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Dáil Éireann debate -
Wednesday, 24 Nov 1976

Vol. 294 No. 5

Private Members' Business. - Law and Order: Motion (Resumed).

The following motion was moved by Deputy G. Collins on the 23rd November, 1976:
"That Dáil Éireann condemns the Government for its failure to deal effectively with the breakdown in law and order."
Debate resumed on amendment No. 1:
To delete all words after "Dáil Éireann" and substitute the following:
"While noting with concern an increase in the incidence of certain types of crime as revealed in the latest Reports of the Commissioner of the Garda Síochána on Crime, express satisfaction at the continued maintenance of the rule of law and its full confidence in the security forces of the State".
—(Minister for Justice.)

I could hardly believe my ears when the Minister in his speech last night gave the impression that there was no problem of any great proportion regarding vandalism in the streets of our cities and in the country generally. One could be forgiven if one felt that the Minister was completely unaware of the reality of the situation. However, the public outcry in relation to vandalism is enormous. I am sorry that the Minister has not yet arrived, but perhaps, his advisers could inform him of my comments. The "Community Scope" magazine of Lower Crumlin has an article which states that on Thursday 14th and 21st October two meetings of the Rathdrum Road residents were held in the senior citizens centre to discuss the problem of vandalism. Thirty to 40 people attended those meetings including myself, an inspector of the Garda and the area youth officer. As a result of those meetings a deputation was arranged to visit the Deputy Garda Commissioner on 1st November. The deputation was received by the Deputy Commissioner along with the Chief Superintendent for the Dublin Metropolitan area. He was co-operative, courteous and helpful, and assured us that an increase in the patrols in the area would be introduced and, as a result of that promise, patrols increased.

On the 9th November a question was directed from a backbench Member of the Government side to the Minister for Justice in relation to the undermanned strength of Sundrive Road Garda station. In the course of his reply the Minister said that it was contrary to established practice to give details of the arrangements made by the Garda authorities for the deployment of strength in an area. The Minister also said that special patrols were being introduced to deal with the problem of vandalism in the Drimnagh area. Sundrive Road would cover the Lower Crumlin and Drimnagh area. What disturbs me is that, as the Minister for Finance who represents the area knows, the outcry about vandalism in the area is so bad that I am wondering if this question was not prompted by the Minister, because following that question the next evening's papers were pretty full of what was being done as a result of questions being put down.

I can assure the Deputy that my concern for the area is constant and when in Opposition I received the same kind of replies as the Deputy has received.

The Minister denied that there was a problem of the extreme seriousness that we put before him last night. How many deputations have requested meetings with the Minister, deputations from groups of citizens, the Dublin City Council or other county councils throughout the country, and how many of these deputations has the Minister received? Is it not a fact that every day requests come into the Minister's office from citizens concerned about vandalism? Last night the Minister pointed out that there had been a decrease in crimes against the person. The Minister was talking about the rather large increase of 14.8 per cent, whereas the total crime rate has increased by 20.70 per cent. Of course, as the Minister said, we can play around with figures as much as we like. When the Minister refers to crimes against the person he is referring to 1,456 cases. There was a decrease of 253 attacks on persons. When we are talking about the increase in the number of crimes, that is a total of 48,387, and that was an increase of over 8,000 instances of crime.

Will the 500 gardaí the Minister has assured us we will get be distributed throughout the country or be kept in Dublin? If they are to be scattered throughout the country, they will not have any impact on the present crime rate in the city. Recently I asked the city manager how much in malicious damage claims have been so far decreed by the courts in the current financial year which will fall to be met by the ratepayers in next year's rates, and the city manager replied that since the 1st January, 1976, £807,954 in respect of malicious injury claims have been decreed against Dublin Corporation. Of this amount £191,000 was deemed to be caused by the use of explosives and could be attributed to the troubles in the North of Ireland. If these decrees are certified by the chief superintendent of the Garda the amount involved would be recouped by the Exchequer. Claims to the value of £600,000 in the city of Dublin alone from the 1st January to the end of September have come in. When the final figures are in, it will be well over £1 million.

Deputy Collins and Deputy O'Kennedy read extracts from the Garda Review. For the Minister's benefit I will read out some extracts from the November issue of the Garda Review which was issued today. Their editorial states that:

The report of the management consultants on the Garda Síochána should very soon, if not already, be in the possession of the Minister for Justice Mr. Cooney. We do not know who else will receive the report. We do not know whom the powers that be consider entitled to read its contents and findings. But we do know that up to the present moment none of the representative bodies has been officially appraised of its conclusions. The first thing to be said about the report, therefore, is that it ought to be made immediately available to the various interested parties. If it is to form the basis for the development of the Garda Síochána in the years ahead it must be a document which is available for full and open assessment.

The article goes on to say:

We have pinned much hope on this report. It is important to remind the authorities and the Minister for Justice in particular that they have promised much in consequence of this report. Very many of the burning issues of the past two years have been put aside by the authorities and allowed to go aside by the bodies on the understanding that they would be regularised in the light of the consultants' report. The quality and standard of personnel relations within the force, promotion and structuring of senior ranks, the proposals for the creation of a police authority—these are but a few of the basic and fundamental issues which now have to leap back from the filing shelves for attention.

