Terry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Fahey, to the House and wish him well in his career. I also welcome the officials from the Department of Justice, Equality and Law Reform.

The Minister, Deputy Michael McDowell, has provided a most comprehensive Bill. I hope he is listening to the monitor and I want to commend him for bringing forward this legislation, the Criminal Justice Bill 2004, as well as his officials for their assistance in that regard.

As I am fortunate enough to count the Garda Síochána among my nominating bodies, I am particularly interested the section of the Bill that relates to changes in Garda powers and procedures. The Minister is demonstrating his confidence in the gardaí by extending the powers of the Garda Síochána, for example, in the introduction of fixed penalties for lesser public order offences and significantly, the power to take DNA samples. Criminal investigations in the 21st century must use modern forensic techniques and technology. I am pleased that the power of DNA evidence will be harnessed in as many cases as possible. Such evidence has proved very effective in solving crimes that have occurred more than 20 years before. It came to light in recent times, as Members know, where a person was brought to trial and is now serving his time for an horrendous murder. That was only brought about through the fact that DNA testing was available.

Even more important than the Minister's is the public's confidence in the Garda. The provisions for the new Garda Ombudsman Commission have been approved by the Commissioner and the Garda inspectorate. This office, together with the joint policing committees, which the Minister has had the foresight to establish, will go a long way towards restoring and enhancing public confidence in the Garda Síochána, which is at a high level in this country. The rise in firearms crimes and the number of high profile shooting incidences underline the need for strong measures to control firearms. I welcome the Bill's strengthening of the law as regards firearms.

The Bill is comprehensive in its scope. I commend the Leader and the Minister on providing that in the event of amendments being taken in this House, the Bill can go back to the Dáil and return again to the Seanad before the recess. Bills are often brought to this House from the other House coming up to the recess and there is no time to send them back in order to be passed. This takes from the benefit provided by the House in giving advice on different sections of a Bill.

When the Bill is passed and signed into law by the President, I hope there is a period of time before the provisions are enabled. Members of the Garda Síochána will have to be briefed in detail to make them aware of all the provisions of this Bill. They have enormous responsibility in dealing with legislation already in force and this Bill puts even more responsibility on them. I would not like to have to arrest someone for a public order offence unless I was very sure of the section of a particular Act under which I was making the arrest. Otherwise, my decision would be challenged. I have not received any representations from Garda organisations on this issue, but I feel strongly about it. I met a garda today outside the House and he told me that such information training would normally take place at a local level. However, I feel there is a case for bringing groups of gardaí to a central base for a longer training session to ensure they are aware of all the provisions of this Bill.

It is a long, detailed and comprehensive Bill and the Minister must be commended for his work on it. Section 12 provides for the taking of photographs and for their destruction, along with the negatives, in the event of the person not being convicted. Mug shots of American actors and other prominent personalities in that country are often circulated to the media. The person's arrest number is also distributed for all time, which is very undermining. It is very important that we adhere to section 12 and that everything is done to ensure that photographs do not get into the wrong hands, especially when someone is innocent of a charge. The section dealing with DNA samples is welcome. If someone is innocent, he or she will have no difficulty giving a DNA sample. It is the right time to bring this evidence forward. In many cases, the DNA test has been responsible for a successful prosecution.

With regard to the Firearms Act, the Minister is conscious of the needs of gun clubs and the right to legally hold rifles. In section 28, the new section 2A provides for the grant of a new firearm training certificate for a person over 14 years of age. As a parent, I would not like to see a 14 year old training with a gun. It is not appropriate and I do not see why a 14 year old should be trained in firearms. Firearms are lethal. I have a gun that I inherited from my father-in-law, but I do not use it.

The Minister spoke in the Dáil recently about Senator Morrissey's Private Members' Bill on the use of reasonable force to protect property. When I brought forward the Registration of Wills Bill, the Minister was extremely helpful to me. He read it and gave me his views on it. I want to put that on the record, because the implication was that he was giving favourable support to his own party on a Private Members' Bill. The media tried to imply that he was going outside his remit as Minister in giving advice to a Senator. He would do the same for a Senator on any side of the House. He is a very approachable man in that respect. He advised me on which Department would be responsible for the implementation of the Bill, which I hope will be taken during Private Members' time in the autumn.

When I was a Deputy, a gun was returned by a superintendent to a person in my constituency of south Roscommon. That person then murdered his nephew with that gun. It should never have been returned to him. As a Deputy, I would never ask the Garda Síochána to return a gun to anyone. If gardaí felt that the gun had to be taken in the first instance, I could not take the responsibility of asking them to return it. There should be a more transparent approach relating to the return of a firearm that has been taken by the Garda on the basis that the person could pose a threat to himself or herself, or to others. The section on firearms should be tightened, the procedures should be transparent and someone should not be held responsible for the return of a gun if murder is committed and the person was not involved. Public representatives are often asked these difficult questions and it is difficult to refuse a request.