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Dáil Éireann debate -
Thursday, 6 Jun 1985

Vol. 359 No. 4

Estimates, 1985. - Vote 23: Office of the Minister for Justice (Resumed).

Debate resumed on the following motion:
That a sum not exceeding £17,030,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 1985, for the salaries and expenses of the Office of the Minister for Justice, and of certain other services administered by that Office, and for payment of a grant-in-aid.
—(Minister for Justice).

I intend to confine my comments on this Estimate to one matter and to direct the attention of the Minister for Justice to the need for immediate action in regard to it. I want to make the House, the Minister and, through him, the Government and the public generally aware of the totally unsatisfactory situation in which the relatives of the victims and the injured survivors of the Stardust tragedy find themselves today.

There is no need for me to remind most of the Members of the House of the horror of the Stardust fire, all the suffering, tragedy and unhappiness which was brought in its wake and the way it shattered a small local community. I want to tell the House, the Minister and the Government that today, four years later, the effects of that tragedy have not been dealt with. The debt which society owes to the victims has not been paid, justice has not yet been done.

I want to avail of this Estimate to ask the Minister for Justice and the Government to act to secure justice for this unique, desperately unhappy, unfortunate and neglected group of people. I have to say — and I am sure most people agree with me — that the plight of this group of citizens is a reflection on us all, on our legal system, on the State, on society and on our political institutions. There are two aspects to this matter and the Stardust relatives and their families are equally concerned about both of them.

I do not wish to interrupt——

I am absolutely in order.

I am perfectly satisfied that the Deputy is in order but he must be aware that the matter is sub judice. It is in order to mention delays but the merits of claims are not in order.

I am not going into the merits, but I am very grateful for your warning. One of the issues is the question of compensation to the victims and their families. The second aspect of the matter is the implementation of the fire safety recommendations laid down in the report of the tribunal of inquiry. I accept that you should not permit me to pursue the second aspect, although the relatives of the Stardust holocaust are very much concerned about that too. I ask the Minister, as a member of the Government, to take note of the fact that the crucial recommendations in the report are not yet implemented and that action should urgently be taken about it.

The second issue is that concerning compensation to the victims and their families and it is to that matter that I wish to direct the attention of the House. The question of compensation comes within the Minister's area of responsibility. I am sure that the great majority of people would be surprised and indeed horrified to learn that, to date, not one penny of compensation has been paid to any of the relatives or the victim survivors of the Stardust fire. Not alone have they not received compensation of any kind, but there is no immediate indication that compensation will be paid within the foreseeable future. Furthermore, many of these families are now being asked to pay a sum of £1,000 each on foot of costs. Most of us would have to accept that that is a total absurdity and it makes a mockery of our system of justice. This whole matter should have been settled long ago and compensation should have been paid by now, but instead of receiving compensation these unfortunate families and individuals——

I am very reluctant to intervene, but the Deputy might be giving the impression——

I am referring to the delay.

It is in order to mention delays.

I explained to the House that I am absolutely within the rules of order.

If the Deputy were talking about the delay in having the cases disposed of, that would be in order; but he is referring to the delay in paying compensation, which seems to be anticipating the result of the hearing.

I am glad you found it necessary to intervene to make that fine distinction; but, in deference to you, I will talk from now on about the delay in dealing with the cases and, as a result of the delay, paying whatever compensation would arise from a settlement of the cases. In the interests of justice, sanity and humanity, the State, through the instrument of the Government and the Minister for Justice, should act now through some of its agencies to deal with the absurd situation of these families.

Some families, in their desperation, have formed a committee to try to get to grips with the problem, and to go over the efforts which that committee has made in recent times is a study of frustration. They wrote to the Minister, the Attorney General, their own legal adviser, the li = "2" fli = "-1"President of the High Court and the Taoiseach and the result, so far, has been nothing but a complete run around.

The Minister will be entitled to ask me what do I suggest might be done at this stage. I should like to put a few proposals to him. I suggest that he accept in principle that he should act, that he should intervene. I am aware that in reply to a letter from a member of the committee he indicated that he did not think a meeting with the members of the committee would be appropriate. After due consideration I ask him to reverse that decision and to take this matter aboard as Minister for Justice, the person to whom we must ultimately look to secure justice for our citizens.

Secondly, I should like to point out that in the Estimate before us there are sums of money allocated for two specific purposes, £1.4 million for civil legal aid and £4 million for compensation for personal injuries maliciously inflicted. On the civil legal aid side I should like to ask the Minister to go carefully into considering whether funds from that scheme could be made available to enable these families complete these cases. That would at least get us rid of this absurd situation where families are now, four years later, being asked to pay out £1,000 instead of receiving money. One might as well ask some of the families for £1 million as ask them for £1,000. Certainly, none of them has £1,000 in reserve.

