Mary Fitzpatrick (Fianna Fail)
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I welcome the Aire to the Upper House. Comhghairdeas to him on his appointment as Minister for Justice. He has been a breath of fresh air since taking office. His hands-on approach to the bread-and-butter issues of justice in our communities and throughout our country is welcome. I wish him well in his role. He has a big task ahead.

I am seeking an update on the Department's work on the production of a retail crime strategy. The Minister will be aware that the CSO recorded a 12% increase in thefts last year. Forty-six per cent of that increase came from retail. Those thefts were from retail establishments. We are talking about the small Spar, Londis, Centra and local corner shop, as well as the Dunnes Stores, Tesco and Lidl on our high street. Shop owners and shop workers are being threatened on a daily basis. They face racism, sexism and verbal and physical assaults. It is not an overstatement to point to the fact that many shop owners in Dublin had to employ security staff wearing bodycams before gardaí in Dublin were wearing bodycams. That is an indication of where safety in the retail space stands.

I know the Minister is aware of this and that he appreciates this is not a victimless crime. It is estimated that apart from the personal human impact on individuals working, owning and trying to operate these establishments, and on their customers and the communities they serve, there is a financial cost. The estimated cost is €1.6 billion per year. That is an enormous amount of money to be losing in the context of investment in our economy and community. RGDATA represents more than 3,500 individual, family-owned SuperValus, Spars and Centras, which are the shops where people buy a bottle of milk or a sliced pan. They are there early in the morning when we go to work and late at night when we go home. RGDATA estimates that theft is costing them, on average, €40,000 a year. That is €40,000 they have to find before they pay for stock, rent, insurance, electricity or staff. It is an enormous amount of money that is making many of these businesses struggle for viability.

I know the Minister gets this. I hope he has come to the House with an update for us on his Department's work to develop and produce a retail crime strategy, which is urgently needed.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank the Senator for raising this important issue. I commend her on her tireless advocacy on behalf of citizens and people in Dublin Central. I am fully aware of the issue of retail crime, not just in the constituency of Dublin Central but in the cities and towns throughout Ireland. It is a significant issue for people who are trying to run businesses in those towns and cities. The statistics the Senator identified illustrate that. This is something that is costing small businesses €1.6 billion a year, which is a significant amount.

I assure the Senator that the Government and I are resolute in supporting Garda operations to tackle retail crime, including through considering how we can enhance and perhaps supplement its efforts. From speaking to Assistant Commissioner Cleary in Dublin, I know that he and his staff are very focused on this issue. They are aware that this is not a victimless crime and that something needs to be done to ensure there is enforcement of the law when it comes to shoplifting, which poses a significant threat to the economic welfare of Irish retailers. These incidents do real harm, not only to the business owners but also to their staff, who, as the Senator knows, are in vulnerable positions on many occasions, whether they are working late at night or during the day, if people come in who as well as stealing are threatening violence against them. My Department is developing a retail crime strategy. I am fully aware of the importance of having that strategy in place. However, it is also important to recognise that powers are available that need to be availed of. One of the legislative changes I am considering is updating the public order Acts to allow a prolific offender of retail crime to be excluded from a premises for a period. We have similar barring orders for people who perpetrate or are alleged to have perpetrated acts of domestic violence. In circumstances where someone has been convicted of serial or repeated retail crime, there has to be a strong argument for that person to be kept away from retail areas.

The Senator will also be aware that the Defamation (Amendment) Bill 2024 will come back into the Houses of the Oireachtas, I hope, after Easter. It provides for a defence for retailers called the defence of retail defamation. When that provision has been enacted, there will be much stronger protection for retailers when they identify and confront individuals they allege are shoplifting on their premises. It will, in effect, provide a protection of qualified privilege in circumstances where someone is stopped when leaving a shopping and it is said to them that it is believed they have shoplifted something from the shop. That will provide an occasion of protection for the retailer from a successful claim of defamation, unless it is the case the retailer was motivated by malice or acted disproportionately.

