Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 13 Jun 1991

Vol. 409 No. 8

Criminal Justice Act, 1984: Motion (Resumed).

Debate resumed on the following motion:
That Dáil Éireann resolves that sections 4 to 6, 8 to 10, 15, 16, 18 and 19 of the Criminal Justice Act, 1984 (No. 22 of 1984), shall continue in operation."
—(Minister of State at the Department of Justice.)

Before the break I had the opportunity to speak on the motion regarding the Criminal Justice Act, 1984. I said that the Fine Gael Party and I support the motion. The motion deals with a large number of important matters that will affect the general public and the right of access to solicitors of persons detained at Garda stations. The motion also relates to necessary powers being granted to the Garda Síochána to investigate crimes brought to their attention that required investigation.

The Minister has presented a most interesting speech, a number of points of which I wish to comment on specifically. In October last, I raised a most important question on rural policing. A number of members of the Garda Síochána at different ranks in the Force were concerned over changes that were being considered regarding the structure of the Force in rural areas.

I wish to emphasise that the Fine Gael Party have at all times had a total commitment to the provision of the maximum numbers of Garda Síochána to serve the community in both urban and rural areas. We are also anxious to ensure that the Garda Síochána are provided with the most modern and efficient methods, equipment and technology to assist them in their fight against crime.

Policy decisions have at all times been a matter that we felt should be discussed publicly and openly. When I raised this matter in October last I was aware that in September 1990 a meeting on rural policing was held at Garda Headquarters with the then Deputy Commissioner McMahon. The meeting was convened to discuss plans for rural policing. Deputy Commissioner McMahon stated at the time that the four Border Garda divisions would not be affected. Dublin was also not being included.

It was further outlined that the following 12 districts were to be included in the proposed restructuring of Garda arrangements, Enniscorthy, Nenagh, Ballinasloe, Longford, Newcastlewest, Birr, Loughrea, Tralee, Killaloe, Kanturk, Midleton and Baltinglass. The existing two pilot schemes in Claremorris, County Mayo, and Thomastown, County Kilkenny, were to continue to operate. The start-up date for this new scheme was to be 1 January 1991.

Following my public statements, the Government recognised there was considerable opposition from the public to these new proposals. For the benefit of the House, it is of interest to outline the situation as it exists in the Claremorris and Thomastown pilot districts. Claremorris Garda station is open to the public 24 hours a day. Ballindine and Hollymount, which are in the Claremorris area, are open to the public for one hour a day. Ballinrobe is the area headquarters. It is open for two hours in the morning and one hour in the afternoon. Cong, Kilmaine and Shrule which are attached to Ballinrobe are open also for one hour a day. The situation is almost similar in Thomastown.

It may be of interest to the House if I read an extract from Garda News of November 1990, which deals with the operation of these pilot schemes in Claremorris and Thomastown and I quote from Sergeant James Cannon's article:

Under the scheme the local knowledge built up by a member in his own sub-district evaporates. Crime is not being investigated as it should be because the system does not allow for appropriate follow-up action. All contact with the general public is being lost and the lack of local knowledge is having an adverse effect on both the Force and the public. The opening times for stations do not seem to be in accord with public need. Patrol cars are being operated as a "taxi" service for the conveyance of members from one station to another.

Sergeant Cannon continues:

The main elements of the existing rural policing scheme are all Sergeants and Gardaí within an area are regarded as Area Officers and are detailed for duty in any part of the area. It is patently clear that a Garda travelling up to 20 miles in a police car from a Headquarters Station to open a rural station for 2 hours each day is ineffective, impedes efficiency and will not improve the existing service. It is difficult enough to get people to come forward to help the Gardaí and this situation becomes worse when Gardaí are distant from the local people.

It is also of interest to quote an extract from the President of the Garda Representative Association, Mr. P.J. Stone, from the Irish Independent of 8 May, 1991:

The proposed Rural Policing Plan was being foisted on the Force as another great solution to the problem of falling numbers of Gardai in towns and villages.

It is now the intention to give the impression of more Gardai in rural Ireland by giving the Force more mobility and having patrol cars travelling from town to town to open up stations for an hour a day so that an impression is given that Garda Stations are not closing.

"Now you see them, now you don't"—a Paul Daniels type of illusion.