Another matter I should like to ask the Minister to look at is in regard to the £4 million provided in the Estimate for the criminal injuries fund. I accept that for these funds to go in that direction would mean a complete change around, it would mean dropping their cases in the ordinary courts and going before the tribunal but I should like to ask the Minister, having examined the matter, to ask some law officer to steer these families, without any access to private legal aid, through that tribunal as quickly as possible and get them the compensation to which they are entitled through that fund, if that is regarded as feasible. There is a precedent for that. The Minister will be aware that in the case of ground rents the county registrar is delegated by law to help people buy out their ground rents. I suggest to the Minister that he carefully consider some such mechanism for processing these cases through the tribunal for compensation for criminal injuries.

I may be asked if these cases would succeed before that tribunal. I do not know but I am aware that the report of the tribunal of inquiry did find that the fire was maliciously started. I understand that some individuals have taken claims for malicious injury against Dublin Corporation and succeeded on that basis. There is a prima facie case to go before the tribunal on the basis that the injuries were maliciously inflicted because it has been established, as far as I understand, that the Stardust fire was maliciously started.

Another approach I ask the Minister to consider — this is one very much favoured by the families and their relatives — is the question of establishing a special court or holding a special sitting of the High Court to deal expeditiously with these cases. The committee wrote to the President of the High Court and received a very courteous reply but within the parameters of the existing position there is very little he can do to help. That is the implication of the letter he sent to the committee. In the course of that letter he said that he appreciated the desire of the committee that their cases should be brought to a speedy conclusion but he went on to say that as far as he was aware no application had yet been made to the court on behalf of any of the parties in these cases to have a date fixed for hearing. I do not know how the Chair's sub judice ruling stands up in the light of that sentence but I will waive that point.

Once the writ is issued the matter is sub judice.

We will thrash that out on a less harrowing occasion than this. It is not relevant at this stage and I am not trespassing on the Chair's sub judice ruling.

I should like to point out that the sub judice rule is there for the protection of any and every litigant.

All I am concerned with — I know the Chair shares my wish — is that anything we do in the House should be to help and protect these families. The courteous letter which the President of the High Court sent to the committee seemed to indicate that as far as getting the cases dealt with quickly and expeditiously was concerned there was not a great deal he could do to help.

I suggest to the Minister that he look into the matter to see whether it would be possible to have a judge of the High Court set aside, or some special division of the High Court established, as a once off measure, to deal with these cases. The Minister, and other Deputies, may say that that would be a unique thing to do but it must be remembered that we are dealing with a unique matter. The Stardust tragedy was unique in many ways. It was unique in the size of the tragedy, in the number of people who died and in the extent of the injuries suffered by a large number of other victims. It was unique in that it was a tragedy concentrated on young people and on a small local community. It shattered that community. My appeal to the Minister is to treat it as unique and if, in order to get the cases dealt with quickly, there have to be some special arrangements, some special sittings, some special divisions or a special allocation of a judge of the High Court I hope he will not hesitate to introduce them. What is happening is becoming a scandal. It is becoming a reflection on us, on our society and, indeed, on our political institutions. Certainly, it is becoming a reflection on our system of legal justice.

Something must be done. In my view these people are entitled as of right to action. If the Chair did not prevent me saying so I would say that they are entitled as of right to compensation but I accept that I should not attempt to prejudge the cases in that regard. However, the people are certainly entitled to a speedy settlement of their claim. That is not happening. Just four years after the tragedy the position is practically the same as it was immediately following the occurrence.

I want to say to the House, to the Minister and to the Government, that the situation cannot be let linger any longer. This group of citizens, through no fault of their own, find themselves in the situation in which they are today. We cannot leave them there feeling bitter, disillusioned and, as they would say if you were talking to them, with a dreadful feeling that nobody cares about them, that the State does not care about them, that their own country has no interest in them or their fate. We cannot allow that to continue. I believe we owe it to ourselves in this Parliament and the legal system owes it to us as a community to take the situation aboard and deal with it.

If legislation is needed to deal with any of the methods I have put before the Minister, he knows he only has to ask us and we will put the legislation through in one day. There is no difficulty or impediment that would hold up the special type of court arrangements I am talking about, or access to the criminal injuries compensation fund or the civil legal aid fund that a Bill put through this House quickly cannot eliminate. The Minister knows it is only a matter of asking us and we will expedite any such legislation through the House. He will have our full co-operation if he introduces legislation of this kind.

