Seanad debates

Friday, 11 December 2015

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

 

10:00 am

Photo of Terry BrennanTerry Brennan (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit go dtí an Teach.

The Criminal Justice (Burglary of Dwellings) Bill 2015 has two main provisions. It provides for the option of refusing bail in certain circumstances to a person charged with domestic burglary.It also will provide that where a court imposes custodial sentences for multiple domestic burglaries, these sentences must be consecutive in certain circumstances. Members should consider the number of burglaries and other offences committed by criminals out on bail, as has been referred to by many Members, as well as repetitive burglaries and the question of access to free legal aid for persistent offenders. I am aware that constitutionally, one is innocent until proven guilty and as far as I can see, a criminal who has committed in excess of 100 offences can have free legal aid and it is available ad infinitum. However, I believe there should be some way to get payback by those criminals, whether it is through voluntary work in their communities or, in many cases, a small reduction from social welfare benefits. I believe continuing to burgle houses while out on bail definitely is not constitutional.

I acknowledge all community organisations and neighbourhood watch schemes, as well as the Irish Farmers Association and Muintir na Tíre. I also acknowledge the co-operation that exists at present between the Police Service of Northern Ireland and the Garda Síochána. I recently called to a home in County Louth in which an elderly lady in her 70s lives alone. She called out to ask who was at the door and when I told her who it was, she asked me to wait as she had four locks to open on the door. I simply was calling to check on her and to ensure everything was all right but it took her three or four minutes to open all the bolts she had on the door. She is living in fear with the lights on all night and so on. Members must act to stop this. I met a fellow recently who received a telephone call at 3 a.m. A guy was going by boat on a business trip to Scotland when he saw a jeep, the number of which he recognised. He rang the owner to find out where on the boat he was in order to have a chat during the crossing, only to discover the man was at home in his bed in Cooley and did not realise his jeep was on the ship going to Scotland. It was fortunate that the man had made a telephone call because the owner then realised his jeep had been taken from outside his door and was being taken to Scotland during the night. Thankfully, with the co-operation the perpetrators were apprehended.

I acknowledge the remarks by Senator Ó Murchú about our police force, the Garda Síochána. Its members must be commended on their dedication and full commitment to protecting communities nationwide. I support this Bill and I am glad everyone who has spoken is supportive of it. It is being supported by all parties and I look forward to its implementation.

If I can raise one further matter, the Minister of State might comment on the issue of reasonable force. I would like it if someone to explained to me what constitutes reasonable force. If one goes home and opens one's door to find some guy leaving with one's television or goods from the home, what does one do? I know what I would do in any event and while it might not be within the law, that is the case.

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