Those are the words of the President of the Garda Representative Association, not mine. I am not politically motivated in quoting this. The people of Ireland have a right to know.

What is happening is that the Government are in fact foisting a major policy change on the Garda Síochána without affording the general public an opportunity of publicly and openly debating this major policy change. Garda management and the day-to-day running of the Force is a matter for the Garda Commissioner and the Garda Síochána. Policy and policy decisions are a matter for Dáil Éireann and for the people of Ireland to debate and to give a verdict upon.

I reject this cloak and dagger approach of the Government on this policy change. I demand that the veil of secrecy that is shrouding this issue, should be lifted.

The only way to combat crime in rural areas is to maintain and in fact increase the strength of the Force in rural areas, particularly nowadays when mobile criminals are moving from outside the cities into the country areas where they are striking terror into the heart of the elderly and the most vulnerable members of the community. Garda stations reduced to opening one hour a day are no answer to this very serious problem.

The Garda statistics for 1990 which are overdue for publication have not yet been published. In 1990, according to reliable information I have received, it is anticipated that there will be an increase in crime of 1 per cent nationwide and in 1990 there has been an increase of 6 per cent in the level of indictable crime outside Dublin.

If I am wrong, I will apologise to the Minister. However, those are the figures I have been given and I would like him to comment on them. The general public are entitled to know whether I am correct. It is a serious matter when crime in rural Ireland increases by 6 per cent. I wonder what is the delay in publishing these figures.

I queried the Minister of State at the Department of Justice on Thursday last in this House on the proposals that are on the desk of the Minister for Justice where Garda stations are to be open to the public for only one hour a day. I asked the Minister if it was not a fact that Garda management had submitted plans which effectively downgraded and reduced the hours of opening of many Garda stations in a number of areas across the country. This was denied by the Minister. In his speech earlier today the Minister stated "the Garda authorities have submitted to the Minister proposals for reform and enhancement of the rural policing arrangements".

The Minister said that there would not be a downgrading or closure of Garda stations and that rural stations and Garda houses would be renovated to encourage gardaí to reside in the communities they serve. The Minister has taken poetic licence in outlining the facts in this issue. The two pilot schemes in Claremorris and Thomastown indicate a reduced service in the towns and villages surrounding the district headquarters.

Comprehensive discussions have already taken place with the chief superintendents in each of the districts referred to by me with regard to the implementation of new arrangements for rural policing. The discussions have covered the reduction of services down to one hour per day in the stations concerned. If the opening hours of stations are to be reduced and if the numbers of gardaí employed locally are also reduced, I do not understand how there cannot be a downgrading of Garda stations. If this scheme is implemented, reduced services would be provided in 100 Garda stations throughout the country, and the future viability of the stations will be threatened.

This is the first phase affecting 100 Garda stations. It is generally believed by the Garda that if this scheme is fully implemented over 350 Garda stations would be affected. I do not see how gardaí are being encouraged to reside in the communities they serve when over 50 per cent of houses built for the gardaí have been sold or are in the process of being sold on the open market. Will the Minister confirm that I am correct in that?

Up to three years ago there were 960 properties comprising Garda stations and houses throughout Ireland. There were 367 married quarters attached to Garda stations, 407 National Building Agency houses and 195 houses in the grounds of Garda stations. I understand that the 367 stations with married quarters attached are being retained by the Department of Justice and that out of the 407 National Building Agency houses, 375 have been sold in the last few years to members of the Garda Síochána and their families and others to members of the general public. I fully support that. Of the remaining 195 houses in the hands of the Department of Justice and the Office of Public Works, 135 will be sold. I understand that a memorandum was sent from the Department of Justice to the Office of Public Works within the past month urging that these houses should be sold. Last Friday evening I listened to the Minister for Justice on television saying that Garda stations would not be downgraded and that the houses for the Garda Síochána would be refurbished and so on. A few minutes later in a local paper I saw two Garda houses for sale, one in Cloughjordan and the other in Ballingarry north.

These measures to reduce the opening hours of rural Garda stations and to downgrade Garda stations are policy matters and we should debate them here. The general public are entitled to be made aware of the facts. I will listen with interest to the Minister's reply. Certainly I and many people in the 12 districts referred to are very concerned about the future. The House is entitled to a detailed answer. I do not want any more of the bluff and bluster of the Minister for Justice. I want specific detailed replies.