I apologise to you, Sir, for perhaps taking up what many might regard as an undue length of time dealing with one specific matter on a general Estimate of this kind, but it does provide me and the House with an opportunity to act to remedy a very serious injustice in our society today. Many of the survivors are still ill or in need of medical attention; many of them are unemployed and some of them will probably never really work again; many of the families are very seriously underprivileged or barely above subsistence level; they are psychologically wounded and they feel helpless and abandoned. This is the sort of situation in which this House should intervene when a group of our citizens feel like that.

We often talk about making this House relevant to the current situation and to the people's needs and requirements. We often talk about making our democracy better. This is a case where this House can confound all its critics, can be seen to be responsive to the needs of the people, and particularly a deprived group. Once the matter is brought to our notice and the full tragedy of the situation is understood, this House, through its instrument, the Government, will be seen to act quickly and expeditiously to get this matter settled, to take this load off the backs of these families, to get them the compensation they may be entitled to and, above all else to get this horrible feeling of injustice and neglect from which they are suffering removed.

How many speakers will there be?

The Minister must get in at 4.30 p.m.

I would like to congratulate Deputy Hyland on the very fair speech he made this morning — I do not agree with everything he said — and on having refrained from making party political points. There was one issue on which I do not agree with him. He spoke of a sense of fear felt by many people because of this spiralling spate of crimes. While it is true that crime is at an unprecedented level, he turned around and made apologies for some of these criminals when he said unemployment was a reason for many of these crimes being committed. To a degree he is right. Unemployment is a factor but it can never be accepted as an excuse for people committing crimes. The majority of unemployed people do not commit crimes. Therefore I cannot and never will be able to accept that people commit crime because they are unemployed. Sadly, unemployment is a fact of life we will have to live with in the years to come. There are 14 million people unemployed in Europe and that figure is likely to climb as automation and technology continue to take their toll.

Deputy Hyland suggested that the greatest problem in the country was the abuse of alcohol and asked the Government to drop their proposals to extend the licensing hours. I would like to add my voice in asking that the Government drop that ridiculous proposal. One of the greatest problems in this country is the abuse of alcohol. There is something in the Irish character which is attracted to alcohol and we are paying a fearful price for it. The fastest rising statistic is the number of female alcoholics in Ireland, people who have ready access to alcohol through the various take-away outlets provided by supermarkets and so on. This has spread to school boys and school girls drinking at frighteningly young ages. There is hardly a family who have not been touched by the ravages of drink. Every Deputy will be aware of the problem associated with drink — battered wives, sometimes battered husbands, neglected children, hungry children, children who are deprived because of parents' addiction to drink. I fear the increased number of problems which will arise from extended licensing hours.

Allied to the alcohol problem is the drug problem which is in its infancy here at present but within the next ten or 15 years is likely to pose problems on a par with that of alcohol. For people who traffic in drugs, particularly hard drugs, no punishment is severe enough. I implore the Minister to ensure that all persons convicted of drug offences get no parole from jail and suggest that they be given hard labour. I could recommend another possible sentence but I know that it would not be implemented. People who traffic in drugs, causing terrible human misery for young impressionable people, should be shown no mercy. Those who traffic particularly in heroin should be given life sentences, again with hard labour.

There are many other problems associated with crime and the amount of £300 million is surely frightening. However, I would not quibble at any amount expended on fighting crime. The battle to restore law and order is being lost because of the liberal influences which have crept into society. Contrary to what other Deputies have suggested, it is not out of deprivation that people commit crime, but because of the prevailing affluence. It is a sad reflection on society today that the Government of the day, the Minister for Justice, the Garda authorities and prison officers are at variance with each other.

For some of the Opposition speakers to have suggested that the current spread of crime is in some way attributable to the present Government is ludicrous. This problem did not manifest itself over a couple of years. It has been growing for many years. All parties can be indicted with the exception of your party, a Leas-Cheann Comhairle, for their failure to recognise the problem in its embryonic stages. It has now grown into the greatest problem facing the man in the street. Crime and unemployment are the only issues. Social legislation is a non-issue except possibly in the media. The full resources and the strength of the Government should be directed to combating crime. Otherwise it will escalate out of all proportion and at the end of this century we will have horrific crime. I fear that the will to reinstate law and order is not there.

Several Deputies caused delays in the passage of the Criminal Justice Bill through the House over the last year. This Bill was something which the entire country felt was necessary. For the most part these Deputies were lawyers who are all absent today and none of whom has spoken. Perhaps they recognise that they were out of touch with reality and I hope that is the case.

