Dáil debates

Wednesday, 2 October 2019

Firearms and Offensive Weapons (Amendment) Bill 2019: Second Stage [Private Members]

 

3:05 pm

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

I commend Deputy O'Callaghan on bringing forward the Bill. The issue of knife crime, as well as violent crime in general, has affected communities across the country. The use of knives has had a dramatic and terrible effect on many victims and, often, the perpetrators also. As was pointed out, the perpetrator may have been intoxicated or under the influence of drugs and ended up in a terrible situation, filled with regret and remorse.

The essence of the Bill is its proposal to increase the sentence and deterrent. It is about getting people to think before they act and to recognise that they must be very careful when going to enjoy a night out. People need to think long and hard about choosing to bring an offensive weapon with them on such occasions, whether they think it is needed for defence or otherwise. In my area, there is very vibrant night life in the town of Carrick-on-Shannon, County Leitrim. A significant number of people visit the town, with many of them taking part in hen or stag parties. The town has enjoyed huge success in terms of how business owners and the Garda have worked together to provide a safe place for people to congregate and enjoy themselves on the streets or in premises. Many security staff are employed by the businesses. It is very well run and works very well. That said, there are occasional incidents although, thankfully, they have been few and far between.

We must recognise that much violent crime stems comes from a culture which has emerged whereby when a person or group of people go for a night out, nothing matters to them except that moment. Although it is good to live in the present moment, we must recognise that there are consequences to our actions. It is often the case that a greater degree of enlightenment or education on these issues would make a big difference to people.

I take the point made by the Minister of State regarding the sentences for crimes which may be related to knife crime and that a maximum ten-year sentence would be identical to the sentences for possession of other possibly more lethal weapons such as firearms in particular. Unfortunately, there is ample evidence that the possession and use of a knife can have terrible and dramatic consequences for people.

It warrants a dramatic increase in the sentence imposed, where appropriate. However, it is not always appropriate. We acknowledge that it applies, as is stated in the Bill, "for the possession of a knife to cause injury to, incapacitate or intimidate any person". It must be acknowledged that many people carry knives and have knives on their person for whatever job they may be engaged in. It is not always the case that a person is carrying a knife to cause injury. It comes down to the intent of people, why they carry knives and why they use them. Each case that comes before the judicial system is taken on its merits and consideration must be given to the circumstances surrounding the events that have occurred.

In the context of the Bill, it is important to shine a bright light on the relevant section of the Firearms and Offensive Weapons Act. At present, the maximum sentence for crimes such as those we are discussing is five years. From the limited research I have done, I understand that the maximum sentence is seldom imposed. The vast majority of sentences for the possession of knives amount to less than one year. While this legislation provides for the sentence to be at the very high end of the scale, I expect that it will be in place more as a deterrent having regard to the sentence that will be imposed if the Bill is enacted. Matters such as the pros and cons of what is proposed, the dangers involved and the consequences, unintended or otherwise, can be teased out on Committee Stage.

I note from the recently published crime figures that homicide and related offences are down 40%. That is a welcome development. It is a sign of the good work members of An Garda Síochána in many areas in the context of crime prevention. Homicide is very much described as a "gangland" crime. I find that term difficult to use because I do not know of any particular land that has a gang. These gangs are groups of criminals who may reside in or have a particular territory. Decent, genuine and honest people who work hard in their communities live in those territories where such criminal activity is rife. In many ways, they are the victims of where they live. Most of that crime relates to the drugs epidemic in our society. This epidemic must be tackled. We cannot deal with any of this without examining the reality that most of it stems from the drugs trade, from the massive amount of money being made from it and from those engaged in this activity and who terrorise the communities in which they live.

While the number of homicide and related offences is down, the number of sexual offences has risen. The number of attempts or threats to murder, assaults, incidences of harassment and related offences have also increased. The rise in this regard is 6.7%. This highlights that there is a problem with people who are engaging in harassment, threats and bullying in communities. We come across that. I have spoken to members of An Garda Síochána and I have been informed that people do not report incidents because they are afraid to do so. This is due to the fact that the communities in which they live are under threat from the very dangerous individuals to whom I refer. People have good reason to be afraid. A key element to resolving this matter is to ensure that nobody is ever handed down the sentence outlined in the Bill and also to ensure that we have an adequate police service that can keep people safe. To do the latter, we need an properly resourced community policing service. We all recognise that we need more gardaí on the streets meeting people, dealing with them and being a part of their local communities.

When I was growing up, everyone knew the sergeant in the town and also the local gardaí, some of whom helped train the football team. They were involved in their community and they knew about whatever was happening. This has changed and that change has been regressive. Many gardaí now do not live in their local communities. They live further away and they come and go and do not have that sense of connection. That has been disappointing for many people.

When I am in Dublin for a few nights each week, I stay in the north inner city. I am always conscious that it is an area which is marked out as having a high crime rate. Today, our party president, Deputy May Lou McDonald, raised the issue of the north inner city and the high crime rate there, which is five times the national average. While one may see a patrol car driving through that area now and again, one seldom sees a garda walking the streets or coming out of a shop and having a chat with a person they meet on the street. The reason for that is there are not sufficient numbers and officers are too busy. The force does not have the staff it needs to enable it to provide a community policing service. The provision of a such a service can be equated with the provision of the home help service in the health sector. If there were more people delivering the home help service, we would need fewer staff in hospitals. Likewise, if we had more gardaí in the community policing service, we would need fewer at the other end because the prospect of crime developing into an epidemic would be resolved at source. That is what we need to do and to do that we need to more gardaí on the streets better equipped and working in the local communities. That is central to what we need to do.

I commend Deputy O'Callaghan on introducing this Bill. We will support it. When the Bill progresses to Committee Stage, we will examine whether it needs to be tweaked. I am sure the Deputy will acknowledge that it may need to be amended. We want to develop the Bill into something that will be there for the long haul. The idea is to put in place a measure that will act as a deterrent in the context of violent crime. We do not want it to become the norm that people will be sentenced to long periods in jail for using knives knife, rather we want communities in which such this eventuality is not the norm. That is what we need to bring about.

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