At the outset I should like to thank the Government, the Government Chief Whip and the Minister in particular for having made this arrangement to enable the House to discuss this very important motion. Indeed I might say that my attempt to bring it up in the House yesterday was largely to ensure that the House itself could provide some mechanism under which it could express its views on this situation at this time, as I think I said elsewhere, not in a party political way. Naturally, as Fianna Fáil spokesman on Justice I was very concerned with developments in the last few days in this respect. I am very glad to see this motion before the House.
In speaking in favour of the motion I should say I do so because of the widespread concern that has been expressed in recent times about the manner in which the laws passed by the Oireachtas here have been applied in the courts. Of course, as we all know, we are living in an age of rapidly escalating violence, vandalism, theft and crime. Daily we see the homes of citizens, their businesses, cars and the persons of citizens themselves being attacked, injured and vandalised. This is a matter about which I know all Members of the House are very concerned. Some groups and individuals seem to believe that they can ignore the Garda, the courts and the community as they go about their wanton and undisciplined ways. We see organised groups of criminals who prey on and entice our youth into a life of criminal activity. We have evidence of the existence of protection rackets in the Matt Jenkinson case. Here we have a brave man who was not afraid to speak out and who is now under the constant protection of the Garda. It is alleged that such rackets are being run in certain Dublin streets. I believe this is something all Members of this House would like to see stamped out of our society. Therefore, our full resources must be directed against those who organise and carry out such crimes.
We are also faced with an illicit drugs problem of alarming proportions. This problem has many ramifications. Quite often when one looks into the background of some of the cases which come before the courts, one discovers that there has been a drugs element involved, even in so far as it may have been just a case of trying to get the money to pay for the drugs habit. Last autumn we made available to the Commissioner of the Garda the resources to appoint a chief superintendent and additional members of the Drugs Squad. In our view this was a crucial step in pursuing and bringing to justice the purveyors of these offensive drugs. That step was taken because we, in Government, felt that dramatic action was needed as a response to the kind of problem we are at present witnessing in our society. Positive results were obtained quickly in increased seizures and prosecutions. But unless those who may be found guilty are prevented from carrying on this trade, through appropriate sentences, as a community we have no chance of overcoming this spreading cancer in our society. At one stage when the former Taoiseach, Deputy Haughey, inquired about the progress being made in this area, he was informed that five members of one notorious family were out on bail with all the freedom of activity that implied.
This indicates a situation about which we in this House must be gravely concerned. As public representatives we come across many instances of people who are brought before the courts for theft, housebreaking, car stealing, assault or other acts of violence and who are let out on bail. During this time they may commit numerous other crimes of a similar nature and end up with concurrent sentences. I have direct examples of these in my constituency, of people who are out on bail, are known to the Garda and are committing further crimes, particularly in the housebreaking area. Obviously, in these circumstances they are not unduly concerned when they set out to commit additional criminal acts.
There has been wide variation in the sentences imposed by different members of the Judiciary in recent times and this has caused grave disquiet among the public. Men who protested peacefully against their employers in the Ranks case were committed to Mountjoy jail. This is well known in the community. A thief who mugged and robbed a member of the Judiciary got what the public would regard as a stiff but appropriate sentence, given the rising level of such crimes. A young unemployed man who comes from my constituency who stole a purse containing £20 got a 12 month sentence and the judge appealed to the Minister to ensure that he served the full term. These are sad developments but unfortunately it is now necessary to make it clear that mugging and robbing will not be tolerated by our society.
In all these circumstances one can only regard as extraordinary the sentences which were given by Judge Gannon in the Fairview manslaughter case. In this instance five young men, acting as a gang, admitted to attacking and robbing numerous people in Fairview Park over a number of months last summer. They also admitted beating and robbing a young man which resulted in his death. The suspended sentences of one to four years have led to widespread concern.
In acting as a gang, according to the reports of the court as carried in the newspapers, they said they were acting as a vigilante group in Fairview Park. I know that the gardaí in that area carry out patrols in the park and I am convinced that if necessary they would step up these patrols, but as far as vigilante groups are concerned they cannot be tolerated in our society. I realise there are difficulties in relation to the level of violence and vandalism, but these have got to be tackled by the community in conjunction with the Garda.
