Seanad debates

Thursday, 30 April 2009

1:00 pm

Photo of Dan BoyleDan Boyle (Green Party)

As Senator Bacik stated, the context and even the language of this debate is very important. The term "gangland crime" lends itself to what some might see as a glamorised or romanticised vision of desperadoes taking on an establishment. The reality is that these elements in society, outside their use of arms, have intimidation as their chief weapon in enforcing their will on reluctant individuals and communities when they threaten to hurt, maim or even kill. The fact they have done so means that society is faced with a problem with which it must deal.

The Minister of State referred directly to events that occurred in Limerick city. This is the most unfortunate aspect of the type of crimes we are discussing. The overwhelming majority of people in Limerick have nothing to do with the crimes that are being perpetrated there, the number of individuals involved in committing these crimes is pitifully small and the communities where they occur are geographically tiny. However, the activities of criminals in Limerick have cast a pall over the city and, as a result, it requires access to all the relevant resources of the State to overcome its problems.

The Minister of State referred to areas in which resources are being provided, highlighted proposed improvements to legislation and outlined further proposals to put in place appropriate legislative measures. I acknowledge Senator Regan's comments in that regard. Those in Opposition have played a constructive role in identifying how these problems should be defined and how we should frame our responses to them in legislative form. There will be much agreement among us in the context of how the problems to which I refer should be tackled.

Some of the crimes that have taken place include recent atrocities such as the deaths of Roy Collins and Shane Geoghegan. I welcome the fact that a process is in train in respect of the latter and we can only hope that this process will reach a successful conclusion. Neither the existence of legislation nor the provision of resources provide all the answers. In the context of the overall response to this issue, what is lacking is confidence among the people living in the communities to which I refer that the problems they are experiencing are being dealt with, that the intimidation they are forced to endure will become a thing of the past and that the substantial resources that have been allocated can be targeted in such a way that they will have the best possible effect. This is not a matter for political dispute, it is one which we must discuss and respond to in the way the people to whom I refer desire.

Many of the measures that are already in place go some way towards meeting the gaps in provision that previously existed. We are in a difficult legal and constitutional area in the context that we are dealing with individuals who have no regard for common rights and decencies. However, the State has a responsibility to ensure the rights of all its citizens are protected. We must ask how a balance can be struck between dealing with the individuals to whom I refer and protecting the rights of others. How can the State intervene to ensure the former can no longer engage in their invidious activities? Whether the balance to which I refer can be achieved depends on future circumstances.

There is a common belief that certain people who were suspected of the commission of crimes, who were charged and brought before the courts and who are still intimately involved in many of the negative activities that constitute gangland crime were able to avoid taking responsibility for their actions as a result of their use of intimidation. We have witnessed the collapse of particular court cases and we are aware that, in certain instances, justice was not served. This does not help in inspiring public confidence or ensuring a long-term solution to these difficulties might be identified.

When the relevant legislation comes to the House, we will have a better opportunity to deal with these various matters. I look forward to many Members having the opportunity to debate that legislation in detail. We must ask difficult questions of ourselves with regard to how we can strike a balance between maintaining the rights of all in our society and protecting those whose rights have been compromised by the type of nefarious activities in which criminals engage. If, as legislators, we are successful in that regard, we will be doing our job well. However, it will not be easy and a great deal of reflection and hard talking will have to be done by Members before we reach that stage.

I thank the Minister of State for his contribution. This debate provides Members with an opportunity to indicate what they believe needs to be done and to outline the improvements that must be made. In light of the way it is proceeding, I am confident that, within this Chamber at least, there is a common purpose with regard to how we should proceed and what we need to do to be successful in combating gangland crime.

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