Dáil debates

Wednesday, 27 June 2018

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

 

6:00 pm

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail) | Oireachtas source

We have a serious problem whereby people who are on bail reoffend. I compliment my colleague, Deputy O'Callaghan, on bringing this legislation forward and presenting us with an opportunity to address this problem. The Bill attempts to redress the balance between the victim and offenders for one specific type of crime, that is, domestic burglary. The aim of the Bill is to target prolific offenders by requiring the courts to refuse applications for bail. The Bill also refers to the use of electronic monitoring and so forth.

I listened to the contributions of previous speakers. Many raised concerns about the balance between the victim and the offender, as well as the presumption of innocence. It is worth recalling that one in eight of all crimes committed in 2017 was committed by someone who was out on bail for another offence. Therein lies the scale of the issue. Burying our heads in the sand and doing nothing are simply not options. I was pleased to hear the contributions of the Sinn Féin Deputies. They said they had issues with some aspects of the Bill but they are prepared to allow it to advance so that those issues could be addressed appropriately on Committee Stage. I welcome that move. It is the correct way of dealing with legislation. The detail can be dealt with adequately.

The Irish Penal Reform Trust was mentioned numerous times. We have all received information from the trust. It has specifically stated that if we introduce this measure, it will place further pressure on an already overcrowded prison system and give rise to significant cost implications. The trust goes on to say that yesterday, 26 June, a total of five out of 12 Irish prisons were operating over capacity. That is no excuse for not doing the right thing by having the right legislation. If resources or more prison spaces are needed, then so be it. No one would realistically suggest that we have insufficient prison space for a person who committed a serious crime or was convicted of murder. That is a ludicrous argument to put forward. The corollary of five out of 12 prisons being overcrowded is that the other seven are not overcrowded. My understanding is that in recent times there are fewer people in prison than previously.

Unfortunately, like several other initiatives relating to crime, the Bill is not being supported by the Government. Numerous speakers have referred to the whole area of crime. If we are to have effective control of crime, the first steps that must be addressed relate to the number of gardaí and the need for the physical presence of gardaí. The Minister of State will reply that the number of gardaí is increasing. We get this time and again but I want to make two points. If the number of gardaí is increasing, it is important that there is visibility on the street and in our communities. In any event, it is not happening because gardaí are preoccupied with other duties. Civilianisation requires a clear and distinct roadmap to show how we will free up more gardaí.

I wish to outline my view on Dublin specifically. I have received the replies time and again. From my work in my constituency and as a member of the joint policing committee I see more and more crimes being committed. The crimes range from scramblers in our park to antisocial behaviour. Every time I question the Minister on the issue specifically, he says that we have more gardaí. I have checked the figures. It is galling and drives me absolutely mad that there is no apparent decrease in the problem in Dublin. The number of gardaí nationally last year increased in 2017 by over 600. I get that time and again. However, what the Minister does not always say is that the number of gardaí in Dublin decreased by 100. Therein lies a large part of the problem. If we are going to deal effectively with this issue, it is not only a matter of the legislation but of all the other issues to which I have referred.

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