Several Deputies advocated the growth of the community neighbourhood watch, but I am not too happy about that. It is the duty and the function of the Government to uphold law and order, through the agency of the Garda Síochána or, possibly, the Army. The community neighbourhood watch is not wholly desirable. It could lead to excesses and to extremists taking the law into their own hands. I would rather advocate the creation of a police reserve as a backup to the Garda Síochána. In that context, I congratulate the Garda Síochána on the excellent work they are doing. It is the politicians who are mainly responsible for the present sad state of law and order. They failed to recognise a growing problem and to take realistic action. That is the root of the problem, not the Garda Síochána or a lack of commitment.

I particularly congratulate the Garda Síochána in the Dundalk and Border region for the great work that they have done over the last 15 years in erecting protection, with the Army, for the Border town of Dundalk. Dundalk is a town of 27,000 people which has sadly suffered a bombing fatality, but only one, and which is again in possible danger following the lunatic comments in the Northern Assembly of men like George Seawright and George Graham. After the recent horrific killing of nine people in Newry, these men called for reprisal attacks on Border towns, specifically Dundalk. It is a great tribute to the Garda Síochána that Dundalk has come practically unscathed through the 17 years of savage fighting in Northern Ireland.

However, the Garda are not above criticism and would do well to accept constructive criticism. I suggest to the Minister that a six weeks' training period in Templemore for a boy of 17 or 18 years is entirely inadequate and after such a short term he is let out on the streets, possibly on his own, which is wrong. These young people should be given up to a year's training and be taught a certain amount of discretion and courtesy. Many of them lack those qualities. Recently I was involved, for the first time in my life, in an altercation in Drogheda in which three young members of the force showed a total lack of courtesy, not only towards me but towards the position I hold as Member of the Parliament in Dáil Éireann.

I deplore the £186 million spent in protecting the Border. I indict the IRA for causing that money to be spent year after year and in addition the terrible damage which they do economically to our country and in particular to my town of Dundalk. For 17 years until recently, Dundalk had not had investment because of its proximity to the Border. The amount of £186 million is a horrific sum for a country of our size, having a population of less than 3.5 million. This is yet another way in which these armchair Republicans are hurting this country.

The onus of security should be borne more heavily by Britain, who are the cause of our problems. Last Monday I had occasion to go out to Courtbane where an incursion by the British Army took place. The media described it as an incursion, but I would describe it as an invasion in which up to 40 or 50 armed soldiers came into County Louth to the extent of 400 yards within the Border. These then had the audacity to issue a statement that this was due to a map reading error. This is an insult to the Irish nation.

Hear, hear.

That at 11 o'clock in the morning almost a regiment of men only a few fields from the barracks of Crossmaglen would encroach to that extent and had to be stopped by the presence of four gardaí in a car is astounding. That they could claim it was due to a map reading error defies logic. The Border is clearly identifiable in that region as it is divided by the Courtbane River. That Scottish regiment have been resident for several months in the Border area and they knew exactly where the Border was situated. Yet, they came in in defiance of the Garda Síochána and our soldiers because they are not prepared to rely on Garda surveillance and they searched several derelict houses. As a result of what they did they alienated everyone living in that region.

One of the reasons why many young people are attracted to violence in the Border regions is because of the excesses of these people. I ask the Minister for Justice and the Taoiseach to take positive measures against a repetition of these invasions or incursions. They number over 90 in the past few years and they are not acceptable.

The only way to stop anything is to have deterrents. I am asking that these men be arrested and detained by the forces of law and order and charged in an Irish court of law. It is an offence in this country to carry weapons and if the law is to mean anything it must be upheld. These people should be charged in an Irish court. If that should happen, they would take bloody good care to ensure that they did not come in again.

The jails in this country are a matter that need examination. It is one area where politicians have been complacent during the years. They failed to recognise a problem that is now out of control. No Government, either Fine Gael or Fianna Fáil, had the foresight to see what was likely to happen and the prison building programme was not implemented early enough to ensure that prison accommodation would be available when needed.

The prisons I have seen are not my idea of a prison. When people go to jail having transgressed against society, they should be placed in spartan conditions, not in rest homes, guesthouses or grade 3 hotels. My idea of prison is a penitentiary where people are not ill-treated but where the going is so rough that when they come out of prison they make a mental resolve not to go back to jail. They should be treated reasonably well, fed three times a day and given a book to read. They should not be given sauna baths, snooker tables, colour television sets which they break up occasionally in riots or any of the so-called cultural requisites. I would not worry too much about providing educational facilities because most of the prisoners are recidivists. They return to jail and why not when they can avail of rest homes of the quality we are providing. There is an urgent need to continue with the jail building programme. We should not spare any money in this area. If every county needs a jail let us build them. However, we should have buildings where spartan conditions obtain and to which people will not want to return.

