Seanad debates

Thursday, 26 April 2007

Criminal Justice Bill 2007: Second Stage

 

3:00 pm

Photo of Tony KettTony Kett (Fianna Fail)

I welcome the Minister of State to the House and I also welcome the opportunity to say a few words about the Bill. I congratulate the Minister on the introduction of legislation which I believe will strengthen the hand of the Garda and all those involved in implementing and upholding the laws of the land. I hope it will also bring about a situation where the modern-day gangland boss will no longer get away with a derisory or inadequate sentence, as has been the case in the past.

Without doubt, we have seen an unacceptable level of gangland murders, particularly in the city. I understand that in 2006 there were something like 26 gangland murders. Some would say that some of these murders are gangsters shooting gangsters and many people would not shed too many crocodile tears. However, murder is murder and is something that one cannot allow to continue in a civilised society. For that reason, I support the Minister and the Bill and believe it will strengthen the hand of the Garda and the DPP.

The Bill also sends a clear message to anyone who wants to hear it that we, as a society, are no longer prepared to stand aside and allow these people to wreck communities. Something must be done. I know some are saying that the introduction of this legislation is tough, to which I reply "So what?" In my opinion, it is necessary. I know some of the brains in the Law Library have been exercised about this, but I believe we need to do something to bring about a situation where people think about what might come down upon them from the law before they act.

One cannot have a situation where an individual can walk into a house and gun down his intended target and a poor innocent victim on the way out knowing there is a strong chance that he will not get caught and if he does get caught, he will get a derisory sentence. This is something that, hopefully, this Bill, when enacted, will put an end to.

In some respects, we find ourselves in this situation because, in some instances, the Judiciary has failed to carry out its work. Individuals who commit a crime should receive a sentence commensurate with the crime. This does not happen in every case. We have seen many examples of that. It appears that, in some instances, judges trip over themselves so as not to impinge on the criminal rather than give fair play to the poor victim.

There can be no justification for allowing individuals who have been responsible for numerous deaths through the trafficking of drugs in this city to walk away with a suspended or very light sentence, as has been the case. Individuals who have committed rapes have walked free from court, which is outrageous. We can only imagine the hurt and anger that must well up inside any poor woman who has been raped and the devastation that causes her. Her dignity and integrity must be in tatters as a result of that. None of us can even think about what it must do to a woman to witness an individual walk away from court as a result of this.

In one instance, this happened because the judge had his hands slapped by a higher court in respect of a previous conviction and he was not prepared to suffer the embarrassment of that happening again. This is no way to run a judicial system. We read in a newspaper this morning that the numbers of reported rapes in the first quarter of the year have fallen. The Minister has shown his concern about this, as has the Rape Crisis Centre. It would be wonderful if the figures had fallen for the right reasons, but we suspect they have fallen for the wrong reasons. Sexual assaults are not being reported because people feel that in doing so, they will not get due recognition. They are afraid of the aggressive cross-examination that is promised and, for that reason, they will not do it. We find that the number of such reports has decreased in the first quarter to 199 compared with 393 in the first quarter of last year. That is serious and we must do something about it. When we compare that with sentencing someone to a year in prison and a €75,000 fine for fraud, we must ask where is the consistency in sentencing. There are mitigating circumstances in some cases, but the ordinary person must wonder about sentencing when he sees this kind of thing.

In his speech, the Minister of State outlined an agreed package which came into place last December and which I believe will have a positive effect. It promises to increase Garda numbers by another 1,000 to bring them to 15,000. It promises to sanction 300 additional civilian administrative posts as well as seven senior administrative posts. Coupled with the Garda Reserve Force, that will play a vital part in bringing about a better society. I welcome the strong commitment to the witness protection programme, as the Minister of State said unlimited funds were available.

We should be measured in our comments when talking about this because we should not give the impression that crime is out of control. That is not the case. With the increase of 600,000 in population, the crime figures are down from 28.5 per 1,000 to 24.5 per 1,000. It was stated in this morning's newspaper that there has been a big decrease in recorded crime in almost all major categories. There was an overall fall in serious crime by 5.6% for the first quarter and an annual drop of 2.2%. Homicides were down by 28%. Thefts, which account for more than half of all headline crime, were down 5.6% for the first quarter and burglaries were down 17%. Both were down 1.5% and 12.6%, respectively, for the year. This tells us that crime totals have fallen consecutively in the last three quarters and we should be pleased about that, although nobody denies we still have a serious situation. It is good to see the figures going in the right direction.

It is also important that gardaí are suitably equipped and resourced. They also need to be well managed and run. That has received attention in recent times and it is welcome. However, I also believe that the Garda Síochána has a job to do in regaining the confidence of the public. In my opinion, the force does not have anything like the respect it had 25 years ago. Members of the force must ask themselves why that is the case. If I were to ask any individual aged between 16 and 40 what he or she thought of the Garda, I think I would get a negative response in many instances. It may be unjustified, but that is the response I would get. I have spoken to many youngsters and some see the Garda Síochána as opportunistic.

Anti-social behaviour infuriates the public more than anything else. People sitting in their homes hear about murders and they are shocked, but anti-social behaviour is the crime that most affects individuals in their communities. Many of us have gone to meetings in our constituencies and have listened to elderly people and parents of young children who are frightened of leaving their homes because gangs congregate outside. They cannot even go to the shop for a bottle of milk because of the fear factor. It is an area that does not receive enough attention. Many people will not report anti-social behaviour because they feel that gardaí will not come out until the following morning as they are busy doing other things. However, it is an area which exercises the fear within communities. That is almost more important than chasing down crime because it affects all the population.

I compliment the Minister of State for introducing this Bill in the House. It has gone through the other House and I wish it well in this House. All the elements of the Bill will assist in the fight against crime.

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