Dáil debates

Wednesday, 28 April 2021

Criminal Justice (Amendment) Bill 2021: Second Stage

 

5:20 pm

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Independent) | Oireachtas source

I am sharing time with Deputy Tóibín. I welcome the opportunity to take part in today's debate on an extremely important Bill. The Ellis decision raised a number of very important issues over what is an appropriate approach to sentences in certain cases, which in turn has led to significant delays in processing such cases to conclusion.

I appreciate that the Bill is intended to remedy the faults in legislation that arose as a result of the Ellis case. There is no doubt that those on the Government side will highlight the many benefits of the amendments so there is no point in me going over them again. I would like to put on record my support for the Government in any actions that it may take to make the laws of this country stronger, more resilient and more of a deterrent to those who commit second and subsequent crimes. At present, there is simply not enough of a deterrent to stop those people who commit a crime regularly. How many times have you heard it said that it is always the same people's names appearing in the local newspapers in the courts reports? On some occasions, it is said that one could easily name the people appearing in court before their names appear in the papers. With this being the case, something is clearly wrong. We must get to grips with the legal system in this country and have a system in place that will create a situation where people will be afraid to commit an offence a second time.

There are always victims when crimes are committed. These victims are often overlooked. More must be done to support the victims of crime. One of the ways that we can support them is by making sure that those who commit the crime pay the price. Too often, those who commit the crimes get away scot-free. This is wrong. I acknowledge that this Bill will address this to a certain degree.

We can talk all we want in the House but the bottom line is that we must support the court system with robust and up-to-date legislation. We must also put in place real measures that support the victims of crime. These people are, in my opinion, the forgotten people of crime. They are the innocent victims of crime. They are left to pick up the pieces on many occasions.

In my constituency, Louth, we have been plagued by a drug feud involving two rival factions in Drogheda. Unfortunately, lives have been lost and destroyed, and families have been torn apart. Many families in Drogheda now live in fear as a direct result of the feud. The feud has been played out not only in the local media but also the national media. The dogs in the street know who is involved yet, at times, it seems that the gardaí are powerless to act. How was this allowed to continue for so long? This feud has spilled into neighbouring towns and villages, including my own town, Dundalk. It has ruined the lives of many and left many more living in fear. If the dogs in the street know who is involved and the media seem to know every detail, how is it okay that it took so long? Do the gardaí not have enough power? If this is the case, then as legislators, we must put in place legislation that ensures the authorities have the power to deal with this.

Drugs are destroying many lives and make many of those responsible for dealing rich. We must make sure that those who profit from the selling of drugs are brought to justice. Surely at this stage we have the resources to pinpoint exactly if someone is living beyond his or her means and examine why this is the case. In many instances, this will highlight whether earnings are illegal or not. In addition, we must make sure that robust legislation is in place that puts in place a real deterrent to those who would consider committing a crime more than once. In this respect, I feel that the Bill is a good start. It is not only a start. We must now work together to ensure that laws are put in place that create a situation where crime does not pay.

Unfortunately, in some situations, criminals are treated like celebrities in their local areas. This is not helped by the reporting of some media outlets, which no doubt contribute to making some of these people celebrities. I have a problem with some of the terms used to describe gang leaders. Surely the media have a duty to ensure that it does not make celebrities out of criminals? The media often glamourise the life of criminals, especially the drug barons. It would serve the media better if they were to highlight the misery of those victims and innocent families instead of making criminals into media stars.

Getting back to the Bill before us, I support it and any amendments which make it stronger and more robust. We should have an increasing scale of penalties for those who continuously commit crimes. I have an issue with sentences that run concurrently. How is that a deterrent to those criminals? Sentences for different crimes should not run concurrently. They should be added together to ensure that those convicted pay the proper price for their crimes. If they commit more crimes, the sentences should reflect this. Criminals who continue to commit crimes should have their sentences increased each time, not have their sentences run concurrently, and pay a proper price for their crimes.

I once more state my support for the Bill. We must not stop here. We must continue to examine the legislation in place and ensure that it is fit for purpose. There are too many occasions where criminals have got off on a technicality. This should never happen and when it does, we should address the legislation that has failed. These criminals often have access to vast sums of money and can employ the best legal brains who will try to find a loophole to allow their clients to get off. We must fight this. The way to fight it is by ensuring that we have strong, legally sound and robust legislation in place.

As I said previously, the trappings of crime are often wealth. Surely in this day and age, we have the technology, access to information and the resources to identify when people are living way beyond their means. We have seen many times before, both here and abroad, that the downfall of criminals has been when their financial affairs have been examined. I want to once more confirm my support for this Bill. I hope that this is only the start of hopefully further measures that will ensure that crime does not pay. Those who commit a crime are dissuaded from further criminal activities by more robust sentencing.

I want to raise the matter of the Border counties. In the four Border stations, we only have one sergeant. That is a disgrace. I have spoken with the Minister, Deputy McEntee, on numerous occasions about the situation in the Dundalk area. At present, there are ten vacancies for gardaí. There are seven for Dundalk, which is a big region where the gardaí are doing a fantastic job. There is one at Blackrock, one of the biggest rural areas in the region, one in Omeath and one in Hackballscross. It is important that gardaí are supervised. The experience of sergeants is needed. Having ten vacancies in one area makes no sense to me.

I ask the Minister of State to give me a commitment that he will talk to the Minister, Deputy Humphreys. I believe that the Minister, Deputy McEntee, will still be involved with the Cabinet. Coming from a Border area, with Brexit, smuggling and everything else, they have done a fantastic job. The least one can do there is ensure that the gardaí are well-resourced. Will the Minister of State please give me a commitment that he will look at the situation, and not leave it on the long finger? Many people really get fed up of the situation. I know one family that has been burgled three times. Believe it or not, it is the same person who comes back time and time again. It is important to address if somebody is caught a second time. Putting all the crimes together cannot work. If he is in custody and it is discovered that he committed two or three more crimes, they should be put aside separately, and instead of a criminal going to jail for one, two or three years, we have to deter and stop people from breaking into people's houses.

I know these people who are victims and their lives have changed. It is not nice for one's self, wife and children to be in bed and for someone to break into the property. They threaten the people and destroy the house, and everything that we work for. There is fear afterwards, especially among the children. I met a few children in the last months whose houses had been broken into. They cannot sleep. Everything comes back on to the victim. They get no support whatsoever from Government, which says "so what?" The big fear is that the people who the gardaí catch will go in to jail and, a few weeks later, be walking down the main street or wherever it might be, and who do they walk into? Consider the looks that they get and everything else.

Will the Minister of State help me out with getting ten sergeants and getting more gardaí on the street? While I was at the Joint Committee on Justice, people were talking about 4,000 civilians coming in and doing clerical work in Garda stations. What happened there? How many people are employed as clerical officers? There is no point to having people train in Templemore for six or 12 months and do all the training, and then be put into an office to do clerical work. If the Government is going to put civil servants behind the desks, do so. We need more footfall. I come from a Border area. I ask the Minister of State to please give a commitment of giving us the ten sergeants that we deserve.

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