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Dáil Éireann debate -
Wednesday, 16 Feb 1994

Vol. 438 No. 8

Private Members' Business. - National Bureau of Crime Statistics Bill, 1993: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

There is no doubt that crime and its control is a problem which has increasingly affected our society. While the increase in the crime rate during the past 30 years or so is a cause for grave concern, the change to the nature of crime is a source of even greater worry. Extremely violent crimes have become much too common. We seem to have an increasing number of heartless criminals, who show little or no respect for their fellow citizens, irrespective of age, sex, health or status. In many ways these developments are due to changes in social behaviour patterns which are outside the control of the legislative process. While some people may feel that too much unqualified respect was automatically given to the institutions of Church and State in the past, the reverse trend has become increasingly the norm for a certain percentage of our community. The task of effectively reducing the level of crime in our society is enormous and significant success will only be achieved through a concerted effort involving every sector of society.

As chairman of the Select Committee on Security and Legislation, I find it extremely encouraging that the legislative components of the fight-back against crime continue to make substantial progress. The Minister and her staff deserve particular credit for the steady stream of legislation which continues to come before the House.

I fully agree with the overall objective of the proposed Bill in that it acknowledges the importance of accurately measuring the level of crime. If one does not have comprehensive and accurate information on the precise incidence and nature of crime it increases the difficulty of planning effective responses to the problem. This relates to both the reactive and preventive aspects of crime control. I fully support the concept that we must continually strive to obtain a greater insight into the pattern of crime.

I should have stated at the outset that I wish to share my time with Deputy Joe Costello.

I am sure that is satisfactory and agreed.

Research and policy formulation go hand in hand in law as in most other areas of human endeavour. I am puzzled that Deputy Mitchell should consider it necessary to establish another data gathering facility in order to provide such a service in the State. In the past the Garda authorities may have had limited access to the information technology and expertise which is absolutely necessary to extract meaningful statistical information from their records. However, tremendous improvements have been made in the level of information technology used by the force and there is every indication that the trend will continue for the foreseeable future. We must be fully supportive of such initiatives and any proposal indicating a lack of confidence in the Garda's own potential in the use of information technology should be avoided at this time. However, I support the view that the Department of Justice should call on external expertise such as that provided by the Central Statistics Office, if this is required to optimise the analysis of crime data.

Most aspects of modern enterprise can only benefit from the combination of various sources of expertise. As well as allowing for a more effective operation it also has the considerable benefit of avoiding the bureaucratic problem of duplication of services.

The Bill is concerned with the measurement of crime. However, the Garda Síochána record all crimes brought to their attention either by victims or by persons who are charged with a criminal offence. This can happen when a person being charged asks that other crimes be taken into account. If we look at the Garda Commissioner's annual report or the reports of the prisons we see a vast array of statistical data which has been collected. The problem appears to relate more to the analysis of that data and the correlation of information available to the Garda, the courts and the prisons.

Another aspect is the extent to which crime goes unreported. The proposal contained in Deputy Mitchell's Bill will not help to overcome this problem. In this regard, we have to consider what is a crime and what should be recorded. For example, how many people, who regard vandalism as a crime against property, would report to the Garda if their car aerial was broken? The official figures record crime reported to the Garda. The information is available and what we need is a more comprehensive analysis of the statistics and also consideration of the causes of crime. The analysis of available information is being tackled by the Minister and I look forward to the outcome of the discussions taking place with the Central Statistics Office and the deliberations of the study group.

Top class research is absolutely necessary if we are to begin to significantly turn the tide of crime which, unfortunately, seems such an intrinsic part of modern developed society. The admirable objective of Deputy Mitchell in attempting to further the case for research might be better served by suggesting specific information needs which are not being met by existing annual reports, such as that prepared by the Garda Commissioner. I am sure the relevant research teams would appreciate any constructive comments on the nature and format of further useful statistics on crime. I am pleased to have had this opportunity to make a brief contribution to an important debate.

I welcome the debate on this issue and compliment the Deputy on the amount of activity he has engaged in since being appointed spokesperson on justice. Another indication of the well researched contributions he has made is the National Bureau of Crime Statistics Bill, 1993. This matter is notoriously difficult to deal with.

The compilation of statistics, their accuracy, the speed or tardiness in producing them, their presentation and value is a matter which the House should debate at length to see if we can improve upon the present method of compiling statistics in the various sectors of the criminal justice system. It can be infuriating when considering annual reports from the Garda Commissioner and the prisons to find that statistics do not correspond or to find that certain information is not available in the statistics. The compilation of statistics from the courts, the prisons, the Garda, the probation and welfare service should be approached in an integrated fashion. Accurate statistics and a standard approach to their compilation are essential to proper forward planning to deal with crime, vandalism and lawlessness.

The Bill proposes to establish on a statutory basis a national bureau of crime statistics to measure the levels of crime, to report on them and analyse them on an annual basis and to produce interim reports that might be required from time to time from various sectors of the criminal justice system. The Bill proposes that persons and records should be brought before the bureau for examination. That is a very specific function to which I will refer later. The Bill also makes provision for the bureau to examine and report on existing authorities that compile annual statistics — the Garda Commissioner in relation to crime statistics, the Department of Justice in relation to prison reports, the Probation and Welfare Service and the courts services from where, unfortunately, the statistics are inadequate and patchy in the context of cases coming before the courts and cases that have been dealt with by the courts. We can improve the production of the statistical information which is necessary for any society to deal in a comprehensive fashion with crime.

I am concerned about the provisions of the Bill and I am sure Deputy Mitchell is anxious to explain some of its provisions. I am concerned that the bureau would have an overlapping function because already there are services in the criminal justice system with responsibility to provide statistical information. I am not sure that an independent bureau would have access to the wide range of information required to do the job comprehensively. No matter which way we look at it, the bureau would be seeking information that is already there in the system in the courts, the prisons or the Garda Síochána and those agencies have to produce the information on an annual basis.