If the report referred to is available I would appeal to the Minister to release it to the interested parties and to our spokesman on Justice. The Minister will appreciate that on every occasion that I have spoken here in the context of crime I have pleaded for the setting up of an intensive care unit to cater for the particularly bad type of vandal. The courts can do nothing about these young offenders and the Garda know that it is a waste of time to arrest them, that when they are brought before the courts the report from the assessment centre will be to the effect that the offenders cannot be accommodated. Consequently, they would be released again on to the streets with no respect for or fear of authority. It is time that the Minister thought of erecting whatever type of institution is necessary to cater for these people, an institution that would have a qualified staff. I do not know what is the figure in respect of malicious damage claims for the entire country but in regard to this city we are talking of a figure in excess of £1 million for this year.

One of the points I should like to impress strongly on the Minister is that because of the lack of enforcement by the Garda as a result of the many problems with which they are faced the public are beginning to lose confidence in them. Their problems relate to the cutback in overtime, to the fact that they are over-worked and have areas that are too large to cover with the numbers of men available. If there is this loss of confidence in the Garda there will be an end to democracy as we know it because the Garda have always been respected and regarded as the guardians of the peace. They are the protectors of the people.

There is another item in this community magazine in which the young people who compiled the publication have this to say in relation to the problem of vandalism. They are relating what one garda has had to say in this regard and I quote:

We put it to the guard that one of the reasons for this violence was the absence of the man on the beat. We asked them where they had gone. He then said that the main reason for this was the New Relief Shift—introduced by the Dept. of Justice. Another reason was the Security Situation in Ireland, and the overall reason was that there just wasn't enough guards to go round.

We know that to be the situation but while we are concerned about the overall security situation people are not safe to walk the streets of this city. I wonder what would be the Minister's reaction on finding, after being away for a weekend, that vandals had entered his home and set it on fire. Is he aware that when, for instance, windows are broken in a corporation house the tenant must pay for the repairs pending the decreeing of the malicious damage claim, a process which may take two or three years to complete? The sense of a lack of adequate protection in regard to our citizens is undermining the very fabric of our society. The Government by their foolish attempt to save money in this area are permitting the institutions of the State of which they are so quick to claim to be the protectors, to fall into disrepute.

Last evening the Minister told us that in raising these issues we were doing harm to the country, that we were creating a situation in which people would be afraid to come here. Yet, as Deputy Collins asked also, was it not this Government who declared a state of emergency and who applied for a derogation from the European Convention on Human Rights? The Minister for Foreign Affairs told us that that Act was merely technical but it will be interesting to hear the views of the European Convention on Human Rights when the matter comes before them for decision. The Minister told us that the predicted increase in crime is only 2 per cent. I do not know how one arrives at predictions of this nature.

I said that would be the figure if the nine-month figure were projected on a 12-month basis.

A 22 per cent increase in the wave of crime compared with the figure for 1974 is much too high. Of course the Minister is right in saying that our rate of detection is second to none. That must be so having regard to the size and the geographical location of our country. One cannot compare us with such countries as, for instance, the US, Canada, Germany or Belgium in which people can move into different territory by crossing borders. It is of little consolation to those people who are being persecuted to hear that our rate of detection is among the highest in the world.

On the day following Hallowe'en a constituent of mine contacted me by phone to tell me of an experience she had had the previous evening when a cider bottle was thrown through the windscreen of her car. This woman's husband went out and took a garden rake with which he gave a few thumps to some of the culprits of whom there were about 20 in all. The group then proceeded to throw bricks through the windows of the house knocking out every window. The Garda were called but they found it difficult to identify these rogues because of the darkness. A couple of days later the owner of the house replaced the windows but the vandals returned and knocked them out again. I wonder if the Minister is aware of what is going on or if he is so aware how can he tell us that the situation is not as bad as we portray it? It is no exaggeration to say that people in this city are living in terror. I have the utmost respect for the Garda who are trying so hard to fight against impossible odds but we must back them with the manpower that is necessary and with the overtime facilities that they require to carry out their duties. It is useless for a person to call a Garda station during the night to report a crime if there are only one or two men on duty there. All these gardaí can do is to dial the emergency code and request that a patrol be sent from the radio centre to the scene of the trouble.

In Dublin Corporation we are doing perhaps more than the Minister is doing in an effort to combat crime. At least we are leaving the gates of our parks open at night so that gardaí can enter these places quickly to confront cider drinkers who apparently are the ones who cause much of the vandalism. I understand that they are quite mad after drinking cider. In order to save gardaí the trouble of climbing over railings we leave the gates open.

Countless calls for the fire brigade and the Garda were received on Hallowe'en because of bonfires. Dublin Corporation considered the situation and said they would allocate sites where bonfires could be safely lit and this may well reduce calls of this kind. What I mean to convey is that in Dublin City Council we appear to be doing far more to combat crime. There is still a good relationship between the public and the Garda.

I should like the Minister to say if this is so: it has been said that the Garda Commissioner in going on what was called a whistle-stop tour of the country told gardaí that they should match their salaries with convictions. Is that true?

It is not true to my knowledge.

I am glad the Minister says that is not true because it is something that seems to be gaining belief. I sincerely hope it is not, but one has learned to query what the Minister said after his speech last night. Harassment of the public must be avoided at all costs but the Garda because of their limited number must be on patrol and on the beat in increasing numbers. The figure for the present strength of the Sundrive Road station given in the Minister's reply on 9th November was 42. The population of the Garda sub-district there is estimated at 49,000. Actually, it is far more than that, I can assure the Minister. When one allows for days off, sickness or anything else, this strength is totally inadequate, amounting to only a couple of gardaí available in any day, perhaps eight or nine —if that—to patrol an area. I do not know the actual figures.

I should like to know how many deputations the Minister has received, how many he has been asked to meet, how many times did the city council request a meeting and how many times he has been requested to increase the number of gardaí on the beat. I feel that he is neglecting his responsibilities at the risk of destroying the very fabric of our society.