I thank Deputies for their contributions since the debate commenced at noon today. I thank the speakers for their unanimous support for this important resolution. When passed by this House this resolution will allow the detention and related provisions in sections 4 to 6 and 8 to 10 of the 1984 Act to continue on an indefinite basis, as well as those provisions in sections 15, 16, 18 and 19 which concern the withholding of information regarding firearms, ammunition or stolen property and inferences that may be drawn by the court from an accused's failure to account for certain matters. In the time available I am not in a position to respond in detail to all the matters raised, but I will do my utmost to respond to as many as possible.

Deputy Barret suggested that Garda strengths are static or down in stations in his constituency. Garda numbers are up in Dublin and in the rest of the country, and our present recruitment policy will more than replace the number of gardaí who retired since 1987, or who are due to retire in the next few years. I see Deputy Barrett shaking his head. I am sure he will accept that when we left office in 1983 we had in position a recruitment campaign that had selected 2,000 young gardaí and that when his party left office in 1987 they had only slightly less than exhausted that——

Give us the numbers.

——number of recruits. Our commitment is total. Our recruitment continues and Garda numbers will be maintained.

Give us the numbers compared to 1985, please?

Coupled with the civilianisation policy which is now in full swing, we are putting more gardaí than ever on operational duty for which they were recruited and trained.

Deputy Barret called for the setting up of a criminal law reform commission. The Minister for Justice has no proposals for the establishment of a separate criminal law reform commission. His approach to the need for updating the criminal law is to deal with the matter on a systematic basis, affording priority to those areas in most need of review. In this, the Minister is assisted by the work of the Law Reform Commission who have published recommendations on many aspects of the criminal law and are currently reviewing other criminal law matters.

Deputy Barrett referred to white collar crime and to other sophisticated crime. The Minister on a number of occasions in reply to parliamentary questions indicated to the House that he accepts the need for updating our criminal laws and that he is doing a good deal about it with all the speed that the resources at our disposal allow. The Minister has before the House the Criminal Damage Bill, 1990, which we will debate next week. It proposes to replace the Malicious Damage Act, 1861, and penalises the unauthorised modification and assessing of computer data. Also we hope to be shortly in position to publish a Criminal Evidence Bill which will provide among other things for the admissibility of evidence in criminal matters relating to business and computerised records. We will also be introducing a Bill to provide for the seizure and confiscation of the proceeds of drug trafficking and other serious crime and the prevention of money laundering. As to the area of the law dealing with crimes of dishonesty, the Larceny Act, 1990, which Minister Burke initiated, updates and refines the law on receiving. The Law Reform Commission are at present conducting a comprehensive review of the law on other aspects of dishonesty and their report, when published, will receive our early attention.

Since assuming office as Minister for Justice in July 1989, Deputy Burke has promoted a number of other important Bills to deal with modern day crime. The Firearms and Offensive Weapons Act, 1990, for example, provides for very strict controls on the carrying of offensive weapons and effectively bans stun guns; and the Criminal Justice (Forensic Evidence) Act, 1990, provides for the taking of body samples for DNA and other forensic tests. This record is clear evidence of progress in updating the area of the law referred to by Deputy Barrett.

Deputy Barrett also referred to juvenile justice. The Minister for Justice is concerned to develop programmes and initiatives which will help to prevent young people from becoming involved in crime, to guide those who have slipped into crime back to a law abiding lifestyle and to assist the rehabilitation of those young people who have entered the custodial system administered by the Department of Justice. To this end the Minister initiated an ongoing review of the juvenile justice system within his Department. I will very briefly outline some of the progress made. A national office to supervise the service was established last December, juvenile liaison officers were then put on a seven day roster to facilitate evening and weekend working. The length of time spent with and the number of visits made to young people on this scheme will be varied to reflect the extent to which continuing supervision is required on an individual basis. Work is also at an advanced stage in new procedural guidelines for the operation of the scheme's cautioning and supervision system and a new training curriculum for juvenile liaison officers is being put in position.

Based on a pilot project developed by the gardaí in St. Patrick's Teacher Training College, Drumcondra, and carried out in Tallaght in 1990, a Garda schools programme which aims to develop positive attitudes towards law enforcement and the gardaí is now in operation in 14 Dublin schools. It will be extended to Limerick, Waterford and Cork in the near future.

