Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I am pleased to present the Criminal Justice (Burglary of Dwellings) Bill 2015 on behalf of the Minister for Justice and Equality, Deputy Fitzgerald, who is unavoidably detained on other important business. The Bill aims to tackle persistent offenders charged with multiple offences of burglary of homes. It will enhance the provisions for refusal of bail in appropriate cases and provide for consecutive sentencing for repeat offenders.

Burglary is an invasive upsetting crime which is not simply about theft or property. When it occurs in the home it strikes at our peace of mind in the one place where we should feel most secure. Article 40.5 of the Constitution highlights the importance of the home, "The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law." The courts have long recognised that the burglary of a person's home is an egregious crime. In his judgment in the 2006 case of DPP v. Barnes, Mr. Justice Hardiman stated, "The offence of burglary committed in a dwellinghouse is in every instance an act of aggression, an attack on the personal rights of the citizen as well as a public crime and is a violation of him or her."

On account of her concern over a rise in domestic burglaries, the Minister initiated a review of the response of the criminal justice system to the problem. The review examined legislation, the management of prolific offenders, policing and crime prevention. It involved the Garda Commissioner, the Probation Service and the Prison Service. The Minister, Deputy Fitzgerald, has been consistent in her view that serious and serial offenders must continue to be imprisoned in appropriate cases. Public safety is of paramount importance. However, it is equally clear that imprisonment is only part of the solution. Locking people up and forgetting about them is not an effective way to reduce re-offending or protect our communities and reduce victimisation.

The review highlighted the fact that a large proportion of domestic burglaries are committed by serial offenders. Senators will be aware that approximately 25% of offenders are responsible for 75% of property offences. There is also evidence of a high rate of recidivism for burglary. Data from the 2013 Prison Service recidivism study shows a rate of over 79% among persons imprisoned for burglary and related offences. Data from the 2008-13 Probation Service recidivism study shows a recidivism rate of 49% among persons engaging with the Probation Service for burglary and related offences. These are the highest rates for any offence group.

Offenders pass through the hands of the Garda, the courts, the Prison Service and the Probation Service. The criminal justice system cannot be effective if it is disjointed. The Minister is keen to ensure that it handles offenders in a co-ordinated way from beginning to end. Last week, the Minister launched the joint agency response to crime initiative. JARC is an inter-agency response to the management and rehabilitation of offenders. It involves the Probation Service, the Prison Service and the Garda Síochána working in collaboration with statutory, community and voluntary partners. The JARC strategy aims to target those recidivist offenders responsible for the majority of crime. To reduce crime and enhance public safety, the nominated prolific offenders will be managed through the co-ordination and integration of policy, practice and research between the organisations. It makes sense that by targeting identified prolific offenders with such cross-cutting initiatives, which address their criminal behaviour and the harm it does, crime will be reduced and public safety increased.

These people require a specific programme in the community if they are to make better choices. In this context, targeting the relatively small group of repeat burglars has the potential to significantly reduce the incidence of burglary and the harm it causes throughout the country.In addition to a more co-ordinated approach to offender management, the review I referred to identified two key problems which can be tackled by legislation. One relates to repeat offenders who are granted bail despite being charged with multiple burglaries and who often commit further burglaries while on bail. The other relates to the fact that relatively short sentences can be imposed by the courts when multiple burglary offences are taken into account. This Bill will address these problems.

Of course, before one can prosecute or manage offenders, one has to respond to burglaries and investigate them. Tackling crime and burglaries remains a top priority for the Government and for An Garda Síochána. Operation Thor, a new multi-strand, national, anti-crime and anti-burglary operation was recently launched by the Garda Commissioner. An extra allocation of more than €5 million has been committed by the Government to support Operation Thor, which entails a broad range of activities to tackle crime, particularly burglaries, in urban and rural communities nationwide. These include: additional high-visibility patrols in identified burglary hot-spots; increased use of checkpoints to tackle the criminal gangs using the national road network; the use of high-powered vehicles by the armed regional response units; efforts to disrupt the stolen goods market; programmes to help reduce re-offending by prolific offenders; a high-profile national crime prevention awareness campaign; targeted crime prevention advice for local communities; and enhanced supports for victims.

Since Operation Thor commenced last month, there has been a range of arrests and persons have been charged as part of planned operations. These include arrests in Dublin, Dundalk, Cavan, Dunboyne, Mullingar and Birr, as well as a large-scale search of 12 locations in the Limerick area as part of a targeted operation against organised crime groups in which drugs and firearms were also seized. The Minister expects to receive ongoing reports on the impact of the operation throughout the country.

Special targeted patrols have been implemented with the assistance of Garda national support services against criminal groups. These arrangements have also targeted the use of motorways by criminal gangs and have contributed to the arrest of a number of high-priority suspects. It is also important to note that the sustained Garda response under the previous Operation Fiacla has produced many successes in disrupting those involved in this type of criminal activity. As of 31 August 2015, Operation Fiacla had led to 14,381 arrests, with 8,181 persons charged.

The everyday tasks of An Garda Síochána and the specialist operations all have to be resourced. The Government has prioritised investment in the Garda and all aspects of its work. More than €34 million has been invested in new Garda vehicles since 2012, with more than 640 new vehicles coming onstream in 2015, ranging from more Garda patrol cars to high-powered vehicles for armed units. The Government's capital plan for 2016 to 2021 provides for a further €46 million of investment in vehicles as well as the recently authorised allocation of €1.8 million for the replacement and upgrade of equipment on the Garda fixed wing aircraft.

The capital plan contains an additional €205 million for Garda ICT systems and technology. This will bring overall Garda ICT funding to €330 million over the lifetime of the capital plan. A few weeks ago, the Minister, Deputy Fitzgerald, together with the Minister of State at the Office of Public Works, Deputy Simon Harris, announced details of the Garda building and refurbishment programme, which includes more than €60 million of Exchequer funding as part of the Government capital plan for 2016 to 2021 as well as a major public private partnership project.

Last month, the Minister commenced the DNA legislation that saw the launch of a new state-of-the-art DNA database system, based in Forensic Science Ireland in the Phoenix Park. The DNA database represents a significant development in assisting the Garda Síochána in the investigation of crime. This high-quality intelligence and investigation tool will be invaluable in the fight against a whole range of crimes, including burglary.

The most important resources the Commissioner has at her disposal are the members of the force themselves. I commend them for their brave, compassionate and dedicated service, none more so than Garda Tony Golden who went far beyond the call of duty and gave his life to protect a vulnerable victim of domestic violence.