Fiona O'Malley (Progressive Democrats)

I welcome this Bill. It may not be overdue, but it is necessary. I listened to what some previous speakers said about how the Government often only gets spurred into action after a particular incident. The legislation on the Criminal Assets Bureau was a case in point. This legislation represents a similar type of move. It is never easy to change policy on an issue like surveillance, a policy that, as mentioned by the Garda Commissioner, has been around since policing began. A compliment is due to the Minister for having the courage to do this.

Senator Norris referred to the area of human rights and said it was a pity the Human Rights Commission did not get the opportunity to human rights proof the Bill. I find this comment offensive. It is as if the Government will not protect the human rights of the individuals although this is at the heart of the legislation.

Reference is often made to gangland crime, particularly in Limerick. This is slightly unfair to Limerick because while the area has problems, the Minister of State will know that major cities and smaller urban areas throughout the country have similar problems. Beginning with anti-social behaviour and moving right up to ferocious intimidation of a gang type, these are the issues with which we must deal. I commend the Minister for producing a Bill which tries to do so. The people in Limerick, Mr. Roy Collins in particular, just would not accept this kind of violence. His courage and dignity was quite remarkable and it is for such decent human beings who live in this society that this legislation is being drafted.

The Bill is totally appropriate. We are dealing with communities where there has been a complete breakdown of normal behaviour, sometimes over generations, and we must tackle this. I was very interested in Senator Harris's point in this regard. It is intervention before people commit crimes rather than incarceration afterwards that is needed. There is much to be said with regard to the question of responsibility, in particular parental responsibility. This is why I admire what the Minister is doing in the Bill. It is fine to be pious and to have great aspirations about upholding the rule of law, which we of course all do, and protecting the criminal's rights. However, in many cases, as in the case of Mr. Roy Collins, when does anyone stop to think about the most basic fundamental human right we would all uphold, and which Mr. Collins was denied, namely, the right to life?

We need to have perspective in this regard, which is why I particularly welcome the measures in the Bill. We need to apply a firm hand in dealing with people who have absolutely no respect for law and procedures, particularly concerning intimidation during trials. I welcome measures that will strengthen law enforcement and the services of the Garda Síochána, the Defence Forces and the Revenue Commissioners.

I have listened to the point made by others that the Bill needs to be applied correctly. As with other professions, we have to a certain extent rooted out problems where they have existed in the police force. We need to arm our police force with an appropriate ability to deal with the modern criminal and, for this reason, we must provide gardaí with legislation that does not hinder them. I made the point earlier with regard to Garda Commissioner Murphy's statement that policing cannot be effective without surveillance. This is just a modernisation of policing in that evidence which has been procured through surveillance will now be allowed before the courts.

We are not crossing a major Rubicon because this is the position in which we find ourselves. The first duty of a government must be to the safety and security of its citizens. If people can operate throughout the country believing they are above the law and showing a total disregard for the lives and property of others, we must show a tough response.

I was interested in Senator Harris's point concerning rehabilitation for families. He is correct that a young child who is before the courts does not become a criminal in isolation. All kinds of resources are needed in dealing with this problem and a part of the solution must be how we empower the whole community, particularly parents, in delivering a sense of responsibility to children.

It would be welcome if the President would consider calling together the Council of State to examine the Bill when it is passed by the Houses of the Oireachtas. We need to ensure as soon as possible after the Bill is passed that it is legally watertight because I can foresee it becoming bogged down in court cases. While it is not for a Member of the Houses of the Oireachtas to suggest to the President what she may or may not do, there would be a certain value in her calling together the Council of State. It would serve to support the Garda Síochána at a time when we need to send a very clear signal that the Oireachtas supports the Garda in the conduct of its work.