The probation and welfare service, with local Garda support, are actively involved in the implementation of community based programmes designed to effectively deflect youngsters from law breaking. Already three specialised remedial projects have commenced at Cherry Orchard and in the Coolock-Darndale area of Dublin and in South Hill, Limerick. Other measures being taken are the assignment of extra probation and welfare officers to areas where the incidence of crime is high and the utilisation of the resources of statutory and voluntary social agencies elsewhere.

With regard to those children and young people whom the courts decide must be committed to custodial institutions, the position is that the provision of special school accommodation for boys under 16 years of age and girls under 17 years of age is a matter for the Department of Education. My colleague, the Minister for Education, Deputy O'Rourke, is providing additional accommodation at Lusk, County Dublin. These places will come on stream very shortly. Young offenders over those ages are, for the most part, detained, in the case of males, in St. Patrick's Institution and Wheatfield; and in the case of females in the Women's Prison, Mountjoy. Wheatfield is a very modern facility where emphasis is placed on education and work training for young offenders. An extensive programme of refurbishment at St. Patrick's and the Women's Prison is under way which will upgrade the facilities in those institutions.

A juvenile justice Bill, to replace the Children Act, 1908, is also being prepared in our Department and will be introduced in due course. To ensure maximum co-operation between the Departments which have responsibility for the welfare of children and young persons—Health, Justice and Education —all work in these areas is being co-ordinated by an interdepartmental committee under the chairmanship of the new Minister of State at the Department of Health, Deputy Flood.

Deputy Barrett referred to the need for proposals in relation to the victims of crime. I was pleased to announce earlier this week that the Minister for Justice had made provision to increase the grant-in-aid by our Department to the Irish Association for Victim Support from £8,000 to £12,000 in the current year, an increase of 50 per cent. I was also happy to state that we have made arrangements to provide accommodation in the Four Courts complex to enable members of the association to advise and support victims before and during court hearings and to provide a waiting room for victims awaiting commencement of court proceedings. In future, such waiting room facilities for victims and witnesses will be taken into account when designing new court accommodation. Indeed, this has already been done in the case of the Children's Court complex at Smithfield in Dublin.

The association have requested provision for court compensation orders in favour of victims of crime. The Minister for Justice was happy in that regard also to inform the association that provision is made in section 9 of the Criminal Damage Bill, 1990, currently before the House, to enable the court to require a person who has been convicted of damaging property to pay compensation to the owner. The Bill also provides that where it is appropriate to impose a fine and to make a compensation order but where the means of the offender are insufficient to pay both, the court may give preference to compensation. I am sure Deputy Barrett will be pleased to hear that.

Concerning injuries suffered by victims of crime, the Law Reform Commission have been asked to examine whether there is a need to revise or update the law on offences against the person and their report, when received, will be examined in due course. The question of empowering the courts to order compensation to be paid to victims injured in the course of crime will be considered by the Minister for Justice in conjunction with his examination of the recommendations the commission make on the law relating to offences against the person.

Under the scheme of compensation for personal injury criminally inflicted, which is funded through the Department of Justice, a total of £6 million was provided for payment of awards of compensation in 673 cases by the tribunal in 1990. I am glad to have this opportunity to compliment the Association for Victim Support for providing a valuable service to the public. I had the pleasure of doing so personally when I accepted this week the association's proposals for a charter of rights for victims of crime on behalf of the Minister for Justice and the Department.

Deputy McCartan referred to section 6 (4) which makes provision for the case when a person is detained between midnight and 8 a.m. The necessity for this provision arises from the brevity of the period of detention permitted, a maximum of 12 hours, and the consequential difficulties which could ensue for the Garda arising out of late night arrests having regard to existing instructions and the rules relating to oppression. It provides mechanisms for ensuring that time is not running against the gardaí while the suspect is resting. Under the subsection the member in charge of the station is able to authorise suspension of questioning between midnight and 8 a.m. to give the detained person a reasonable time to rest. The subsection provides that the consent in writing of the detained person is necessary before questioning may be suspended. This takes account of the possibility that the person might prefer to have the questioning continued. In order to suspend questioning, the member in charge must give the detained person a written notice for which he must sign a receipt, specifying the time the notice is given and the time up to which questioning is suspended. The giving of the notice, which requires the detained person's consent, stops the clock; any period during which questioning is suspended does not count as part of the permitted six plus six hours detention period. The effect of this could be that a person might be held in a Garda station for up to 20 hours if, for example, questioning was suspended for the full period between midnight and 8 a.m.

