Sean Barrett (Independent) | Oireachtas source

I welcome the Minister of State who is a regular visitor to the House these days. I welcome Senator Labhrás Ó Murchú's generous response to the Bill and the Minister of State will receive the same support throughout the House.

As Mr. Justice Hardiman said, the offence of burglary, committed in a dwelling house, is an act of aggression and an attack on the personal rights of the citizen, a violation of him or her, as well as a public crime. People believe that when personal jewellery is scattered around the place or stolen, it is a real violation and it takes older people and those who live alone or in the country a long time to recover from such a traumatic experience.

In the context of attempts to enforce drink driving legislation, I regret the ingenuity of the legal profession in defending activities which lead to the death of some 160 people a year. Will the loophole merchants find a loophole in this legislation? Is the definition of "dwelling" strong enough? Will they be able to say they did not know something was a dwelling? Will they be able to say they did not know somebody lived upstairs? Will they be able to say they were robbing the post office, not knowing the postmaster or postmistress lived overhead? Perhaps on the next Stage we might look at whether the definition is watertight. The loophole merchants of the legal profession are probably at work already to find a way around it. I regret such conduct, but, after the recent drink driving case and the role different languages played in the case, cynicism among the public is at unprecedented levels. That is what the Garda has to cope with.

The requirement to retire earlier than in any other occupation is wrong because the Garda force loses all that expertise. A previous deputy commissioner took the case for normal retirement in An Garda Síochána to the courts but lost as there needed to be a system of promotions and people would have been blocked off if others stayed on too long. On the retirement age in general, the unnatural early retirement age for gardaí might be looked at. I welcome the reference to the Garda Reserve, the members of which sometimes feel left out but whom the Minister of State has brought firmly back into things.

We need joint operations in Border areas. In the Smithwick report which investigated the deaths of two RUC men on leaving Dundalk Garda station there was a recommendation that the United States-Canada model for cross-Border policing be used. Given the very harmonious relationship between the PSNI and the Garda and the fact that there is a meeting in Armagh today between the Ministers of the two jurisdictions, that recommendation might be looked at. It is related, as the Minister of State said, to the deaths of Garda Tony Golden and Garda Adrian Donohoe. We cannot have areas of criminality on both sides of the Border.

Garda visits to schools have a good record and should be maintained. This is not particularly relevant to burglaries, but children should be warned of the dangers on roads or being invited to get into cars.

On the question of a cumulative record of burglaries being taken into account, I accept the point about the presumption of innocence and that it is a strong part of the Constitution, but if there are 64 or 94 previous offences, the statistical probability of presuming innocence is reduced. A person is his or her record and it should be taken into account. There is general despair when people commit crimes while on bail and I welcome the Minister of State's attempts to deal with the matter today. It is an abuse of freedom.

I wish the Minister of State well with the legislation. On a side issue, the name "An Garda Síochána" originated in this House and the title in legislation was to be the "Civic Guard". A Senator made a contribution which was acknowledged throughout society.

Senator Feargal Quinn is unable to be here, but he did ask that, in addition to the 999 number, we look at the 101 system whereby people who are not reporting a crime could seek the advice of gardaí. The Senator assures me that the system works very well in Northern Ireland. It takes pressure off the 999 service because one person deals with crimes, while the others give advice. Other Senators have mentioned the value of advice. For old people, a much appreciated piece of advice from gardaí is to get a dog, as burglars can get around technology, but a dog is a real deterrent.

There should be greater community policing, while Senator Labhrás Ó Murchú mentioned the curse of bureaucracy. We should get gardaí on the beat, meeting people and reinforcing the relationship between them and the public, one of the great relationships in the country. An Garda Síochána is probably the most trusted institution in public life. On the subject of cherishing the role played by it in the development of Irish society, the Garda Museum in Dublin Castle has been shut for a very long time. It would be of great interest in increasing the appreciation and knowledge of the great history of the great servants we have in An Garda Síochána.