Seanad debates

Friday, 30 June 2006

Criminal Justice Bill 2004: Second Stage.

 

1:00 pm

Sheila Terry (Fine Gael)

I welcome the Minister of State to the House to deal with this important Bill, for which we on this side of the House have waited a long time.

It is regrettable the Bill has taken this long but I congratulate the Minister and his officials on the work they have done preparing the legislation. I agree with many of its provisions and I hope they will make a difference to our society.

It is important that legislation should be updated regularly to reflect what is happening on the ground, the views of the public and changes in society. Senator Minihan stated crime has reduced in comparison with a number of years ago but that is not the case. The Minister stated recently there is no great difference between crime levels today and ten years ago, which contradicts the Senator's assertion. Crime levels have increased and criminals are using more sophisticated methods. Legislation, therefore, needs to be amended and the Garda needs to be resourced to tackle crime. Many provisions in the Bill reflect that need.

Gangland crime has increased significantly and the State's inability to tackle such crime is a serious concern. I welcome the measures proposed to address gangland crime, particularly those relating to how the courts and the Garda operate. Drug trafficking is a serious problem and it results in significant crime, which has affected what is happening on our streets and the safety of ordinary people. People do not feel as safe today on the street or in their homes as they did ten years ago. Ireland is a richer nation and our population is better educated but everybody feels less safe than in the past. However, it was not always good in years gone by. I refer, in particular, to the protection of young people. Recent investigations highlight how badly children were let down, particularly vulnerable children who were placed in institutions. However, this should no longer be the case thanks to this legislation. If we cannot look after our children, nothing else will work.

I am alarmed by the increase in the number of murders. While gangland murders are a serious concern, many women have been murdered by their spouses or partners in recent years. Additional legislation will not deter such crime and, therefore, other aspects of societal behaviour must be examined to ascertain where we are falling down and why we do not place the same value on life and property as we did 30 years ago. Deterrents have an impact and if legislation is enforced, it will act as a deterrent and will provide security and peace of mind for people. Unfortunately, people have lost faith in the system. It is worrying that many people do not respect authority figures such as gardaí, teachers and so on. Members of the emergency services, for example, were brutally attacked recently. That is unacceptable and I welcome the proposals to come down heavily on those who do not respect professionals working on behalf of the public. Anybody who does not have respect for a member of the fire service, ambulance service or hospital staff should be dealt with harshly.

Enforcement is a priority. We can introduce all the laws in the world but if they cannot be enforced because of a lack of resources or equipment, they are worthless and that is a problem. Criminals gave the two fingers to the public and the Judiciary when they walked free from court because their cases collapsed. Written statements recanted by witnesses in court will be admissible in evidence under the legislation. That is the right way to go, as this provision works well in other jurisdictions. That should restore confidence in the system.

The public is also concerned about lenient sentences for serious crimes. Under the legislation, mandatory sentencing for serious crimes will be introduced and it must be ensured that such sentencing is recognised by the Judiciary and enforced. This is also necessary to restore confidence in our system.

The Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights debated this legislation and, in particular, the issue of putting the rights of the victim before the rights of the criminal, which has been addressed the legislation. Victims have been ignored too often, particularly in regard to gangland crimes. Victims and their families are intimidated by the defendant while he or she is still on the loose before the case is heard or, sometimes, while they are travelling to the court. Moreover, victims coming before the court should be protected from being obliged to brush shoulder to shoulder with the perpetrator. These issues pertaining to the courts system must be addressed.

While I have much to say, I recognise that many issues can be addressed when dealing with the amendments on Committee Stage. I welcome the manner in which the Bill deals with anti-social behaviour. However, I again stress that if the Garda lacks sufficient resources to enable gardaí to spend time dealing with misbehaving young people, more gardaí will be required. For instance, a young person who fails to give his or her correct name and address will take up much Garda time in research. I welcome the fact that it will be an offence under the provisions of this Bill for young people to fail to give their correct name. In practice however, when one considers the amount of time which any garda will be obliged to put in to ensure that the correct name and address are recorded, the issue of resourcing will be crucial.

I welcome many aspects of this Bill. While I had much to say on it, I understand the time restraints under which the House is operating today and I look forward to the Bill's Committee Stage debate.

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