Dáil debates

Wednesday, 24 June 2020

Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions

 

11:25 am

Photo of Michael LowryMichael Lowry (Tipperary, Independent) | Oireachtas source

This debate was to take place last week and, in the interim, Detective Garda Colm Horkan lost his life. Before that young man lost his life on the streets of Castlerea, I had already deemed it necessary to state that the men and women of An Garda Síochána in every corner of our country risk their lives every time they go to do their work. Sadly, the untimely passing of Detective Garda Horkan has driven that fact home to all of us. He was brave and courageous in fulfilling the duties of the job he loved in a normally peaceful rural Irish town. He did not think he was risking his life on that fateful final call-out. He did not think that his young life was about to end when he responded to that call but, unfortunately, it did. A vibrant and dedicated garda has departed this world.

There are gardaí in every village, town and city in Ireland who respond to similar calls on their own every day and night of every week. In paying tribute to Detective Garda Horkan, we must also pay tribute to each of them. We must thank them for what they do in the course of their work and the risks they take. We must ensure they are protected with sufficient manpower and resources. We must do everything possible to prevent a similar situation from ever occurring again. In honouring the memory of Detective Garda Horkan, we must protect his colleagues. May his soul rest in peace.

A glance through any newspaper, national or local, tells us of the stark reality of crime in every corner of every village, town and city in our country. This does not make Ireland unique but it makes it a country where preventing crime and apprehending criminals are of growing importance. It underpins the need to protect and enhance every level of our justice system to ensure our citizens are protected and punishment acts, and is seen to act, as a real deterrent to criminals.

Bringing those involved in organised crime to justice is the challenge faced by our gardaí every day. Ensuring that justice is done is down to our court system. The growing prevalence of gangland crime and deadly feuds is frightening. Reports of the activities of those involved are splashed across our media and details of the horrific acts carried out make for spine-chilling reading. These activities are not confined to our large cities, as some may choose to believe. Crime at this level is becoming rampant in rural centres across the country and once peaceful towns are gripped by fear as they live under the shadow of rival gangs. These gangs, predominantly motivated by lucrative drug dealing, are known to suck young people into their webs of crime and, once they have exploited them to the limit of their use, they discard them to the wolves.

This underworld of serious and deadly crime is relatively new to Ireland. Prior to the 1970s and 1980s, when illegal drug use crept into Ireland, crime at this level only existed on television screens and not on the streets of our cities and towns. It is now a fact of life with so-called career criminals amassing considerable wealth.

Over the years, the need for the continuation of the Special Criminal Court has been hotly debated. Since the establishment of the court, its purpose has changed, just as everyday life in Ireland has changed. While the caseload of the court was dominated by paramilitary and subversive matters throughout much of its existence, that has changed significantly and this change will undoubtedly gather pace in the years to come.

The Special Criminal Court is charged with dealing with organised crime. It deals with career criminals, gangland leaders and deadly, feuding provokers. The trail of evidence that leads to bringing these criminal instigators to justice can be vast. These can be lengthy trials with gruesome and intricate webs of evidence involving the testimony of highly dangerous individuals. The nature of gangland crime today takes these unique cases out of the realm of the Central Criminal Court to secure the effective administration of justice and preservation of public peace and order. These cases, due to their growing frequency and duration, would completely clog up the regular systems. The escalation in the incidence and seriousness of organised crime across our country demands that the Special Criminal Court remains in existence in its present form to ensure that these cases are heard in as timely a manner as possible. The non-jury format is as necessary for these organised crime cases as it was for cases in the past. The protection of members of the public from retaliation is paramount.

While some commentators have stated that gangland crime in Ireland is continuing to rise despite the existence of the Special Criminal Court, one must consider what that rise would be if this court ceased to exist. The court has a very high conviction rate which is widely known by the criminal fraternity.

There will always be the possibility of a terrorist attack on our country, as has been proven by the events of recent years in countries across the world. However, the threat of continued organised crime in Ireland is not just a possibility, but a certainty. Not only that, but statistics indicate that incidents of this kind are growing in ferocity and number. The increasingly barbaric acts that have been carried out prove that point.

The Special Criminal Court must maintain its place in our judicial system. In fact, I believe it must be given a permanent place in our system to ensure the continuation of its necessary role going forward.

To return to the point I made about the role of the Garda in bringing those involved in organised crime to justice, I refer to the provision of adequate funding for law enforcement in towns and villages across rural Ireland.

A survey of the Garda station directory showed that almost 60% of rural stations are open for three hours or less from Monday to Friday, while many are closed at the weekend. That is if a station is opened at all. Towns, some with a population in excess of 6,000 people, are stated in this report to have 24-hour Garda stations while the reality is that one garda mans the phones overnight and if an incident occurs, that garda must contact the nearest fully operational station to request a patrol car to be sent to the scene. In my constituency of Tipperary, that patrol car may have to travel 40 km or 50 km to reach the incident in question. How can gardaí be expected to protect the public, maintain law and order and bring the perpetrators of crime to justice unless they have the manpower, means and facilities to do so? Most importantly, no garda should be expected to attend the scene of an accident alone. There should always be at least two gardaí available to attend a call-out as the most basic incident can escalate rapidly. Gardaí are at the coalface of crime in this country. They apprehend individuals who have no regard for life or limb or who, in many cases, are distorted by substance abuse and not in possession of their full senses. Gardaí are the mainstay of our justice system and without their dedication, bravery and commitment, criminals at all levels could and would run amok. Gardaí are the heroes of the system. We must ensure that we provide them with the means to carry out their vital work as safely as possible. If a valid argument can be made for the permanent continuation of the Special Criminal Court, it follows that an equally valid argument can be made to increase the numbers of gardaí, who are the first point of contact for criminals, and to provide them with the resources they need. If a criminal, whether it be an opportunist or a gangland leader, is not apprehended, then the subsequent stages of the judicial system cease to function.

I put on record my appreciation of the work of the Minister for Justice and Equality, Deputy Flanagan, during his term. I acknowledge his accessibility and courtesy to all Members of this House. He dealt with a wide range of complex and sensitive issues. He showed a solid command of his brief. This House and the people of Ireland owe him a debt of gratitude for his service.

Comments

No comments

Log in or join to post a public comment.