We have appealed to the population to support the Garda. There is no use in a garda going into an area if people do not support him. Even in this magazine there is an appeal to the people to support the Garda. The article ends by quoting a reply from a garda who was asked what the ordinary person in Crumlin could do to curb the violence in the area. In his opinion, an increasing civic spirit would help greatly. By this he meant that if you saw anything out of the ordinary that in your opinion could lead to an act of violence, or if you witnessed any crime you should stand up and have the courage to give evidence. Many people will not give evidence. What good is it just to report a crime when the wrongdoer cannot be punished? This magazine is published by people in their 'teens. The will to co-operate with the Garda is there. We must not fail these people. We have a responsibility to see that the Garda are upheld.

I was reported when addressing the Rathdrum Residents' Association as asking for the co-operation of the people in actually helping the Garda to make arrests if necessary when they saw a garda under attack. Not long ago I thought I would have to come to the aid of a garda but he managed all right. He was surrounded by people screaming hysterically. I can understand the terror of a young garda on his own in such a situation not knowing who may hit him with a bottle or something. It was with that in mind that I made this appeal. The Government, and in particular the Minister for Justice, came under heavy attack for not providing enough gardaí in the area. That attack was not from me but from the people. The law of the country was also slated for not giving the citizens sufficient protection and offenders sufficient penalties. This is the feeling of the people who see offenders brought to court and released without any penalty imposed. Until the Minister wakes up to the fact that we need special institutions to take care of the particular type of offenders to whom I have referred we shall not see any improvement.

I should like to finish by paying tribute to the Garda and noting something said in another page of the November Review, something that is quite right. It relates to the drunken driver. The article is headed “The Peeler and the Goat”. It says:

It's strange, isn't it? Two or three deaths from drug abuse—in the sense that we use the term—and the papers are screaming. Parents are protesting and TDs in the Dáil are demanding action. But the weekly carnage on the roads where drunken drivers kill and maim is taken entirely for granted. It's even more peculiar when one considers that drug addicts generally only kill themselves while drunken drivers take the lives and the limbs of whatever unfortunate innocents they happen to meet on the road.

They also say that Irish attitudes to the drunken driver are nothing less than a national disgrace. "His crime is in some measure socially acceptable." I agree with that comment.

They also criticise themselves. They state: "The Garda Síochána have a lot to answer for. The drunken driver operates with virtual impunity because he knows the laws are seldom enforced. If the gardaí wanted they could catch thousands of offenders—wouldbe killers—but they do not. First they are afraid of the social consequences, that they will be in breach of the unwritten understanding that `people sometimes have a little more than they should'. Fortunately, that attitude is dying out in the Garda but there is the much more serious one of lack of manpower and lack of man-hours on traffic control."

I wish to support the Government amendment and, in effect, to oppose the motion in the name of Deputy Collins although I shall have occasion to recognise the relevance of part of the wording of that motion. I was not able to be in the House yesterday when this matter was debated but I have read a transcript of the debate and I have also considered reports and comments on it. I should like to mention one of these comments in this morning's Irish Independent by Mr. Bruce Arnold in which he makes the point that yesterday evening's debate was devoted to what he called simple, ugly, brutal crime and not to high-minded invective on subversion. I see of course what he means, my having read Deputy Collins's contribution in particular. Deputy Collins wished to concentrate the debate on what the motion calls the breakdown in law and order. He wished to concentrate on the area of what one might call non-political crime, general crime, and of course that is an area which is very important indeed. I am not minimising its importance in the least. No Dublin Deputy, or indeed other Deputies, will do so and certainly no Minister for Posts and Telegraphs in the present situation could do so.

Deputy Collins has the right and privilege to determine the emphasis of his own remarks. I would like in my remarks here to do a little to correct that emphasis because I think that we cannot distinguish between simple, ugly, brutal crime and crime committed for subversive purposes or by members of a subversive organisation for any purpose. The murder of Garda Clerkin at Mountmellick we would all agree was a simple, ugly, brutal crime. It may well have been also a subversive crime. Certainly no purpose of gain was to be achieved by the deliberate booby-trapping of a house in an attempt to murder people. We have reason to believe from claims made that the murder of the British Ambassador was a subversive crime. It was also a simple, ugly, brutal crime. The distinction cannot really be sustained. I am not suggesting that the particular commentator intends to make any distinction. I imagine he does not, but the reader of the line might draw that inference from it and I would like to reject that point of view.

One distinction between subversive crimes and other simple, ugly, brutal crimes is that in the case of the latter, the non-political ones, there is no tendency in society to condone. There is no tendency to idealise them. There is no tendency to minimise them. But all those tendencies can be found when we come into the area of political crimes. That is, however, a distinction in attitudes to crimes. I think the Minister for Justice will agree that as regards the crimes themselves it is often impossible, at least pending the apprehension of the perpetrators, to determine whether they are subversive, allegedly political crimes or not. For example, in an area which particularly concerns me there were 73 raids on post offices in 1973, 81 in 1974, 140 in 1975, and to date this year there have been about 110. How many of those raids were committed by subversives? How many by ordinary criminals, as it is said? I think there is no definite way of knowing in most of the cases concerned. Similarly, in 1975, £94,000 in cash and £206,000 in stocks were taken from post offices. How much of that money went to subversive organisations? How much went into pockets of private individuals? How much was shared out? Of course in many cases the perpetrators have not been detected and therefore the Garda unfortunately do not have the information. In some cases they may have their suspicions and in other cases where people have been arrested it is possible to know.