It would negative the powers of the Garda almost entirely if they had to deduct a period of eight hours sleep from the permitted period of detention. Even if the rest period was counted as part of the detention period, it would not improve the quality of the surroundings or encourage sleep. Under Garda instructions a suspect must not be questioned for more than four hours at a stretch after which he must be given a break for rest and refreshment. If the period from midnight to 8 a.m. was reckonable and if regard was had to breaks in questioning as well as time spent travelling to the Garda station after arrest, the Garda could find themselves in the position of having effectively not much more than four hours for the investigation of a very serious offence.

The provision for suspension of questioning is intended to operate as much for the benefit of the detained person as for the Garda. If something like this had not been included, the criticism could have been made that the powers of detention were oppressive. Only one notice must be given suspending questioning. This precludes the possibility of abuse through the use of repeated suspensions and resumptions of questioning.

Deputy McCartan referred to sections 15 and 16 and the obligations they contain to provide the Garda with information in certain circumstances. There is a number of similar provisions in existing law relating to the withholding of information. Section 2 of the Offences Against the State (Amendment) Act, 1972, provides that where a garda has reasonable grounds for believing that a person whom he finds at or near the scene of a scheduled offence has knowledge of the offence he may require the person to give an account of his recent movements. Section 107 of the Road Traffic Act, 1961, makes it an offence not to give information about the identity of the driver of a vehicle involved in a road traffic offence.

Deputy McCartan suggested that the regulations for the treatment of persons in Garda custody were cumbersome. Those regulations provide for the first time for a statutory code of practice to be followed by the Garda in dealing with persons in custody. Previously the Garda instructions were confidential. They deal with such matters as the conduct of interviews; conditions of custody; notification of parents of arrested juveniles and the presence of a parent or, if not available, some responsible adult while a juvenile is being questioned. Responsibility for seeing that the regulations are observed has been placed on a single identifiable member of the force, that is, the member in charge of the station at the material time.

The aim of the regulations is to ensure that the Garda at all times act with integrity and with respect for the personal rights of persons in custody, particularly any of them who may be under a physical or mental disability, and their dignity as human persons, while complying with the obligations to ensure their safe custody and continuing to act with diligence and determination in the investigation of crime and the protection and vindication of the personal rights of other persons. I am glad to say that in their report the Martin committee stated "the information which we have received from defence solicitors is to the effect that, without exception, the member in charge takes his responsibilities seriously and ensures meaningful compliance with the regulations." That is satisfactory.

Deputy McCartan called for the expansion of the criminal legal aid scheme to include visits by solicitors to persons detained in Garda stations. There is no provision under the criminal legal aid scheme at present to cover such visits. All fees and expenses paid under the scheme are payable only in respect of the period after the defendant has been charged in court. This matter was raised during the course of the debate on the 1984 Act. The then Minister for Justice said that there could be no question, in the prevailing circumstances, of the State paying out of public funds for the services of solicitors in these circumstances.

The matter was examined by the Martin committee. They said that attractive though the idea of a duty solicitor may appear at first sight, they were less than sanguine as to its operation in practice. Their considerable reservations in relation to such a scheme arose from the wording of schemes in England which had collapsed through lack of support from solicitors. Moreover, many of the experienced defence lawyers who assisted the Martin committee through written and oral submissions left the committee "in no doubt as to the Committee's total lack of faith in the effective operation of such a scheme" in this country. As a result, having considered the matter fully, the committee concluded, on page 45 of their report, that they were unable to advise the setting up of a duty solicitor scheme. The committee noted the offer made by the Association of Criminal Lawyers to operate a pilot scheme in a limited number of Garda stations without seeking remuneration for their services but no scheme has so far got off the ground.

The Minister will not set it up.

