime, it is much more easy for him or her to commit that crime. More gardaí on the beat and more Garda cars on the roads will lead to a reduction in crime and act as a deterrent.

Gardaí need to be better resourced because we are now dealing with far more sophisticated criminals who are often very fast and sometimes a crime is committed and the criminals are gone before the Garda is even notified. We must up the ante in terms of the resources and capability we give gardaí to deal with offences.

Whether one admits it or not, the perception exists that crime is on the increase. Figures suggest that is not the case but the feeling among people, in particular in rural communities, is that they are no longer safe in their homes. A previous speaker indicated that crimes are not being reported because people feel that even if they do report a crime, they do not know what will happen or if anything will be done. Many of the reports on burglaries are made simply for the sake of insurance. There is no real confidence that the crime will be followed up, justice will be served and the perpetrator will be caught and brought to court.

That brings me to the courts system. From my previous experience as a legal professional, I have seen at first hand the pressure under which the courts system is operating. There are long lists of cases and a large number of people presenting. Judges and the Probation Service are under overwhelming pressure. They are constantly chasing their tails.

Legal aid is a problem but I disagree with the notion that we should cut legal aid without any thought. We must bear in mind that the justice system requires that people are properly represented and in order to have a fair trial people must have access to legal aid in certain circumstances. I appreciate that the system might be a bit lax. We could examine it to see how we could do things better.

One of the key issues I often came across as a legal practitioner was a situation where a probation officer would present in court and tell the judge that the person in question would benefit from access to a treatment facility for drugs or alcohol but would indicate that no places were available. That leaves judges with very little option but to impose a custodial sentence which would possibly allow the person to be rehabilitated but that leads to further problems down the line.

Sentencing is also a huge problem. The perception is that it is almost pot luck, depending on what court one appears in, what day one appears and what judge one gets. I strongly believe that a sentencing commission is required that provides guidelines to the Judiciary without impacting on that fine line between the State and the Judiciary. More consistency is required. People need to have an idea of the type of sentence that might be imposed for a particular type of offence. We have upper limits but we do not usually set lower limits. We must examine the position in this regard. I refer in particular to the area of sexual offences where, to date, some of the sentences handed down have been far too lax and send out the wrong message to victims and their families. Likewise, there have been cases where sentences were handed down that were far too harsh.

Consequently, sentencing certainly is an area in which there must be a restoration in public confidence that there is some consistency. Bail is another area that must be considered. Even within the past year, some serious crimes have been committed in which people who have more than 20 previous convictions have appeared before the courts. Members of the public are asking how such people could be on the streets, and it is a fair question to ask. The perception people have is that bail conditions sometimes can be too lenient, but then again, the options presented to judges in this regard must be considered.

The prison system is at bursting point and Members often forget a key tenet behind sentencing and what it is meant to achieve. While it must be proportionate and there must be an element of punishment, there also must be an element of rehabilitation because there is no point in putting somebody into custody only for him or her to come out worse than ever and to be at high risk of reoffending. This serves neither the public nor the greater good. I touched on this point earlier in respect of treatment facilities but greater investment in and funding for proper treatment facilities for people with drug and alcohol addictions are needed in order that they can get back on the right road and become functioning and contributing members of society. The likelihood of a person re-offending if they enter the system must be reduced. A long look must be taken at why people offend in the first place, where society may have failed them and where a better job can be done in preventing this, rather than seeking a cure all of the time. Better supports in communities and youth services certainly are major elements in this regard. If one gets into bother or difficulty with the law at a young age, it sometimes can be difficult to come out of that and become a properly functioning, contributing member of society in good standing as an adult. Consequently, this issue must be examined from a broad perspective. It is not simply about punishing people, removing legal aid and locking them up. It is necessary to examine rehabilitation, preventing people from offending in the first place, considering where society may have failed younger people in their communities and considering how a better job can be done in those communities. I believe this ties in with having better options available to the Probation Service and the judges in order that they can deal with people when they are in these difficult situations.

Overall, crime is a highly complex issue that takes in many facets, including the Probation Service, the Prison Service, the judicial system and obviously the Garda. It is necessary to take a holistic approach to this issue and consider how all these sectors can come together and work to try to prevent crime and then, obviously, deal with it properly in order that public confidence is maintained in the criminal justice system.

See this speech in context