Before I leave that subject I would like to note again that the security situation in relation to post offices throughout the country gives me considerable concern as the responsible Minister in that area. I have met a deputation from the Postmasters' Union; I have been concerned with the improvement of security arrangements at sub-post offices and with the provision of financial assistance to sub-postmasters to instal various security devices, which I obviously cannot discuss in any detail, in their premises and protective screens and so on at their counters. I am, however, aware that there is no 100 per cent security under these conditions. I must say that, having visited a number of sub-post offices in the city and a few in the country also, I have the greatest admiration for postmasters and their staffs who are exposed to very considerable risks as the result of the criminal activities and the threat of criminal activities, subversive or otherwise. It does not much matter to the people who may be attacked and whose staff and family may be attacked.

There are other connections between subversive violence and other types of violence. The glamorising of the gun which has accompanied at all times subversive violence perhaps in recent years also helps on various forms of armed violence, if only by giving people the idea; by showing them that they can perhaps get away with this sort of thing, that there is a lot of loot going around and other armed men are getting it, and why should not they for their purposes? That has an effect. The enormous extra strain that armed subversive activities place on the Garda, on the Defence Forces and on the resources of the State is also relevant. Obviously, if there are fewer police available than we would like to deal with some categories of crime because those police have the task of defending the citizens from armed terrorists, then the other types of criminal will expect more scope and sometimes get it.

Deputies opposite have paid tribute to the security forces, and I recognise the sincerity of those who have spoken on that matter. That sincerity I think is common to almost everybody in this House. I would like to recognise in passing the international acclaim which the Garda won for their brilliant, patient, restrained and effective handling of the famous Herrema kidnapping, and to pay tribute also to what has perhaps been less recognised, the effectiveness of their police work in recovering a large body of incendiary bombs sufficient to destroy the whole of Dublin. The Minister for Justice said in his remarks and I quote:

We live in a state of emergency as the result of the existence of a subversive organisation dedicated to the overthrow of the State, an organisation being fanned by the conflagration that is taking place in the other part of this island.

I agree fully with that statement. Those activities are so fanned because the murderous activities in Northern Ireland get international publicity focused on them, and that publicity attracts money and that money strengthens the IRA not only in Northern Ireland but also here, unfortunately, in most cases. More than that, not merely are this organisation's activities fanned by the conflagration in the North, but those activities are also fanning that conflagration in the hope and with the purpose of engulfing this whole island, bringing about an emergency and a breakdown in law and order on a scale not yet known. They seek to use our territory both as a base for attacks on Northern Ireland and through these attacks, ultimately, at overthrowing democratic government in this State through creating chaos in this whole island. I have no doubt that that is their strategy.

I stress "ultimately" because they are a very long way from achieving that objective and we are not going to let them achieve it, but their thrust is that way. In the meantime their criminal activities endanger and oppress ordinary citizens throughout this country. They endanger them directly by their armed robberies, arson, use of explosives and their willingness to murder—examples of all of which we have seen not merely in Northern Ireland but in this territory. They oppress them directly by seeking to spread an atmosphere of intimidation and also by obliging the State to spend large sums in combating terrorism, money that might otherwise be devoted to social and productive purposes and which also, as has been pointed out has relevance to the crime level. They endanger our people indirectly in a host of ways, for example, by encouraging and emboldening ordinary criminals—I mean criminals with no political pretensions or pretexts—and simultaneously straining the resources of the police. At the same time, their activities in the North have the effect—and this is serious and may be serious in the future—of precipitating the so-called reprisals here by other equally criminal organisations of a different stripe based in Northern Ireland. The horrible carnage in Dublin and Monaghan in May, 1974, may have been precipitated in that way. Again, their activities shade off by degrees through real or pretended breakaway groups, through officially disavowed acts of violence and so on, into the world of all ordinary gangsterism.

I repeat there is no clearcut line that can be drawn between these categories of violence and crime. When I say "ordinary gangsterism" I mean gangsterism without political pretentions or pretexts. The non-political gangsters, who are neither better nor worse than the so-called political kind, benefit from the stimulation of their political colleagues, imitate their exploits, sometimes simulate their motivation and make use of the cover provided for them by the extra burden which the activities of subversive organisations place on the security forces.

Contemplating this situation I can understand how words like "breakdown in law and order" as used in the motion might spring to the mind. I agree with the Minister for Justice that these words are not appropriate to the present situation. Nonetheless, they have a certain relevance to it. I shall have a little more to say about that later when I come to consider those words more closely.

Deputy O'Kennedy, in an able speech yesterday, made the point that if the rule of law was being maintained and upheld to the extent that the Minister asked us to express our satisfaction with it, surely that repudiates the case made by the Government in introducing the state of emergency? He said also that the Government could not have it both ways. That is a neat debating point and, like many neat debating points, it can quite easily be stood on its head. If the Government cannot have it both ways neither can the Opposition.

It is hard to see how they can say there is a breakdown in law and order but there is no state of emergency. Surely a breakdown in law and order, if it were there, would be one of the more serious emergencies that could possibly exist, probably the most serious emergency in the State. There is no point quibbing. There is a real difference in meaning between these contexts, a real meaning in intent. "Breakdown" suggests, and is meant to suggest, failure of those responsible to meet a situation. "State of emergency" suggests a threat which the Government are determined to face. That recognition in the state of emergency is a real one. The Opposition have the right to make their political point which is intended to stress failure. The motion reads:

That Dáil Éireann condemns the Government for its failure to deal effectively with the breakdown in law and order.