Perhaps other initiatives need to be taken also. Some Deputies referred to the operation of the Offences Against the State Act, 1939. That Act permits the Garda to arrest and detain for a period of up to 48 hours persons reasonably suspected of having been involved in the commission of certain offences — offences created by the Act and offences under the Explosive Substances Act, the Firearms Acts and the Malicious Damage Act, 1861. Suggestions were made that the Act is too widely used but I should point out that in 1989, the latest year for which figures are readily available the number of detentions under the Act was 2,040. This compares with a figure of 7,410, in the same year for the number of detentions under the 1984 Act. The 1984 Act has an important bearing on the operation of the 1939 Act and this fact may not have been fully appreciated by Deputies. The importance of section 9 of the 1984 Act is that it applies to persons detained under section 30 of the 1939 Act various safeguard provisions which are contained in sections 4, 5 and 6 of the 1984 Act, and these include the right of access by a solicitor and the requirement that the taking of photographs and fingerprints must be authorised by a Garda superintendent or a higher officer.

Moreover, section 10 of the 1984 Act contains specific safeguards against rearrest and detention for the same offence. Under that section a person is not liable to be arrested again for the same offence unless it is for the purpose of charging him with the offence immediately or the Gardaí receive further information and a district justice authorises the rearrest. This restriction operates in relation to the use of section 30 of the Offences Against the State Act where a section 4 detainee is released because in order to detain that person under section 30 he would have to be arrested and, accordingly, section 10 would apply. A person who is arrested for an offence under section 30 and not charged cannot be detained under section 4 for the same offence or for an offence of which he was, or ought reasonably to have been suspected at the time of the initial arrest. Finally, as regards the 1939 Act I should mention that the treatment of persons in Garda custody regulations made under section 7 of the 1984 Act apply to all persons in Garda custody, including those detained under the 1939 Act.

Deputy McCartan proposed that there should be further reviews of the operation of the 1984 Act. This Act does not provide for continuing reviews. Nevertheless, the statistics which I circulated with my speech, in respect of which the Deputy was complimentary will continue to be collected. I can assure the House that my Department will keep the operation of the 1984 Act under review.

Deputy McCartan referred to the Garda Complaints Board. The major improvement in processing arrears, largely due to the additional staff assigned to the board at the end of 1989, resulted in the embargo, to which the Deputy referred, being lifted in February this year. The Minister for Justice informed the Dáil on 27 November 1990 that there were 1,013 complaints on hand of which approximately 126 were from pre-embargo days and that the true arrears figure then was about 750 complaints. The figure was obtained by substracting from 1,013 the number of complaints received in the previous four months, that is the time it takes for a complaint to go through the system. At present there are 662 outstanding complaints and the true arrears figure is 483. Therefore, there are 267 fewer complaints now than there were about six months ago. The Minister for Justice and I are pleased that in a situation where the staffing resources are still not fully satisfactory the board have managed to reduce arrears by over one-third in a six month period. As I said in my introductory remarks, the Minister for Justice is still actively pursuing the question of providing further staff for the board and the necessary financial provision has been made in this year's Estimate.

Deputy McCartan referred to the provision in the Criminal Justice Act relating to electronic recording. It was audio recording, that is, sound only, which was being considered at the time the Criminal Justice Bill was enacted. Audio recording was in operation on a trial basis in some other countries at that time, including the United Kingdom, to which the Deputy referred. Research was carried out by the Department of Justice and the Garda Síochána in relation to those trials and the type of recording equipment which might be used. However, in view of developments in technology some countries which had introduced audio recording during this period are now trying out video recording on a trial basis. As I indicated in my opening speech, the Martin committee also considered the question of introducing audio recording which would cost substantially less than video recording but they came down in favour of the latter. We are now in a position to avail of the experience of other countries in relation to both audio and video recording and to ensure that any system introduced takes account of the lessons learned in other countries. We must most certainly make the best use of scarce financial resources.

When will the pilot scheme go ahead?

I have not that information to hand, but if the Deputy tables a question I am sure we will put the information together for him.

I asked the question earlier on.

I am doing my utmost to cover everything.

The Minister is doing very well.

The Minister is avoiding all the difficult questions.

The Minister of State should not be encouraging interruptions.

I certainly never would.

We have the number of the Garda strength and we have not the resources of the Department behind us.

The Deputy can be certain that the strength of the force is being maintained. Deputy Barrett referred to the drug trafficking problem and the measures being taken both in this country and in the European Community to combat it. The position is that extra gardaí have been drafted in to deal with the drugs problem and this morning approval was given for the appointment of a detective inspector to the drugs squad.

