Dáil debates

Wednesday, 27 June 2018

Bail (Amendment) Bill 2017: Second Stage [Private Members]

 

5:00 pm

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail) | Oireachtas source

I compliment Deputy O'Callaghan on bringing the Bill forward. It is time for this House nailed bail with jail for repeat offenders. The majority of decent people, law-abiding citizens want the punishment fit the crime. Regardless of the CSO figures released today suggesting that homicide figures were down from 87 to 72 to the end of March, most crime figures are on the rise.

Last evening, I attended a local policing forum meeting in my county where it was outlined that most categories of crime are up this year when compared to the same period of 2017. Serious crimes, including theft and threats to kill, are up on last year's figures. Last week during Questions on Promised Legislation, I referred to the programme for Government in the context of the brutal murder of Cameron Reilly which has left the community of Dunleer and my constituency in shock, as did the murder earlier this year of Yosuke Sasaki in Dundalk. These, coupled with the murder of Detective Garda Adrian Donohoe and Garda Tony Golden, are examples of the need for action on the perpetrators of crime particularly their use of lethal weapons such as guns knives and not to mention brute force which are all part of every day crime perpetrated on our citizens. Our bail laws are ineffective when perpetrators of violent crime repeatedly appear before the courts and are allowed out on bail to reoffend. There are no deterrents to discourage such criminal activity. We need a system where the punishment matches the crime. We need to get tough on those appearing in court on additional charges, repeat offenders, so that bail will not be considered for such individuals and a deterrent is clearly there to halt these activities.

In the period between the two shocking murders I mentioned, two individuals previously charged with murder in the Dundalk area were out walking the streets on bail, one accused of the murder of a taxi driver, Martin Mulligan, the other accused of the murder of Irene White. It is my strong belief and that of his family that in the case of Shane O'Farrell had the bail laws not been as relaxed as they are he would be alive today.

For less serious offences such as burglaries and theft, it is common knowledge - and I have been told on more than one occasion by members of An Garda Síochána - in my area that the incidence of many crimes would reduce by up to 60% once certain known criminals who specialise in one or more of these criminal activities were under lock and key. Surely the fact that they would not qualify for bail, being repeat offenders would go some way to reducing the crime figures.

In the past ten years more than 250,000 crimes were committed by those out on bail. Currently, the perpetrators of serious crime are apprehended by the Garda, charged and then released while a file is being sent to the Director of Public Prosecutions, DPP. A file could be with the DPP for months. In the meantime, the people in question are reoffending. There has to be a system where those charged with violent crimes are held on remand while the DPP considers the files. If this means provision of more prison spaces, then bring it on. Before entering this Dail many of us heard talk of zero tolerance, crackdown and a war on crime. We owe it to our constituents and our communities to take this issue seriously and deal with it. It is incumbent on us to get back to a position where some degree of law and order is restored and gardaí feel more confident in dealing with these issues and do not think they are wasting their time trying to bring these cases to court.

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