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

I appreciate the contributions made across the House and the support for the Bill. I listened with interest to what Senators had to say and I thank all those who contributed to the debate. It is clear that all of us here are of the view that burglary is an odious offence, particularly when it interferes with what should be the peaceful haven of a person's home.

In tackling burglary, the Government is particularly focused on serious and repeat offenders in terms of sentencing and in smarter and more co-ordinated offender management and investing in the capacity of An Garda Síochána to tackle such offenders.

The Minister, Deputy Frances Fitzgerald, commissioned a review of this area earlier in the year and the Bill is directly informed by the concerns identified by An Garda Síochána. Officials from the Department met with the detectives tackling burglaries so that they could hear first hand the difficulties they face to identify the improvements in the law which have been delivered in this Bill. Gardaí noted the particular challenges they face in tackling repeat offenders who obtain bail, despite having multiple convictions or facing multiple charges. Such offenders often commit many burglaries while on bail and then push to receive a sentence for as few offences as possible while having many more taken into consideration. The Bill addresses both ends of the problem.

The constitutional right of liberty of accused persons is carefully balanced with the constitutional right to inviolable dwelling. Multiple offences of domestic burglary or multiple pending charges or a combination of both will be considered as evidence that the person is likely to commit further domestic burglary. The courts will be empowered to deny bail to such prolific offenders in appropriate cases.

As regards sentencing, multiple offences committed within the same 12-month period cannot simply be taken into consideration or rolled up into a single concurrent sentence of imprisonment. If a court is minded to impose a sentence of imprisonment it would be obliged to impose it consecutively to any sentence of imprisonment for domestic burglary committed within the same 12-month period.

Work is progressing on the drafting of a new bail Bill which the Minister intends to bring forward as a matter of priority to strengthen other aspects of the law and to protect the public against crimes committed by persons on bail. Legislation is only part of the solution. Results on the ground are delivered by the men and women of An Garda Síochána. Gardaí ensure that our laws are enforced and that the rights of vulnerable victims are upheld.

It is important that we equip the gardaí to do their jobs. I wish to outline the significant investment this Government is making in Garda equipment, ICT, vehicles, buildings and the new DNA database. The Government's capital plan is providing a major investment in 21st century policing to tackle crime. An additional €46 million has been provided for vehicles, €60 million for buildings and overall ICT funding of €330 million over the lifetime of the capital plan. The Minister secured an extra allocation for the recruitment of 600 new gardaí. I have already mentioned the effect of Operation Thor.

I listened with particular interest to the concerns of all Members of the House to particular cases mentioned by colleagues. I sympathise with all victims of burglary. In addition to resourcing An Garda Síochána to tackle the offenders, we are putting in place supports for victims. The general scheme of the criminal justice (victims of crime) Bill has been published and the Bill is being drafted. Victims of crime will be placed at the heart of the justice system for the first time. Victims will have a right to receive clear information on the criminal justice system, their role within it and the range of services and entitlements they may access. The Bill provides the right to receive written acknowledgement of the making of a complaint as well as details on how further information can be obtained. Victims will be able to request information concerning the progress of the investigation in any court proceedings. The information must be provided by a prison service on the release and escape from prison of an offender serving a sentence for an offence against the victim if requested. Victims will also have the right to individual assessment of the measures necessary for their protection from further victimisation. The Garda Síochána, the Courts Service, DPP, the Irish Prison Service and the Garda Ombudsman Commission will all be obliged to train staff members in the needs of victims and to enable them to deal with victims in a respectful and professional manner.

In regard to the closure of Garda stations, policing has a lot more complexity to it than where a station is located. Recent statistics show no correlation between station closures and a rise in burglary. Burglary has, in fact, fallen in some areas where stations were closed. I understand the concern expressed at the closure of Garda stations. It can appear that resources have been withdrawn from an area when this happens but this is not the truth. The closure of Garda stations was not about saving money. It was done to enhance service delivery and efficiency. We have heard again in recent days from the Garda association and the Garda Inspectorate about the need to release gardaí from paperwork for front line duties. The rationalisation programme put in place by Garda management shows front line gardaí to be deployed with greater mobility and flexibility, particularly for targeted police operations. As a result, communities benefit from increased Garda visibility and increased patrolling hours which improves the police service to the public.

The network of more than 700 Garda stations inherited from the Royal Irish Constabulary and the Dublin Metropolitan Police reflected a 19th century model that predated the invention of the motor car. Can anyone seriously argue that a 19th century policing model should be applied to 21st century crime? The Garda strategy, which the Minister supports and has resourced, is to ensure a dynamic policing response that has enabled it to tackle crime where and when it happens and the appropriate equipment. The Garda cannot drive a desk to a scene of a crime to apprehend criminals or move that desk to the other side of the county in response to changing crime patterns. However, a garda in a patrol car or a high-powered response vehicle can both engage with the local community and attend the scene of a crime. We must support a 21st century model of policing.

On the issue of tagging, the Criminal Justice Act 2007 provides for the introduction of electronic monitoring as a condition of bail at the discretion of the court. However, due to issues relating to the operational effectiveness of untargeted electronic monitoring, these provisions have not been commenced. Evidence in other jurisdictions has shown that electronic monitoring has significant limitations. For example, the report on the Scottish electronic monitoring has a condition of bail where neither the aims of increasing public safety perceptions nor reducing the custodial remand population have been achieved in any significant way.

I thank Members for their support for the Bill. The Bill was developed, having sought the advice of gardaí on the ground and in light of the challenges they face. It represents a targeted response to those who think they can repeatedly burgle the homes of innocent victims with impunity. Suggestions that people's right to free legal aid should be curtailed is not consistent with the values of a republic. One may not like it, and we may find it difficult to accept but if we believe in living in a free and open democracy and in a republic there are certain rights and entitlements that go with living in that republic, it is a constitutional right.