Seanad debates

Friday, 11 December 2015

Criminal Justice (Burglary of Dwellings) Bill 2015: Second Stage

 

10:00 am

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. The review by the Department of the criminal justice system, as a result of the recent spate of burglaries, is very important, as is the legislation before us. I do not have to remind the House that people in rural Ireland are absolutely terrified at the moment. This is evident from the fact that public meetings that have been held on this issue have drawn huge crowds. In some cases, those attending do not want to hear politicians talking. They are making their own case and that case is particularly strong.

The Minister of State is correct in saying that burglary is not simply about the theft of property. Anybody who has been burgled has also lost his or her peace of mind. If one looks at that terrible case in Tipperary, one can hardly believe that such a thing could happen. When the criminals involved were going to court, the sheer contempt they displayed to the cameras was an indication of the seriousness of the situation.

There has been a marked increase in burglaries, with 28,830 recorded, representing an increase of 2,241. I hope the Minister of State is correct in his assertion that matters have improved in more recent times but the statistics would indicate that the burglary rate is increasing rather than decreasing. One of the reasons for this is the flaws and weaknesses in the criminal justice system itself. More than 60% of people who have been convicted for burglary repeat the offence, which shows there is no deterrent within the criminal justice system. A full 25% of people on bail commit burglaries while at large. It is vital that the courts are given the power to deal with what is now an epidemic.

We must consider the introduction of mandatory sentences which send out a clear message to burglars. As Mr. Justice Hardiman said, if someone breaks into one's home, that is an act of aggression. The issue is not the property but the aggression towards the citizens of this State and that should be met with the most severe penalties. There should be a mandatory sentence of three years for anyone who breaks into a person's home. Indeed, we should go further than that and introduce a sentence of seven years for anyone who commits burglary on three occasions within a 12-month period. That would send a clear message to the burglars that if they go down that road, they will pay for it. Such a message is important in the context of the damage done to peace loving, innocent citizens by burglars. That damage must be reflected within the sentencing process.

It is worthwhile, in the context of this debate, to turn to the Garda Inspectorate's most recent report. There are many issues highlighted in that report which the Department should seriously consider. There are 80 recommendations in all but one of the most fundamental points is that between 1,500 and 2,000 gardaí who are currently engaged in office-based work could be released for front-line duties. The Garda Inspectorate recommends that at least 1,000 of these be so released and is confident that An Garda Síochána will still have sufficient numbers to handle the administrative processes within the force. The Government should take that recommendation on board. As I understand it, Garda numbers in Dublin alone have been reduced by 639 in recent times.

I mention Dublin because this debate on burglary is not just about rural Ireland; the same is happening in Dublin. The criminals are acting with impunity. I am sorry to say, and this is no compliment, that they are working with professionalism. It is quite clear they have strategies but, above all else, they have inside information. I am certain that before criminal gangs, particularly the mobile ones, hit a town, they are provided with information by people in that town. If the gangs did not have such information, they would not be able to do what they are doing. That suggests that a network exists and that network must be broken.

The closure of 139 Garda stations is relevant here too. I am convinced, despite technological advances and our changing society, that there is nothing like the presence of a garda in an area. I am not suggesting that gardaí should necessarily be on the beat, so to speak, as in the past. However, the mere fact that there is a garda in an area who could receive information quietly, privately or even secretly, if necessary, means that he or she can combat the work of the local informants and be prepared for the gangs when they arrive. We should consider reopening a number of the Garda stations that were closed in recent years, particularly in areas that have experienced the type of crime to which we refer today. People might say that is done and dusted but I would argue that things have changed and the situation has gotten out of hand. This must be a priority issue. Having listened to the contributions made at a recent public meeting in Thurles, it was quite clear that nothing will satisfy the citizens or put their minds at ease other than radical action in this regard.

The neighbourhood watch scheme has been operating quietly for many years and has been quite successful. While the neighbourhood watch sign might not be a major deterrent, the fact that the scheme is organised and focused means that information is being shared and suspicious movements are being reported. However, communities need someone to receive that information and act on it. Making a phone call and hoping that a Garda car will arrive is not sufficient any more. The presence of local gardaí on the ground is essential.

Closed circuit television cameras on our motorways are vitally important because mobile criminal gangs have to use the motorways to commit their crimes. Closed circuit television cameras at motorway exits would pick up the movements of certain cars and so forth. I accept that there has been an improvement in the use of technology. Members of An Garda Síochána are upfront in telling us where the inadequacies exist at the moment.They are on the front line. I often wonder if we appreciate fully the work members of An Garda Síochána do. We have one of the finest police forces in the world and know gardaí at local level. When somebody steps out of line, as happens in every element of society, there is a hullabaloo, but the truth is that gardaí are willing, ready, committed and dedicated to do what is required. We must ensure they are assisted and that the criminal justice system takes cognisance of the current position. It is a sad, sorrowful day for the country that we have come to this. We owe it to citizens to protect them and give them peace of mind.

We support the Bill, which is as it should be. There are no kudos politically in it for anybody, but there are responsibilities for all of us who are privileged to be legislators.

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