Seanad debates

Friday, 30 June 2006

Criminal Justice Bill 2004: Second Stage.

 

1:00 pm

John Minihan (Progressive Democrats)

Political games. Tragedy is the other side of crime. Crime is still a problem but in modern society the viciousness and seriousness of the offences has increased. Just as what we considered normal 20 years ago in terms of our security habits has been transformed so, too, has what constitutes a serious incident.

During a debate in this House in 1971, the television programme "Garda Patrol" was discussed. Quite correctly it was stated that it was a good and valuable programme. However, consider the matters that were discussed on that television programme — individual stolen items, missing pieces of machinery and so forth — and compare them with the content of the contemporary RTE programme, "Crimecall", which deals with murder, rape, drug trafficking and gangland slayings. When crime is a problem today, it is more often because the criminal activity is of a severity that was unconscionable 25 years ago. That is not to say we did not have abominations then, particularly from paramilitaries. However, we must get real about the society in which we live. To do otherwise inspires only hand-wringing and little valuable action.

The Progressive Democrats Party is working to move from hand-wringing and posturing to valuable problem solving. The Minister has set in train the most ambitious and comprehensive process of improvement and reform of our justice system since the State was in its infancy. He is working on bringing the strength of the Garda to 14,000 this year and increasing police resources to a spend of €3.5 billion. Last April, an extra €10 million was made available for special operations. He is championing truly commendable legislative and financial initiatives. Members should be mindful that the Government and the Minister provide the resources but the Commissioner uses these to deploy the police service in the most visible, flexible and effective manner he considers fit to respond to criminal activity and to prevent crime. The Government is providing the resources to tackle the serious crime challenge in society.

The Minister has outlined the provisions of this legislation. Much has been written and said about the Bill but it should be remembered that it results from the report of an expert group appointed to consider changes in the criminal law, as recommended in the report of a steering group on the efficiency and effectiveness of the Garda Síochána. This legislation does not come from thin air. It presents new anti-crime measures in a comprehensive manner. Not even the Opposition would object to the aims of the legislation, to enhance the powers of our generally superb Garda Síochána to investigate and prosecute offences and improve the operation of the criminal justice system.

The legislation covers detention, witness statements, firearms control, organised crime, drug trafficking, tagging, anti-social behaviour and sentencing. These are issues of concern to the public, and the Government and the Minister are demonstrating their determination, shared by the Progressive Democrats, to do everything possible and practical to ensure the criminal justice system fully meets the challenges posed to our society by criminality. Today and in future those challenges will continue and Governments and Ministers for Justice, Equality and Law Reform must respond to them as society and norms change.

The Criminal Justice Bill shows the determination of the Government to address the difficult issues surrounding crime prevention, detection and prosecution. Importantly, the Minister, to his credit, has worked to ensure this is achieved while, simultaneously, safeguarding the rights of the individual, a difficult task where striking a balance would challenge anyone. The phrase "tough on crime" is bandied about on all sides and I do not question anyone's desire to be tough on crime. Politicians play politics and being tough on crime or, more accurately, being the toughest on crime, is part of that game. In a modern Western society, it is easier to portray oneself as the toughest on crime than it is to get to grips with the issues where action must be taken. It is a B-rate message used in bus shelters throughout the world, perhaps even in Kenya, but it is harder still to take the difficult and necessary steps while maintaining equal focus on the rights of the individual.

The Minister for Justice, Equality and Law Reform and the Government have succeeded in this difficult task and today's legislation is evidence of that. I commend them for that and welcome the Bill to the House. I look forward to elaborating on sections addressing organised crime, ASBOs and firearms on Committee Stage.

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