The jury system should be abolished. It is responsible for many of our problems. Most jurors have no experience of law and many have not the education necessary to make proper judgments. The jury system is archaic and should be abolished.

I support some of the points made by Deputy McGahon, in particular his strong plea to the Government to insist that our integrity as a nation be protected and vindicated. For too long British forces have invaded our territory. Even in my own period as Minister for Foreign Affairs this happened but not on the same scale as the recent event. These incidents were always excused as being map-reading errors or something similar. If we want to demonstrate to our own people that we have authority over and an obligation in respect of our own jurisdiction, clearly we must demonstrate to another Government that deliberate instances of this kind cannot be tolerated. If we do not do that our own authority will be undermined in the face of highhanded actions by the forces of another Government. I will not dwell on this particular incident any longer but I am convinced that the case referred to by Deputy McGahon — and he has considerable experience of this in his area — is not accidental. It is time we indicated that this kind of invasion of our territory will not be tolerated.

Whatever actions we take, whether it be police action, prison action or court action, they are no substitute for the development of standards and good conduct in society. That is the best guarantee of a good social order. In everything we say and do in this House and elsewhere the most effective and best approach is that based on decency and common concern for all our citizens. Only when we demonstrate that in everything we do, in our legislation, in our programmes and in what we do and say, will we get the kind of society for which our independence was achieved. I often think, was it for this that the Wild Geese fled, was it for this that the sacrifices were made, to have the kind of society we are talking about now? The people who gave us all our opportunities were people of deep conviction and human concern. They looked to the future to build a nation of which all of us could be proud. We have a long way to go.

Dealing with the symptoms of the problem is not enough: we will not solve it until we bring about a degree of social awareness and decency. Then, there will not be a need for the degree of punishment, imprisonment and the court sanctions we are witnessing today. There has been a serious and dramatic change in the entire social order. Unless those of us who are better off can demonstate our concern particularly for the old, the sick and the unemployed, we will not be able to promote the standards that are necessary and desirable. We spend all of our time here talking about additional gardaí, prisons and more punishment but at the end of the day we will not achieve the kind of social order and stability that is necessary.

In his speech the Minister said that poverty and social deprivation have a lot to do with crime and that by and large persons involved in crime come from underprivileged backgrounds. It is time we acknowledged that but that is not to say that everyone who is impoverished or who comes from an underprivileged background is involved in crime. It is to say, though, that the pressures which lead to crime arise from social deprivation. The most recent example of this was the horrific event in Brussels last week because to a considerable extent that derived from areas such as the north of England especially where there is no dignity because there is no work and where the only outlet is a rejection of authority. We must recognise that linkage and being to deal with the causes. For that reason the most important role of the Government is to try to ensure that for our people there is the dignity of work and the promotion of a proper environment in which to live and work. That is the best way, the only way of dealing with today's problems. Economic policies are essential but I shall not go into that in detail.

The Deputy would be out of order if he were to do so.

Suffice it to say that recent indications from the OECD and other organisations in respect of our tax system and all that area indicate that we are on the wrong track. I hope we will put matters right because otherwise we will be in these difficulties for a long time.

I suggest to the Minister that he refrain from using the word "thugs" when referring to offenders though one notes that that is the term used in this respect, too, by the Garda and the courts. The word is offensive. These offenders may be totally unacceptable to us because of their behaviour. Everything they do or say may be contrary to the standards we are anxious to promote but for a Minister to use such a rejectionist type term as this Minister has done not once but many times, is to invite further reaction and rejection of authority. The law exists to deal with offenders and once they have been apprehended and convicted they must be made aware that the programme to deal with them will be sensitive. Those of us who have had the privilege of education and of relative wealth should be very conscious of making any collective condemnation of offenders.

If at the end of the day there is not a proper penal system, the entire system falls apart. In recent times our penal system has been found to be totally inadequate. I do not regard the penal system as being a case merely of locking people behind doors and rendering them more socially inadequate than was the case before their conviction. Obviously we must protect society from people who are not capable of accepting their responsibility in society. That is the first obligation but equally we must do everything possible by way of education and rehabilitation programmes during the period of detention to make up for the deprivation that many of these people have suffered throughout their lives. Are we prepared to ignore the fact that there are some children who are born into a criminal environment, so to speak? Are we in our comfortable homes and with our comfortable families to judge as thugs those deprived children? The offences they commit may well be thuggery but as I am aware from my work in court, we should be careful before referring to them as thugs.