In a way that is a rather courageous, perhaps even rash, motion for Fianna Fáil to put down. It invites the question "What breakdown in law and order and when did it occur?" I shall try to answer that question. I believe there was a very serious breakdown in law and order and that this Government are dealing effectively with the consequences of that breakdown. When did that breakdown occur? I think it can be dated with precision—16th August, 1969. On that date, according to the interim and final reports of the Committe of Public Accounts, Order of Dáil of 1st December, 1970, paragraph 20:

The Government at a meeting on 16th August, 1969 decided that "a sum of money—the amount and the channel of the disbursement of which would be determined by the Minister for Finance—should be made available from the Exchequer to provide aid for the victims of the current unrest in the Six Counties".

How were those powers, conferred in this rather extraordinary and mysterious decision on the then Minister, used? How was the money spent? Such part of the answer as is known is set out in paragraph 56 of the same report.

Of the £105,766 spent, £29,166 was spent on relief of distress, £34,850 possibly spent in Belfast on undetermined purposes, £250 on purposes possibly related to the relief of distress, and £41,499 was not spent on the relief of distress.

A possible clue to the moneys unaccounted for was supplied by Deputy Blaney, a Minister of the Fianna Fáil Government at the material time, in this House on 1st December, 1972, when he said:

Not only did circumstances bring the freedom fighters into existence——

"Freedom fighters" is his term for the Provisional IRA.

——but so did the promised support of help not just by one but by a lot of other people as well. The blame lies on me and a whole lot of others who helped to bring into existence shortly after, those who are now condemned as terrorists, murderers, the gunmen of the Provisional IRA.

There is the beginning of your breakdown in law and order, in the words of a former Minister in that Government.

The funds which the then Government authorised the Minister for Finance to take and use for aid for the victims in Northern Ireland were applied under his authority for some other purpose. He has never explained what it was. He has never explained what happened in that breakdown recorded here, one of the most serious breakdowns in law and order which has occurred in any western European State in recent decades. Until he gives a satisfactory explanation the shadow of suspicion which Deputy Jack Lynch once noticed on Deputy Haughey still rests on him undiminished. The suspicion is the suspicion of helping to cause that breakdown, some of the results of which we are still coping with in that criminal background which we are discussing here, the suspicion of helping the Provisionals to get started. These were the victims of unrest who got the taxpayers' money entrusted to him by that mysterious decision of August, 1969, and never properly accounted for or explained.

The Deputy who has that on his record is now back on the front bench of the party who have now the audacity to put down a motion complaining about a breakdown in law and order. A party with that Deputy on their front bench will never have credibility in the field of law and order as long as he remains there. It will never deserve such credibility as long as he remains there. A front bench with that Deputy on it is a security risk and I believe the country will tell that party so unmistakably in the next election.

I should like to support Deputy Collins's motion and in doing so I should like to refer to the report of the Garda Commissioner concerning crime in 1975. He said that the overall crime picture could only be described as disturbing with substantial increases in crime, first noted in 1966, continuing, with the exception of 1973 when there was a small decrease. He said criminals were becoming more vicious and mean. Attacks on old and disabled people in their homes, a type of crime practically unknown here some years ago, he said, was now on the increase. The Commissioner said that the use of firearms and other offensive weapons in robberies was becoming more widespread and menacing. The Minister must have known of this situation for some time but what has he done about it? The situation is appalling. There were 23 murders, eight attempted murders, four manslaughters and 153 armed and attempted robberies but what have the Government done about them? They have done nothing.

We have listened to a lot of baloney from the Minister for Posts and Telegraphs but he has not told us what the Government have done. It is unfortunate that this appalling situation has to be brought to the attention of the House by our spokesman. Our people have been subjected to that type of violence and institutional violence because of the inability of the State to take remedial measures to combat the distressing situation. The Minister told us that 500 extra gardaí will be recruited but it is a long time since this situation first came to light. We have often heard that the suspect is handcuffed but in this case it is the Garda who have been handcuffed. They are unable to do their duty because of the situation in relation to overtime. The public are calling for more gardaí on the beat.

We are all aware of the terrible tragedies that have occurred. Having read the Commissioner's report I have come to the conclusion that some of these statements are erroneous, they do not convey a true picture of the situation. In relation to sexual offences and rape the report records a very small number but we all know that people are being raped in this city, and throughout the country, in large numbers. They are afraid to report it on most occasions and in other instances they are unable to report because of the lack of Garda. There are other matters which are not covered in detail in the report. The only offences recorded are those reported to the few gardaí on duty.

The large scale unemployment that exists is responsible for much of the unrest. People are doing things they would not normally divert their attention to. As soon as the Government do something to divert the minds of individuals to work we will have fewer offences committed. If the Government are concerned about crime and its prevention they should do something concrete to relieve the unemployment situation. The Garda Síochána are doing their duties under difficult circumstances but they are impeded by the Department. They are unable to put the time needed in the detection of crime into their work because of the overtime situation. The decision of the Government to cut back expenditure put the country at risk. The Minister should wake up and take note of what the Commissioner has said.

Nothing has been done to remedy this situation. The promises given are not good enough. While it is necessary to continue to patrol Border areas the Minister should also consider that as a result of those patrols our cities and large towns are left without adequate police protection. Why should people be held up to ransom or put at risk by the Minister or the Commissioner in the distribution of the force? If gardaí are moved out of the cities and towns to the Border areas then the people in those centres of population are put at risk. That situation can only be improved by increasing the number of gardaí.