In recent times this House has provided an additional 2,000 gardaí to strengthen the force on the ground in relation to these problems. We must make it quite clear in the House that vigilante groups will not be tolerated. An extra feature which arises in the reports of this case suggests that these young men were acting as a gang in clearing the park of certain kinds of people, minority groups of people. They claim that some of the people they were chasing or pursuing were homosexuals. This is another matter that we must take up very seriously. Whichever minority groups are concerned, they must have the full protection of the law and be clearly seen to have it.
While we are horrified and shocked at this development and regard it as most extraordinary, as most people in the community and the media do, we must appreciate that under our Constitution the position of the Judiciary is entirely independent of the Executive arm of Government. We have cherished this position over the years and I believe that in other circumstances we would be very anxious to maintain that separation, rightly so in the interests of the people. However, we as Members of the Oireachtas must be concerned with the manner in which the laws we pass are applied in the courts in the interests of the public. In passing these laws we, on both sides, debate them and we must be concerned subsequently about reviewing how these laws are applied by the courts. There is a heavy responsibility on us to assess the application of the law and to decide the improvements or new guidelines that should be introduced by way of legislation to protect the interests of citizens. Public confidence in the Oireachtas and in the administration of justice can only be maintained when justice is clearly seen to be done and the punishment is seen to fit the crime. The public are not always clear about the entire separation of the Oireachtas and the Judiciary and naturally they look to the Oireachtas to ensure that whatever laws are enacted will be laws which will work in practice and will produce the required results. As in the Fairview case, only the judge involved has the full information to make a decision. He must take into account the position of each individual before passing sentence or allowing bail.
It is important to realise that in this case the judge involved had the full information. It is not available to us at this stage and we are therefore at a disadvantage in relation to the detailed matters involved in this case, though the reports published of the statements made by the judge and jury make it quite clear that there are extremely serious elements to be considered.
Great attention has been given in recent times to issues involving the courts which are far less critical of our society today. The question of law and order in our communities must receive the Minister's full commitment. The elderly, the weak, the unprotected, and the ordinary citizen must once again be enabled to walk the streets and live their lives without fear of being mugged, robbed, beaten or raped.
We appreciate that all this is entirely in the field and at the discretion of judges under our system and under the Constitution. We must be very careful in this House, while expressing our concern at these events, to make it quite clear that we recognise fully the discretionary responsibilities of the Judiciary and their total separation from the Executive arm of Government. Perhaps the Chief Justice could bring more consistency into sentencing by making arrangements for a regular review at Judicial level. The Minister for Justice could assist by bringing before the House at an early date the measures which he would propose to strengthen the law in relation to bail and sentencing. The Judiciary could make administrative arrangements of their own in relation to the kinds of cases that have been occurring in recent times.
What we are seeking here is an urgent consideration of the arrangements which we could make through legislation to strengthen the law to ensure that the will of the people is reflected in the administration of justice.
These are issues which Members from all sides must endorse and support. There is a very heavy onus on us to ensure this will be the case. Citizens must once again be able to park their cars and enjoy the privacy of their homes without being attacked or set upon, and conduct their legitimate business activities without being robbed, vandalised or threatened.
The tragic case in Fairview demands urgent action from the Minister for Justice and the Government. The Minister must first review and assess this case and its implications and then take urgent action, especially in bringing legislation to the House. I would like to assure him that we as an Opposition will give our full support to the treating of this question in the Criminal Justice Bill as a national priority. We believe the questions which are raised in the Fairview case must be answered. We believe they must be dealt with by the Minister seriously. I recognise the position in which the Minister finds himself. Nevertheless, there is an onus on him to deal with the questions which remain to be answered so that the country as a whole can have confidence in the Oireachtas and in the way in which the law is applied. The nation as a whole is anxious to know what the Minister plans in this respect.
I should like to thank the Minister and the Government for giving us the opportunity to raise this very urgent matter. I believe all Members of the House will be concerned about the questions which arise from the Fairview case. I believe we will be able to find better solutions for the future and we look to the Minister to lead the way in this respect.