There are two facts staring us in the face in relation to the prison programme. I do not envisage that programme merely as the locking up of people behind bars. First, due to the very mistaken Government decisions that the Government have been taking since their return to office, more than 1,000 persons are being released prematurely each year from the prison system. That is wrong. It undermines the Garda, the courts and society. What is the point in apprehending offenders, putting them through the legal process and sentencing them if they must be released within a short time because of the lack of accommodation? That situation is unacceptable and must be corrected.

Because of the inadequacy of our prison accommodation, education services have been discontinued. That is shameful and should not have been allowed happen but in addition there are now multiple occupied cells which were intended exclusively to provide only single accommodation which is no longer feasible because of the lack of accommodation. It is not a fitting way to run the prison system. The problems that arise in that sort of situation are likely to render prisoners less adequate to cope socially on their release from prison than was the case when they were detained.

The Government deliberately halted an essential four prison development programme for which more than £15 million was being provided in 1982. I was Minister for Finance when we sanctioned that programme. I was convinced then in 1980 of the necessity for it. Perhaps that decision was due to inexperience or to a lack of awareness of the significance of the programme but we are now suffering the consequences. The four prisons were to have been at Portlaoise, Cork and Wheatfield. Two were to have been provided at the latter location but none was intended simply for the detention of people behind iron bars. They were to be much more than that, but to a considerable extent the money has been wasted. The original target was that the programme would be completed by 1985-86 and I am sure the Minister's officials will be able to confirm that but now we are talking about the possibility of the programme being concluded by the year 1989-90 that is, if it is proceeded with at all. That shortsighted decision to postpone the programme is undermining our courts, the Garda and the prison officers.

The Minister distinguishes between people released on parole and about whom the Garda and the courts are not consulted and others released by way of remission but about whom the Garda and the courts should be consulted. Regardless of whether we use the term parole orearly remission, people are being allowed out of prison early and not for any good social reason. They are being released early solely because the Government have failed to provide adequate prison accommodation. That is a terrible indictment.

I hope what I have said will be seen as recognising our first responsibility here, to get at the conditions that create crime and the pressures on underprivileged families particularly in a criminal environment. That is the first obligation. I hope we do that. If we reach the stage that we do not provide adequate custodial accommodation, which this Government have failed to provide, because of the dual impact of lack of employment and social depression of a kind that is unprecedented, we are almost guaranteeing that the conditions about which we now complain will become chronic in the foreseeable future.

I wonder could I have five minutes of the Minister's time.

If that is agreeable.

(Limerick East): Yes.

Deputy Haughey raised a very serious matter in regard to the Stardust tragedy that occurred just over four years ago. I want to outline briefly some matters I have noticed in recent years. Local authorities have made serious efforts to ensure that a tragedy such as the Stardust one does not recur. However, a number of dancehalls, discos and public places which people of all ages frequent still have their exits barricaded and locked. The Garda and fire officers should be more vigilant in this respect and attend a number of places where such functions take place, inspecting them while functions are in progress. The locking of such exits is a very serious matter. There will have to be serious action on the part of officers of the law to ensure that any public building the exits of which are locked or barricaded is immediately closed down. There has been one tragedy and there will be others unless action is taken to ensure that these places are inspected regularly by the appropriate authorities.

The other point I wanted to make is in regard to the discussions that have taken place in regard to the Garda Síochána. I notice that the report published recently mentions foot drill and "square bashing". It is important that there continue to be considerable discipline taught to the Garda. They need to be superbly fit and to have a sense of discipline. They need considerable physical training whether that be military style or otherwise. I must confess that I am not happy with their present method of training. A six month period of initial training is important, as is a year's probation, followed by a final period of six months which would probably be sufficient.

I might deal very briefly with the bringing of cases before the District Court. The Minister has made considerable progress in regard to the bringing of cases to the High Court. I am concerned at the serious delay in preparing books of evidence by the Garda Síochána and then by the Chief State Solicitor in cases being brought to the District Court. It is vital that there be greater expedition in the preparation of these books of evidence. This matter has been the cause of major controversy between District Justice Delap and the Director of Public Prosecutions and some cases have been struck off the list because of the failure of the latter to have these books of evidence prepared. The Minister will have to devise some method to ensure that such delays are obviated. But personal criticism of the Director of Public Prosecutions by District Justice Delap is wrong——

I ruled the Deputy out of order last week on that and he is still out of order.