The situation at Sundrive Road Garda station was mentioned by Deputy Briscoe. When this matter was raised recently the Minister told us that there was 42 gardaí there to look after 49,000 people. Those gardaí work three eight-hour shifts and that breaks down to 14 gardaí per duty but gardaí do not work a seven-day week, they work a five-day week with the result that at any time in that area there are less than 14 gardaí on duty, possibly nine. Of that number some gardaí have to attend court, others are on office duty and others are investigating crime. How many gardaí are on the beat in the Sundrive Road area at any time protecting the 49,000 people?

I have attended meetings in that area in relation to vandalism and the development of crime. Superintendents and inspectors are sympathetic. They know the problem. They see it growing. They are anxious to help but they are handicapped by the Government and the Minister. The Government should make more money available to enable Garda patrols to operate. That would result in a reduction in the crime rate. A better solution would be to provide employment to enable people to direct their energies in a disciplined way.

I know the appalling situation that exists only too well. There are parts of this city through which people are afraid to travel even in broad daylight because of their fear of being robbed. The Minister and the Garda are aware of this appalling situation. What will be done about it? It is no use O'Brien talking the nonsense he did here tonight.

The Deputy will not be allowed to get away with referring to the Minister for Posts and Telegraphs in that fashion.

The Minister for Posts and Telegraphs—all right. The Government have collective responsibility and the Minister for Posts and Telegraphs shares that responsibility as does the Minister for Justice, the Minister for Industry and Commerce, the Minister for Labour and the Taoiseach. All are collectively responsible for running down this vital force. We demand that something be done immediately. It is no good promising something will be done in future. Something must be done now. The people must be protected. They must be enabled to move freely where they wish without fear of molestation. At the moment freedom of movement is curtailed because of lack of police protection.

Another big problem is drinking on the part of youths. The situation is a grave one. There are no police to check these youths. The problem must be tackled urgently. Deputy Briscoe mentioned the cider drinkers who have no difficulty getting "Johnny Jump Up" in the supermarkets. These youths use tablets with the cider to get high and they practically turn into drug addicts. They are a menace to society and nothing is being done about this menace.

The Minister must ensure people are protected. Parents are afraid to let their sons and daughters out after dark in parts of this city. It is no good recruiting 500 men and dispersing them throughout the country. We want adequate protection in Dublin and we want it now. If more men are needed elsewhere, then put them elsewhere, but do not leave this city and other cities denuded of gardaí. That only leads to an increase in crime.

We know the age groups and the crimes. The major increase in crime is in the age group 17 to 21. Over 21 there is also an increase in crime. These are the age groups demanding special attention. The gardaí take the names of children kicking football in the streets. Their energies should be directed into dealing with people causing major disturbances and committing crimes of violence. The larceny of motor cars has become very fashionable judging by the figures. It is a very serious situation because these drivers are neither taxed nor insured. Property cannot be left unattended for one moment.

We demand action now. The Commissioner tells us in the report that he is seriously concerned about the situation. Are the Minister and the Government seriously concerned? They do not seem to be. Wake up. It will be too late tomorrow. Wait until a couple of State cars are stolen. Then they will wake up. If the situation is not rectified immediately it will be too late. Every individual is at risk at the moment because of the failure by the Government to take the necessary remedial measures to protect the public.

I am concerned about the men and women in Ballyfermot, Drimnagh and Inchicore who are afraid to let their children out after dark. In these long winter evenings they are virtually prisoners in their own homes. Let us get back to normality so that people can safely walk the streets of this city after dark.

In this particular situation, and I would say this is the norm in this city and elsewhere, you have approximately nine gardaí and 49,000 people. Those nine gardaí have a multiplicity of duties. They are doing a great job in difficult circumstances. But what can nine gardaí do in an area like this? Some are engaged in office work, some investigating, some preparing cases and some on duty elsewhere. This very small section is doing a marvellous job. The Garda are criticised unfairly. Any fault there is lies with the Minister. The Minister knows people have gone to police stations asking for protection to enable them to drive their cars through certain areas. This is fact.

It is no good the Minister wailing like the Minister for Posts and Telegraphs. We are not concerned with what happened away back in 1937 or 1969 or in the Stone Age. We are concerned with the present and the future. If proper steps are taken now these problems can be solved. The sophisticated equipment needed for the detection of crime or for its prevention will cost money. Let the Government and the Minister make that money available now, thereby protecting our citizens against rape and robbery and so on. Public co-operation is needed. How often do we hear the Garda ask for public co-operation. Why do the public not co-operate? Because they are intimidated. There is no protection against intimidation. If people go to the barracks they find the station cannot send a man out. Must they go to a Garda station and then find that there is not a garda available to investigate a situation? The problem here is that there are not sufficient gardaí available. Every Friday night there is a series of robberies and attacks on people. Bus drivers refuse to take buses into certain areas because they cannot get protection. We must protect the public and the institutions and organisations that are prepared to do their job.

All of us are conscious of the problems in the Dublin city area. Deputy Briscoe and others have mentioned them. In putting down this motion, our spokesman on Justice has done a great service to the community and if the Minister is open-minded about the situation perhaps it will do a service to him also and to the Government. What we want is action to cope with the problem at the moment and to meet the appalling situation the Garda Commissioner indicated in his 1975 report, which has just come to hand. This report has been in the hands of Deputies for a few days only but the Minister had the information for some time. He was aware of the growing crime rate, he knew which areas were involved and he knew the age groups concerned. The Garda should be allowed to divert their energies into the real areas that matter. Let us leave aside the petty and minor items for the moment and examine the serious situation.

I wish to support this motion. I have received a large number of complaints about the lack of police patrolling in my constituency. There is no substitute for the man on the beat. What people in the city and in the suburbs want is the reassuring presence of the gardaí in their areas. Traders, business people and ordinary citizens are living in fear and if the Minister, as a result of this debate, does something about the matter it will be much appreciated by these people. Despite the promises of a law and order Government there is no law and order in this city.

