Alan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

I thank the Minister for presenting this Bill, which is very important in the context of a number of areas in her Department.

Crime tears at the fabric of our society. It chips away at the dignity and pride of our communities and it lures vulnerable young people down paths which often lead to ruin. Few criminal activities do more to damage lives and communities than the activities of gangs. The complete lack of regard for the rule of law and for the sanctity of human life cannot be left unchallenged. A message must be sent to those who feel they can operate outside the constraints of the law and profit from death and destruction. We see these criminals and over many years we have had to deal with criminal gangs causing all sorts of problems in our State. Those individuals must face the rigours of our judicial system.

I have full confidence that the Garda, the Minister and the Department are working diligently to strike at the heart of gangland activity to cripple the ability of criminals to spread their influence. I, therefore, particularly welcome the significant changes on sentencing that this Bill will introduce. Among the changes under this legislation, we will see an increase in the maximum sentence for conspiracy to murder from ten years to life. It cannot be that because the Garda is efficient and effective enough, or that criminals are incompetent enough to have been caught in the act, that the offender is therefore treated with greater leniency than if they had, in fact, fulfilled their dark intentions in the first place.

Gangs operating within the State are often doing their very best to flood our towns and cities with drugs and mayhem. They believe they are untouchable. In the recent past we have learned that they are not untouchable from either the arm of An Garda Síochána or, indeed, their rivals. We must strike at the heart of their operations and target all levels of their organisations up and down the country and abroad. We have done it before and we can do it again. The establishment of the Criminal Assets Bureau was one such successful measure which undoubtedly deterred some criminal gangs from the level of activity that was seen prior to its establishment. Working with our international partners we can see these gangs dismantled and their members put behind bars.

Changes to sentencing for assault causing harm will also give our judicial system the freedom to impose appropriate sentences as they relate to individual cases. The Bill will increase the maximum sentence from five years to ten years for the offence of assault causing harm. That particular charge is probably one of the most common and while a life sentence can be imposed for an assault causing serious harm, this only covers a very limited subset of the worst assaults.

I would also note, and as I have noted in earlier debates today, that this will have an important impact of domestic violence rates. Assault causing harm is a common component of domestic violence incidents and increasing the sentencing will contribute to greater protection for victims. I commend the Minister on her work with regard to non-fatal strangulation, stalking and the publication of the third national strategy on domestic, sexual and gender-based violence, all of which will contribute to the Government’s zero tolerance strategy.

Non-fatal strangulation is a common feature of domestic abuse and a prelude to even more serious violence. We also know that the vast majority of these incidents are carried out by men, against women. This act can leave little or no visible marks on the victim, meaning that it can be difficult for the victim to document the attack and feel confident in reporting the matter. As with many aspects of domestic violence, studies show that non-fatal strangulation is often accompanied by verbal abuse or threats to kill or both. This leaves its mark, not physical but psychological. The fear and coercion that a threat to kill can have on an individual can leave lifelong damage and precipitate post-traumatic stress disorder, PTSD. It is a situation that no one should ever have to endure. The State must use all its strengths to ensure that those perpetrators of such heinous and cowardly attacks face harsher consequences.

The introduction of new offences relating to stalking will mark an important step change in how we approach such situations. Stalking is an extremely serious and invasive crime that can cause profound psychological distress. By bringing in new laws and offences around this area, we can increase the awareness among the general public of the nature of these crimes, allowing for greater reporting and prosecution of the individuals committing such offences.

I would also like to say that while these crimes do not just affect women, it is the reality that the majority of these crimes are carried out against women by men. It is therefore incumbent on all men and boys to be aware of what is acceptable and what is not and to call out behaviours and attitudes before they spiral into these intolerable acts. When men and boys stand up to their peers, when they hear casual sexism, misogyny or see behaviour targeted at women, they must begin the process of creating a safe environment for their own peers, their friends and family members.

It is not an easy task to step out and to take such steps. Our education system plays a critical role in empowering young people, both men and women, to be able to say, "Stop, you should not do that". In fact, I am pleased to see there are now posts within our third level institutions, as announced by the Minister, Deputy Harris, this afternoon to encourage such supports within our third level sector, which is to be welcomed.

This legislation has not come a moment too soon. As I mentioned in an earlier debate this morning, our domestic violence rates are not going in the right direction. I commend the Minister and her officials for taking the fight to criminals and I believe this Bill will go towards that effort. There can be no equivocation when it comes to criminality in Ireland, whether it be gangland killers or abusive partners. Gardaí and the courts must have the power to send a message to people considering engaging in such activity that they will pay for it and that the State, as announced through various other measures, including the Bill which we were debating earlier in regard to domestic violence leave, is there to support them. I believe that is something all of us in this House support.

See this speech in context