Such personal attacks by a district justice are unjustified and wrong. This House will have to take a serious view of any district justice who continues to make such personal attacks. If they continue I shall feel obliged to raise the matter in the House and to have that district justice removed from office. It is totally wrong to have such personal attacks made on the office of the Director of Public Prosecutions. Nevertheless it is important that constructive efforts be made to ensure that books of evidence are prepared in time and cases heard in the normal course.

(Limerick East): I should like to thank Deputies for their constructive contributions to this debate. Their comments will be fully considered in the context of policy and in relation to the day-to-day operation of the work and services provided for in the Votes we have been debating. Certainly I shall take on board the constructive points made by many Deputies of all parties here.

It is a coincidence that I have been on Question Time for the last four days and that my Department's Estimate debate should occur now. In effect, most of the points that have been raised have already been dealt with in the very large number of questions to which I have replied over the last four days. I shall not go over the same ground again simply to fill in time.

I think the House is aware that my principal responsibilities are in the area of the Garda Síochána, the prisons and the courts but I also have responsibility for legislation. Deputies are aware of the commitments I have given on legislation, the legislation which has been passed and the state of Bills before the House.

I should like to comment briefly on crime prevention and then to go on to take up individual points made by Deputies. Finally, I should like to give an initial response to the very serious matter raised by Deputy Haughey this afternoon.

I have been saying for some time that we should concentrate more of our resources on crime prevention. In this respect I have used a simple enough argument but I think it is one with which most of the public would agree. Once a crime is committed there is an injured party, there is a victim, there is a car stolen, there is a house burgled. All the concentration of the resources of the State are then invoked to bring the offender to justice. The Garda are called to the scene, they investigate it, if their investigation is successful they prepare the book of evidence which is sent to the Director of Public Prosecutions, he issues proceedings, when the matter is taken to court, through the courts — there may be free legal aid or not — and eventually somebody goes to prison.

In the whole process of criminal law there are two things that are very striking and which are common to all offences. First, there is an injured party and there is a victim. Little can be done by the process of bringing the offender to justice to compensate the victim. Second, all the initiatives of the criminal justice system take place at very substantial cost to the taxpayer. Deputies will be aware from the global figure of the Department and from individual Votes that the Garda cost money, the courts cost money and the prisons cost money, a lot of money, and it is the taxpayers who must pay. If we could concentrate more of our resources on crime prevention we would have no victim, no injured party and we would not have the costly process of the criminal justice system. That is why I would like to advocate again in the House that communities, especially in urban areas, get involved in the new neighbourhood watch scheme which has been launched nationwide. I should like all of us to support the Garda Commissioner in his initiative in this crime prevention area.

There is tremendous merit in crime prevention. It is particularly effective and has been found to be so in dealing with the type of crime which is causing us most concern at present. For example, problems of attacks on old people in the west. The best method of dealing with that is that neighbours would look after neighbours, people would be aware of strangers in their locality, that there would be a system whereby there would be neighbourly community checks on old people to ensure that they are safe, that there would be a contact system built up through scattered rural areas where people live in isolated places. That will prevent it. This would be the case also in urban areas, where one of the main problems is that of larceny and burglary. There are certain houses which are more vulnerable than others. It is a matter of general knowledge now that if two people are out working their house is more vulnerable to a burglar during the day than if there were somebody at home. If somebody is living alone and he or she goes out, that house is more vulnerable to burglary. Houses in suburban areas or in semi-rural environments on the edges of cities — because of the general belief that they have more disposable consumer goods in them — are more vulnerable to burglars than other houses.

Neighbourhood watch schemes can identify the premises most vulnerable and the people most vulnerable. Neighbour helping neighbour in co-operation with the Garda Síochána can be effective in preventing crime. Deputy Hyland gave a commitment of support and co-operation in the fight against crime, and I welcome that. The Deputy spoke about the £11.5 million voted for prisons in 1984 and the fact that only £5.5 million was spent. The Deputy suggested that that indicated a lack of commitment. The fact that only £5.5 million was spent was not an indication of a lack of commitment to bring our prison accomodation up to planned levels. These sums related mainly to the prison in Wheatfield, which is on target. The money was not spent because certain contracts did not fall to be paid before the end of the year. It was intended to commence construction of a place of detention for male juveniles at Wheatfield early in 1984. In order to make the most of the good weather financial provision was made for a full year's building work in the Vote. In view of the need for more accommodation it was decided to construct an expanded plan which would provide 320 places rather than the orginal 150. This caused some delay because it was necessary to revise the working drawings and adjust the tender documents. As a result the contract was not placed until just before the builders' holidays. Large scale work did not commence until September and much less expenditure than anticipated arose. The work is on target and is due for completion towards the end of 1987. Perhaps the later start in 1984 will be more than compensated for by doubling the accommodation provided.