This is the first debate we have had on law and order in the last six years and it is worth noting that it has been debated for only three hours. Many Members of my party wished to contribute to the debate. They had important things to say but, because of the time limit, they were unable to do so. It is interesting to note that no back-bencher from the Labour Party or from Fine Gael participated in the debate. For the record, I would point out that there was no Labour back-bencher present during the entire course of the debate.

I wish to deal briefly with some of the points made by the Minister for Posts and Telegraphs before I start my reply proper to the Minister for Justice. I respectfully suggest to the Minister for Posts and Telegraphs that the Labour Party Conference finished in Limerick last Sunday and he should have wound down by now. I suggest to him in all humility that his attacks on individual Members of this House, and his attack this evening on Deputy Haughey, was uncalled for and was unwarranted. If the Minister wishes again to test the credibility of Deputy Haughey, let him make an issue of it as he did in the last general election in the constituency he shared then with Deputy Haughey. Let the people there decide, as they did last time in a two or a three to one majority in favour of Deputy Haughey. I have no doubt that Deputy Haughey can well and truly look after himself.

The Minister for Posts and Telegraphs gave figures this evening of the number of raids on Post Office vans and on post offices for 1973, 1974, 1975 and 1976. In 1973 there were 73 raids, 81 in 1974, 140 in 1975 and 110 so far this year. I would ask the Minister how many of these vans were guarded? How many drivers had to travel lonely country roads at 4 o'clock or 5 o'clock each morning, completely open to the gangster and the gunman who had them at their mercy to relieve them of large amounts of money if they so desired? Did the Minister make the case to his colleague, the Minister for Justice, for armed protection for these vans? If he did make the case, he did not get that protection. It he had got it perhaps the number would not be as staggeringly high as it has been.

The same publicity should have been given to the amounts of money taken in these raids for subversive purposes as was given to the trip to America by the Taoiseach last March when he urged the Americans to stop sending money to the IRA. We all agreed with him on that. We want to stop their source of income but let us be honest about it. Let us make a decent start at home. I hope the Minister will be honest with us this evening, that he will tell us that the Cork train that was robbed of nearly £500,000 was not guarded. That train was not guarded. Armed guards had been on that train and on other mail trains up to the time the Minister, at the behest of the Government, withdrew the gardaí because they refused to pay them overtime. That is the truth and it cannot be denied. Security must come under scrutiny if we are to know exactly what it means and what it is worth.

Last evening the Minister referred to an extremely important matter. He referred to the possibility of a referendum to try to remedy the situation which exists at the present time with regard to bail. We know that many people who are out on bail commit crime after crime because they believe from their experience that they will get the same sentence when they come before the court for their just deserts. The Minister mentioned the referendum. I hope the Government have made a decision on this matter. I hope the Minister is more serious about this than when he promised to recruit the additional 500 gardaí last June.

I hope he will introduce immediately the legislation which is necessary to hold a referendum. If we are to have a six-month delay, as we had in the recruitment of the 500 gardaí we need so badly, then I say to the Minister, if the legal position which existed with regard to bail before the Supreme Court case in 1966 could be restored, it might be satisfactory. It was satisfactory prior to the 1966 court case. Perhaps the Supreme Court might have another look at the matter because since their decision in 1966 circumstances have changed and there might be no need for a referendum.

I believe the Supreme Court have already decided that they can reverse their decision on particular points of law and that they can modify the judgment on the question of bail. The Minister might do something positive about speeding up the courts. The backlog could be dealt with much quicker if he and the Government were serious about doing something about it. I am speaking personally at this stage because my party have not had an opportunity of discussing the matter fully. In the absence of any concrete proposals I cannot see general agreement being given to the Minister or the Government on the general restriction of bail.

That is not proposed.

I am glad to hear that is not proposed. The Minister will note that I have been extremely careful in my choice of words. I said: "in the absence of any concrete proposals". I checked through what the Minister said last night in the unedited version of the Official Report hoping that I might learn more of what he has in mind. In the meantime why not have more judges, and more courts if he is intersted in dealing with the backlog and in seeing that those out on bail get their just rewards?

The Minister last night went to great pains deriding my contribution to this debate. He greatly disappointed me. We hoped, in having a mature debate on the question of the breakdown of law and order, that we could enlighten the Minister. We hoped we would strengthen his hand in his capacity as Minister for Justice so that when he went to the Government and sat down with his colleagues he would have a stronger case to make to restore police work to what it was prior to the Government decision of August, 1975 when they cut back considerably on the amount of money available to the Garda Síochána to do their policing.

The Minister accused me of many things last night. I accept these accusations but I reject the truth of them because I told him not what I believe but what the Garda believe. I quoted from the editorial of the June Garda Review, a magazine produced by the Garda. I said that the Garda say they are being strangled financially by the Government. I also said that the Garda and the Garda Representative Body say that the squad cars are grounded instead of patrolling. There is nobody to drive them because the Minister and the Government are saying that they cannot pay them, or, worse still, they will not pay them. The public know this is true. I sincerely hope the Minister knows this is true.

There is no question, as Deputy Dowling said, of proper police work. The man on the beat, whom we all knew was so effective, is not there any more. If he is there it is only to maintain appearances in a slipshod manner. We gave the Minister the case of Sundrive Road Garda station where there are 42 gardaí and officers for 49,000 people, which is 14 officers and men for eight hours a day if they are allowed to work a seven-day week. They are not allowed do that because they would not be paid. Many of them would probably work for nothing if they were allowed. There are only seven or eight officers and men to look after 49,000 people fulltime. The Minister may sit, close his eyes and smile at me and say that I am deliberately creating a situation which might cause panic.