With regard to the measures being taken to ensure that the European Community will not become a haven for drug trafficking after 1992, a point Deputy Barrett referred to also and which I agree is a very important matter, it is receiving the ongoing attention from the Ministers for Justice of the European Community, and high level departmental and European officials and police officers right across the member states. The Ministers for Justice at their meeting during Ireland's Presidency of the EC in Dublin last year agreed and subsequently published a programme of action in this matter. The programme of action contained a detailed list of measures designed to protect the citizens of the European Community when the internal borders are removed. This programme includes measures in relation to crime in general and terrorism and gives particular attention to drug trafficking. Very intensive work is being carried out to give practical effect to the measures proposed and these are subject to further detailed consideration by the Ministers for Justice at their meeting which is taking place today in Luxembourg. I refer Members to a reply which my colleague, the Minister for Finance, Deputy Reynolds gave to a question tabled by Deputy Spring on 22 May last in relation to the compensatory measures which will be taken by customs authorities and other law enforcement agencies to combat drug trafficking as a result of the removal of the frontiers within the Community at the end of 1992.

Deputy Barrett referred also to car burning in his constituency. On 9 June a youth was charged in respect of several of these offences. The House will appreciate that I cannot comment further in this regard as to do so would prejudice the rights of the accused but it is to the credit of the Garda that through their intelligence network and their vigilance they have at least been able to apprehend one person.

Deputies also referred to the need generally for reform in the criminal law area which is very clear. A number of important Bills have been enacted recently. I mentioned earlier the Prohibition of Incitement to Racial, Religious or National Hatred Act, 1989, the Larceny Act, 1990, the Criminal Justice Act, 1990 — to abolish the death penalty — the Firearms and Offensive Weapons Act, 1990, the Criminal Law (Rape) (Amendment) Act, 1990, and the Criminal Justice (Forensic Evidence) Act, 1990. The Criminal Damage Bill, 1991, is before the House at present and will be debated next week. During the past few days the Minister for Justice presented to the House the Courts (No. 2) Bill, 1991 which inter alia allows district court summonses and summary cases to be served by post. He hopes shortly to be in a position to publish a Criminal Evidence Bill which among other things will provide for the admissibility as evidence in criminal matters of business and computerised records and a Bill to provide for the seizure and confiscation of the proceeds of drug trafficking and other serious crimes and the prevention of money laundering. He will also be bringing forward proposals to amend the law relating to certain sexual offences including homosexual offences and to amend the law in relation to criminal insanity and to replace the Children's Act, 1908. By any standards this is a very impressive programme of reform and the Government's record is clear, and in particular the commitment of both the Minister for Justice and the Department of Justice to ensuring that we play a key role in reforming the law is absolute.

Deputy Barrett referred to the increase in the number of break-ins to houses in the Shankill area. Both I and the Minister for Justice are concerned about any increase in crime in any area. Deputy Barrett and Deputy Hillery expressed their concern when they brought this matter to my attention. However, experience has shown that an upsurge in particular types of crime occur on occasions in particular areas. The Garda authorities monitor the problems and adjust and adapt their strategies to meet changing crime situations. For obvious reasons I cannot say what the Garda strategy is in dealing with these problems but I have had discussions with the Garda authorities and in particular with some Garda officers in the Deputy's area about the problems experienced and I am satisfied they are taking all the necessary steps to deal with the situation. The overall position is that the decreasing trends have continued nationally since 1984, as I outlined earlier, in crimes such as attacks on the elderly, which are down by almost 90 per cent, residential burglaries, down almost 20 per cent, unauthorised taking which is down approximately 45 per cent, and larcenies from persons, down about 23 per cent.

And armed raids, which peaked in 1986, were down by 33 per cent in 1990.

Break-ins are up 15 per cent already in the Shankill area.

I do not understand how anybody could be so dismissive of the factual statistics from the Garda Síochána, and particularly Deputy Barrett.

Will the Minister give us the 1991 figures.

They will be published and then we can analyse and debate them.

Will they be published before the local elections?

Local electionitis is not worrying me.

Let there be no barracking.

It is very hard to hold your tongue, a Leas-Cheann Comhairle.

An Leas Cheann Comhairle

It is a matter of discipline and constraint.

The overall level of crime is 14 per cent less than it was when the crime problem peaked in 1983. With regard to the Dublin Metropolitian area, the level of recorded indictable crime decreased by approximately 8 per cent in 1989 as compared with the corresponding figures for 1988, and provisional figures indicate that the level decreased in 1990 by a further 3 per cent.