Furthermore, An Garda Síochána is strongly focused on tackling retail crime, including through a dedicated operation already in place - I mentioned assistant commissioner Cleary - called Operation Táirge. Under that operation, gardaí nationwide work on reducing organised retail crime by using an intelligence-led approach to identify criminals engaging in retail crime. The plan involves tackling organised retail crime by using an intelligence-led approach to identify criminals engaging in that crime; working with retailers to strengthen their security and prevent them becoming victims of this criminality; supporting those working in retail to report a crime; identifying and targeting the areas where organised retail crime black markets operate and their leadership; working with high-risk retailers to enhance prevention, investigating and prosecuting; and deterring people from becoming involved in organised retail crime by raising awareness of the consequences of committing such offences. The approach is to disrupt the most prolific groups through the use of organised crime legislation and proceeds of crime legislation. In 2024, the first year of operation, there were 8,460 arrests and 20,000 charge summonses were recorded in association with Operation Táirge. That illustrates the work of An Garda Síochána on the ground.

However, I recognise it is not only about organised retail crime. There is a large volume of lower level, everyday shoplifting that has just as serious an impact on small retailers and staff. Our best and most important resource to tackle it is An Garda Síochána. As the Senator will be aware, we are increasing Garda resources. I am pleased, and I hope the Senator has noticed, that we have an increased presence of gardaí in her area of Dublin 1 or Dublin city centre. I hope that will combat the level of retail crime we are unfortunately seeing.

Mary Fitzpatrick (Fianna Fail)
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I acknowledge the ownership an tAire has taken of this issue since he took office. It is welcome that he proposes to introduce exclusion orders and that he is preparing the Defamation (Amendment) Bill to introduce a defence of retail defamation. I acknowledge the work of An Garda Síochána under Operation Táirge; the more than 8,000 arrests last year are welcome. However, the Minister acknowledged that the low level, insidious, casual, opportunistic shoplifting has a really corrosive effect. Although An Garda may have made more than 8,000 arrests, there is a role for the courts to play in this as well in sentencing and prosecuting those crimes. I urge the Minister to engage with the courts and impress upon them the importance and severity of the impact of the issue on our communities.

I acknowledge the increased presence of gardaí in my area and across the capital, which is welcome. I am not suggesting the job is done, but it is welcome and the people of Dublin Central and across the capital welcome their presence and are supportive of the new gardaí who have come to the capital. We hope they stay here for a long time to come.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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It is important to emphasise, as I always do, that one of the problems I face as Minister for Justice is that people want to see more gardaí in every community. It is a great advantage we have in Ireland. In some other countries, people do not want to see a police force in their communities because they do not trust it. The overwhelming majority of Irish people trust An Garda Síochána and want to see members in their communities.

I should also have pointed out in my response that the Department of Enterprise, Trade and Employment holds a retail forum on a quarterly basis with retailers and representative bodies. I also attended a meeting last October, as the Senator may have, of retailers concerned about the issue of retail theft. It is a serious issue. That is the reason I was there. I am conscious of trying to address it to assist retailers in giving them greater legal protections. I am conscious of trying to ensure An Garda has more resources. However, as the Senator also knows there is another aspect, which is the fact that many of the people involved in it, though not all, have addiction issues. That is an issue we need to figure out how to address. Nonetheless, that addiction issue should not interfere with the legitimate entitlement of people to run businesses and to serve the community as they do.

I will meet members of the retail forum in May to get their views about what a retail crime strategy might contain. It would also be interesting to hear the Senator's views, and indeed those of anyone else. It is important to conclude by stating that this is not a victimless crime. It has a serious impact on individuals and on businesses and it is also damaging for the appearance and safety of the city centre if people think retail crime can happen without consequence.

Malcolm Noonan (Green Party)
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It is great to have the senior Minister with us for Commencement matters.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am delighted to be in the Seanad.

Malcolm Noonan (Green Party)
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It is much appreciated.