The James' Street project was referred to. I intended to acquire a residence used by the Christian Brothers in James' Street. There was local opposition to it and the property was withdrawn from sale. The project was not abandoned by me. The matter was taken out of my hands because the religious order involved refused to go ahead with the sale because of local opposition.

Deputy Hyland suggested that I am reacting to events in dealing with crimes which were a symptom and that I was not getting to the root causes. There is nothing to add to what I said in my speech this morning. I accept that there is a relationship between crime and people living in underprivileged areas, but while we are waiting for economic and social improvements we have to deal with the symptom. We must invoke the courts, the Garda and the prisons to deal with the criminal manifestations, whatever the root causes. I accept that we cannot ignore the root causes.

Deputy Hyland is opposed to the liberalisation of the licensing laws and referred to newspaper reports of 6 June regarding a submission to the Oireachtas Joint Committee on Legislation on the question of drink abuse and to the amendment of the intoxicating liquor laws. I intend fulfilling the decision taken by the Government in the national plan. I will give licences to high grade restaurants under certain restrictive conditions. I intend proposing to the Government that licensed premises should remain open until 11 p.m. on Sunday night all year round and that there should be some extension in June, July and August as outlined in the national plan. I do not know what the Government will decide on that but I am thinking of a modest extension in opening time. That is not the end of the matter. I have major proposals in hand for a Bill to amend the licensing laws which range over the whole area of under age drinking, clubs, endorsements and the whole area relating to drink about which representations have been made.

Deputy Hyland suggested that Garda manpower was being reduced in rural areas. It is not, but the numbers in the DMA have increased by over 600 in the same period. The numbers in rural areas are being kept up.

Deputy Walsh complained of a delay in the provision of a new station for Tallaght. The Deputy will appreciate that the provision of Garda stations is a matter for the OPW. The arrangements for the provision of a new station in Tallaght are at an advanced stage. I understand that the OPW have received tenders for the building of the new station and are processing those as quickly as possible and there will not be a delay in placing the contract.

Deputy McGahon referred to the idea of a police reserve. I do not have plans to establish a police reserve. I am concentrating on identifying tasks that can be performed by civilians.

I have dealt with the major points raised by the Opposition spokesmen. A number of other points were made which were dealt with during Question Time or in my speech this morning.

The matter raised by Deputy Haughey is the most serious matter raised in this debate today. We have tremendous sympathy for the victims of the Stardust fire and for Deputy Haughey, who I know was sincere in his contribution here today. The Deputy urged that special provision be made for the Stardust victims and their dependants and made three recommendations for examination — that I should accept the principle that I should intervene in the process of determining their claims for compensation; that I should re-examine both the civil legal aid scheme and the scheme of compensation for criminal injuries with a view to assisting them in steering their way through the procedures; and that I should, by way of legislation if necessary, bring about special sittings of the High Court to this end.

The matters raised by Deputy Haughey are not only complex but touch on fundamental issues of constitutional law affecting the separation of the Judiciary and the Executive. In the time available to me I can only undertake to have these questions examined as a matter of urgency. I should make it clear that this does not imply any commitment on my part. In the limited time since Deputy Haughey's contribution I have been informed that 219 writs in all were issued, 108 statements of claim were filed and that the State has delivered a defence in 79 of these. One case started in February of 1984 has gone through the process and a notice of trail has been received. If it were acceptable, and without commitment, that this would be seen as a test case for liability, that might be a way of expediting matters in the other 219 cases. I would ask Deputy Haughey to consider that. Both the Deputy and the House will appreciate that this is an initial response as I had very little time to get a detailed reply to the points made by the Deputy. We all share the Deputy's concern and we should bend our will and our minds to seeking to solve this problem because, as the Deputy pointed out, if all other systems fail this House is the last resort and the Government must be the instrument of this House in providing justice. I accept what Deputy Haughey said and hope that we can as a result of his intervention come up with some process which will expedite things for the people involved in litigation and which will bring them to justice in a shorter period than if we had not had Deputy Haughey's intervention.

Vote put.

Deputies

Votáil.

In accordance with Standing Orders the division will not be taken until Wednesday, 12 June 1985.

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