There was a decrease in crime from 1983 to 1988 but it increased in 1988 and it is back up again in 1990.

An Leas Ceann Comhairle

We do not treat the House as if we were playing cards and having a chat across the table. We are listening to the Minister's reply to the points made.

We are concerned that he is not producing the figures.

You will have to avail of some other opportunity of correcting whatever you regard as inaccurate.

The situation in the Dublin Metropolitan area is being very closely monitored by the Garda authority and a number of measures are being taken by them to deal with the specific problems in that area. These include the use of additional patrols and check points and for the deployment of Garda resources to meet the special requirements of particular areas. In addition the Garda are continuing to encourage and promote community involvement in crime prevention activities such as the neighbourhood watch schemes. The Garda authorities are satisfied that these measures are proving very effective and we are very happy with that.

I listened with great interest to the final contribution from Deputy Enright. He said that the Government were forcing new arrangements for policing rural areas on the Garda authorities under a veil of secrecy. I thought that Deputy Enright, as a member of the legal profession, always acknowledged that first he is a public representative, and I am sure he would be the first to admit that we cannot continue to operate the system of policing what was there over the decades and centuries. Indeed I have to compliment both Deputy Barrett and Deputy McCartan on their outstanding contributions this morning. I cannot quibble with their contributions, they were positive, detailed, and of the highest quality. Deputy Barrett, in particular, acknowledged the new type of criminal and the new situation which people find themselves in. If we are to be complimented for anything it is surely for effort and innovation. We must ensure there is a new policy of making 24 hour cover available to all the people both urban and rural. That has been the theme of the many contributions made here today. I want to set the record straight. As I stated in my opening address, the Garda authorities have submitted to the Minister proposals for reform and enforcement of the rural policing arrangements. Deputy Enright has referred to this and this contradicts the allegation that the Government are forcing a policy on the Garda authorities. Nothing could be further from the truth. I want to repeat, there will be no closure or downgrading of Garda stations. The Minister for Justice, Deputy Burke, has said it on numerous occasions and I said it in this House. I say it again on his behalf and on behalf of the Department of Justice and the Garda Commissioner.

With regard to consulting local people in the areas affected, full consideration will be given to any views conveyed by interested parties, including those referred to by the Deputy. The Garda authorities already engaged in full consultations with the Garda representative associations before putting their proposals to the Minister.

Deputy Enright referred to the sale of Garda houses. Many of them were vacant for some considerable time and were falling into disrepair. Many of the houses were located a considerable distance from the Garda stations concerned and were provided at a time when gardaí were not in a position to purchase their own houses. Times have changed very much. Garda houses which are being retained, particularly those attached to stations, are being refurbished so as to encourage gardaí to live in them within their own area. I was delighted to have responsibility for implementing the decision, following an ongoing battle by the Garda associations lasting over decades to be allowed to purchase the houses in which they lived. The Government took a decision in 1988 in the interests of security that only Garda houses which were detached from stations would be sold. Members of the Force who occupied those houses would be given first option to purchase. If the member occupying the house was not interested, members in the station would get the next option. If none was interested, the house would be sold by public tender.

There is no point in taking out of context what has been said by the Minister for Justice or me or statements by the Department of Justice pertaining to this matter. Where accommodation is attached or adjacent to a station, money has been allocated for the upgrading of that accommodation. A voluntary option is being given to gardaí in the various districts to live in those houses. I attended a meeting in the midlands last weekend at which a Garda sergeant volunteered, after consideration, to take up one of those options. A number of these houses are strategically located in rural areas. We want to ensure that the gardaí live in the community in which they work and that there is a co-ordinated approach across Garda districts, areas and divisions in maintaining 24-hour cover. We want to ensure maximum mobility and the maximum back-up of computer and other technological resources. Criminals who are finding the vigilance of the Gardaí too much for them in urban areas will find that the 24-hour cover in rural areas will ensure that they will be detected and apprehended there as well.

I trust we have put the matter in context and I sincerely thank all those who have made positive contributions.

The plan should be published. It is a matter of public interest.

I thank the House for the unanimous endorsement of this motion and I am confident that it will continue to play a key role in ensuring that law and order is maintained.

Question put and agreed to.
Top
Share