Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Is maith liom an argóint atá curtha chun cinn ag an Seanadóir Harte i dtaobh cur chuige uile-Éireannach maidir le ceisteanna den chineál seo. Tá Sinn Féin ag tacú leis an reachtaíocht seo mar go gcreidfimid go bhfuil sé fíorthábhachtach go mbeadh na céimeanna cuí in áit le cinntiú nach féidir leis an dream atá ag plé le cúrsaí coiriúlachta an t-airgead atá á dhéanamh acu as sin a thógáil amach agus a chur ina gcuid pócaí féin nó ina gcuid gnóthaí.

Sinn Féin does not believe criminals should be allowed to profit from the misery of local communities. We support actions to ensure that does not happen. It is important to state that such crime does not emerge from nothing. The British Labour Party had a slogan that became commonly used: "Tough on crime, tough on the causes of crime." The second part of that statement is often forgotten. While it is important that we tackle crime as it presents itself, and while we do what we can to ensure criminals are properly punished for their actions, we must consider the obvious point that crime and poverty are very closely related. In particular, a black market emerges when people are struggling to put food on the table. They will take any opportunity to save a few euro. Criminals exploit that demand, and that is wrong. However, the Government needs to consider also that the market would not be as active were it not for the Government continually squeezing the disposable incomes of those least well off in society.

Substantial cuts to front-line services, both statutory and community, in the most disadvantaged and vulnerable communities across the State can only benefit the criminal gangs. Likewise, reductions to the local government fund, which is hurting the ability of local authorities to provide decent services and adequate housing, and the various cuts to social protection payments, have put ordinary citizens in a difficult situation. As I have noted, poverty can breed crime. That fact is well established.

I recognise this is not an issue that is within the purview of this legislation to address but, none the less, I believe the point is worth making. I ask the Minister to bear in mind the consequences of austerity for communities when issues relating to cutbacks and budgets, etc., are discussed by the Cabinet. Likewise, the Government's decisions in recent years on law enforcement have also contributed to communities' sense of unease. Cutting Garda numbers by 10% can only benefit the gangs. Successive Governments have supported a policy of removing resources from and reducing the number of gardaí. We may fall below the unacceptable threshold of 13,000 gardaí. We have seen that the rate of renewal of the Garda fleet of cars is barely managing to keep up with the necessary rate of replacement. We have seen Garda stations closed and hours reduced, particularly in rural areas. Despite this, the reach of the Garda has not greatly improved. This needs to be examined and the Minister needs to ensure that as many recruits as possible come through Templemore in the coming years to replace the numbers lost, although we have no way of recouping the considerable experience lost.

The Bill examines, in particular, how the funds and assets of criminals involved in smuggling can be targeted. This is important. I note the success of the Criminal Assets Bureau in recent years in this regard. It is important to note that this criminal behaviour extends far beyond drugs but that there is now a significant fuel and cigarette smuggling industry. Last year, Retail Ireland reported that 12% of all diesel sold in Ireland was illegal. Nineteen oil laundries were detected and closed, and 690,000 litres of oil were seized. Almost 25% of the Irish cigarette market is sourced from the black market. In 2011, 109 million illegal cigarettes, with a value of €45.9 million, were seized.

I am a little saddened the Minister of State, Deputy O'Dowd, is not present for this part of the debate because the Government needs to provide an answer as regards the fuel truck that was stolen from a barracks. How could this happen in an Army barracks where we put a fuel truck to keep it away from criminal activity? How could criminals break in and steal it under the Army's nose?

The figures we talk about are enormous. Crime affects local economies as business is lost. Nationally, the Exchequer is losing €861 million annually because of illegal black market activity and theft. The retail sector hardly needs further burdens in the context of such high rates, high energy costs and a depressed local economy. Retail Ireland has offered to put money towards the scanners that could be used to detect illegal goods concealed in large containers that are entering our ports. It also noted the fact that counterfeit cigarettes are openly sold at open markets, and that there is a need to deploy Garda resources to police this.

Much very serious criminal behaviour may be happening out of our view in the form of white-collar crime. In recent weeks, we have discussed tax evasion. Irrespective of what one thinks of that, it is worth considering that there is doubtless considerable tax evasion occurring in the form of criminal behaviour. There are many provisions in company law and other related corporate legislation that have barely ever been used simply because the Garda fraud squad remains under-resourced.

As a party, Sinn Féin calls not only for international co-operation on matters such as this but also for a strong all-island policing policy. This is not merely an all-island issue. We need to tackle this internationally and as strongly as possible.

Once again, I emphasise a long-standing proposal of Sinn Féin for which I have yet to hear a sensible rebuttal. Approximately €40 million was seized solely under the proceeds of crime legislation between 2006 and 2010. We have asked the Government to retain this money for community development purposes. The money is separate from the money seized by the Criminal Assets Bureau consequent to Revenue and social welfare fraud. It is the money taken from drug dealers and criminals who are profiting from the communities they are terrorising. What I propose can be done. The current legislation allows for all moneys collected by the Criminal Assets Bureau to be returned to the Exchequer in accordance with the provisions of the Proceeds of Crime Acts 1996 and 2005. There is no reason this should not happen. It would be an equitable compensation for communities plagued by the criminals in question.

On the bringing in of the legislation regarding the mobile telephones, can the Minister of State elaborate on whether there is a real, clear and present threat of a bomb attack during the G8 summit that we should know about? Under the very high-profile EU Presidency, which we have held for the past six months, we have not had these measures introduced. Some might believe this Bill is being rushed through so it will be in place for a potential attack during the G8 summit. Perhaps the Minister of State or one of his officials will be able to tell us about that.

With regard to the mobile telephone issue, is there potential for the misuse of the legislation by criminals? If they wanted the mobile telephone system in an area to go down, could they hoax a terrorist attack of some sort to use the downtime in the telephone network to their own ends? I am not saying that is possible. I appreciate that what is being discussed is a very serious high-level terrorist threat but wonder whether what I describe has been considered? In jurisdictions where the powers proposed are available and have been used, has any activity of the kind I have alluded to occurred?

I would like the Minister of State to consider the issues I have raised. Sinn Féin supports the Bill. Beidh muid ag tacú leis an mBille seo mar go bhfeictear dúinn go bhfuil sé tábhachtach go mbeadh a leithéid ann.