On a point of order, I hope I am not taking the Deputy wrong. He suggested I am not paying proper attention to him. I am hearing everything he says.

I am glad that the Minister is hearing everything I say. I did not refer to his hearing. I referred to his eyes and his smile, which is a very nice one.

It is possibly a bit much to ask me to look and listen.

I hope the Minister will hear far better tonight than he did last night. I say to him, now that I am sure I have his attention; "Put the squad cars back on the beat, allow beat tolerance to continue, let gardaí have the back-up service they need if they are to detect crime and deal with criminals". I ask the Minister if what Deputy Briscoe said is true, that each garda must report to his superintendent by the fourth day of every month the number of cases he has taken to court and prosecuted? If a direction has gone to the Garda that every garda must have five cases a week and if we are depending on the general public to co-operate with the Garda does the Minister believe it is proper, particularly in rural Ireland, in towns of 2,000 and 3,000 people, where there might be five or ten gardaí that 25 people must be in court every week, 100 a month or 1,200 a year?

The Minister is going the wrong way about it if he wants co-operation. He should face up to the fact that he is completely falling down in his job with regard to policing Dublin city and rural Ireland. He should do something about it while he has the chance. If he cannot he should leave office and there will be plenty to do something which should have been done long ago.

Amendment put.
The Dáil divided: Tá, 64; Nil, 57.

Tá.

  • Barry, Richard.
  • Belton, Luke.
  • Belton, Paddy.
  • Bermingham, Joseph.
  • Bruton, John.
  • Burke, Dick.
  • Burke, Joan T.
  • Burke, Liam.
  • Byrne, Hugh.
  • Cluskey, Frank.
  • Collins, Edward.
  • Conlan, John F.
  • Coogan, Fintan.
  • Cooney, Patrick M.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, Declan.
  • Creed, Donal.
  • Crotty, Kieran.
  • Cruise-O'Brien, Conor.
  • Desmond, Barry
  • Kenny, Enda.
  • Kyne, Thomas A.
  • L'Estrange, Gerald.
  • Lynch, Gerard.
  • McLaughlin, Joseph.
  • McMahon, Larry.
  • Malone, Patrick.
  • Murphy, Michael P.
  • O'Brien, Fergus.
  • O'Connell, John.
  • O'Donnell, Tom.
  • Desmond, Eileen.
  • Dockrell, Henry P.
  • Dockrell, Maurice.
  • Donnellan, John.
  • Dunne, Thomas.
  • Enright, Thomas.
  • Esmonde, John G.
  • Finn, Martin.
  • FitzGerald, Garret.
  • Fitzpatrick, Tom (Cavan).
  • Flanagan, Oliver J.
  • Gilhawley, Eugene.
  • Governey, Desmond.
  • Griffin, Brendan.
  • Halligan, Brendan.
  • Harte, Patrick D.
  • Hegarty, Patrick.
  • Hogan O'Higgins, Brigid.
  • Jones, Denis F.
  • Keating, Justin.
  • Kelly, John.
  • O'Sullivan, John L.
  • Pattison, Séamus.
  • Reynolds, Patrick J.
  • Ryan, John J.
  • Ryan, Richie.
  • Spring, Dan.
  • Taylor, Frank.
  • Thornley, David.
  • Timmins, Godfrey.
  • Toal, Brendan.
  • White, James.

Níl.

  • Allen, Lorcan.
  • Andrews, David.
  • Barrett, Sylvester.
  • Brady, Philip A.
  • Brennan, Joseph.
  • Breslin, Cormac.
  • Briscoe, Ben.
  • Brosnan, Seán.
  • Browne, Seán.
  • Brugha, Ruairí.
  • Callanan, John.
  • Calleary, Seán.
  • Carter, Frank.
  • Colley, George.
  • Collins, Gerard.
  • Crowley, Flor.
  • Daly, Brendan.
  • Davern, Noel.
  • de Valera, Vivion.
  • Dowling, Joe.
  • Fahey, Jackie.
  • Farrell, Joseph.
  • Faulkner, Pádraig.
  • Fitzgerald, Gene.
  • Fitzpatrick, Tom (Dublin Central).
  • Flanagan, Seán.
  • French, Seán.
  • Gallagher, Denis.
  • Geoghegan-Quinn, Máire.
  • Gibbons, Hugh.
  • Gogan, Richard P.
  • Haughey, Charles.
  • Healy, Augustine A.
  • Hussey, Thomas.
  • Kenneally, William.
  • Kitt, Michael P.
  • Lalor, Patrick J.
  • Leonard, James.
  • Loughnane, William.
  • Lynch, Celia.
  • Lynch, Jack.
  • McEllistrim, Thomas.
  • MacSharry, Ray.
  • Meaney, Tom.
  • Molloy, Robert.
  • Moore, Seán.
  • Murphy, Ciarán.
  • Noonan, Michael.
  • O'Kennedy, Michael.
  • O'Leary, John.
  • O'Malley, Desmond.
  • Power, Patrick.
  • Timmons, Eugene.
  • Tunney, Jim.
  • Walsh, Seán.
  • Wilson, John P.
  • Wyse, Pearse.
Tellers: Tá, Deputies Kelly and B. Desmond; Níl, Deputies Lalor and Browne.
Amendment declared carried.
Motion, as amended, put and agreed to.
The Dáil adjourned at 8.45 p.m. until 10.30 a.m. on Thursday, 25th November, 1976.
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