There is a proposal in section 7 (2) that the bureau may compile its own statistics whereas in section 7 (1) it will report on and examine existing services who are providing statistics. There is a certain degree of confusion. Either the bureau does the job or it does not. If the bureau is to do the job while at the same time supervising the others who are at present doing the job, we will have a parallel system and that would not be of any value to us.

I am also somewhat concerned about section 5 where the bureau shall have the power to send for persons, papers and records to assist in carrying out its functions. That is very good in theory but I am concerned that we are setting up a form of tribunal and we will find ourselves in a role that could become very public and involve the expenditure of much time and money and consume a lot of the time of the agencies already dealing with crime prevention and with solving crime. I am worried that the bureau would become something of a quango on the one hand or a star chamber on the other and that should not be part of the function of any bureau as it is not directly instrumental in the compilation of statistics. What we are talking about is a scientific approach rather than an adversarial approach.

Another question relates to how the bureau would do its job independently. I am trying to image how it would have better access to information than the access already there. I have to be convinced about the establishment of the bureau in the manner proposed here.

It is important to have an integrated system which would cover the courts, the Garda and the prisons with the best technology available. In this day and age all the records should be computerised. It is ridiculous to consider that the annual prison report is by and large compiled from manual records and that there is not a computerised profile of every prisoner in the system. I would imagine that that would be a basic requirement to deal effectively with the people in the domain of the Department of Justice. That is not the case and the work is done manually. I am sure that is part of the reason why statistics in any annual prison report do not correspond with those in other relevant reports. I have gone through such reports dozens of times and I have yet to find an annual prison report that is anyway close to being accurate in relation to statistical information.

I suggest as a first step that we need a unitary system that encompasses all sectors of the criminal justice system. People need to be trained in compiling information so that statistics are presented to those for whom they are intended. There is nothing worse than jumbled statistics which are not presented for any purpose one can imagine. Above all, we need to ensure accuracy. In order to achieve coherent and accurate statistics one needs a system using the best available technology. My approach would be to improve the present system rather than setting up an alternative bureau. I am pleased the Minister for Justice of her own initiative has set up a study group to seek to coordinate all statistics in her Department. I hope this will be carried out along the lines I have suggested. The Minister has to be complimented on her policy to publish promptly the 1989, 1990 and 1991 annual reports — previously we had to wait for up to four years — and we now await the publication of the annual reports for 1992 and 1993, which she promises will be published shortly.

Unless statistical information is made available immediately, it becomes outdated and irrelevant. There is not much sense in spending time, energy and money in gathering statistics if they are not subsequently made available at an early stage. The delay in publishing the annual reports of the prison service is notorious. In addition, the information is poor and the elapse of time between events that are recorded and their eventual publication is quite unacceptable. I hope the Minister will continue as she has started so that from now on we can expect the annual report of the prison service to be published shortly after the year end. There is provision to provide monthly reports which the public is allowed to inspect, but that is not easy unless the reports are published and therefore I impress upon the Minister the need to deal with reports.

Having good statistics does not prevent crime but is one step on the way to dealing with it. I believe we have to take measures to prevent crime as well as to tackle the effects of crime, and the latter is where statistics are important. The causes of crime are complex and multitudinous, and society has a lot to do with it. The lack of proper planning, inadequate housing, the level of unemployment, the education service and poverty are contributory factors, and there is a correlation between a multiplicity of these factors coming together and high levels of crime.

I think there is no such person as a born criminal. Crime is not a genetic factor; people are not born as criminals but become so because of adverse circumstances that are brought to bear on them and behavioural problems that arise. As a society we have a duty to address the issue of what we can do to minimise the factors that give rise to crime. Many Deputies are also members of local authorities and therefore make decisions in relation to planning and development and the type of estates that are constructed in their area. These are crucial decisions that have a bearing on the incidence of crime in our society. We can effect changes in housing and education. For example, if classes are too large and there are insufficient remedial teachers, youngsters may get bored and be inclined to mitch. We need to ensure there are resources to cater for such children in a caring fashion.

Above all else, unemployment is a factor. If people have nothing to do all day every day — and this is endemic in certain areas of society — ghettos are created. This Government has at least made a commitment to tackle unemployment. The programme for national development set a target to create 70,000 new jobs. We need to set targets if we are going to deal with unemployment. It is taking a risk, but we must set out to achieve the statistical targets we have set. The recently launched Programme for Competitiveness and Work set a target to create 60,000 jobs during its three year duration. This is a specific target. I wish that all of the social partners were tied into the target in the same way as the Government so that there would be an onus on the employers, trade unions and farmers to meet specific targets in their area.

We must deal also with drug abusers and provide treatment for them. The recently introduced Criminal Justice Bill enables the assets of criminals to be confiscated, and this is an important measure. The Minister for Justice has shown that she is committed to introducing legislation. She has introduced a number of Criminal Justice Bills. Indeed, even today we were discussing the Criminal Justice (No. 3) Bill, 1993, and she is intent on dealing with the question of public order, an area where there has been a great number of complaints about hooliganism by small groups of people who intimidate residents in housing estates. The Government has taken responsibility for dealing with them and introduced the necessary legislation.

The Minister has given a commitment to introduce the Juvenile Justice Bill, which I understand will be brought forward before the summer. The Minister has provided £66 million to implement a comprehensive package, with 13 points to fight crime. This is the first package to be put forward that deals with the recruitment of Garda Síochána, the probation service, the courts, the appointment of additional judges, information technology and so on.

This debate gives us an opportunity to highlight the need to ensure that the statistics are compiled in a more accurate and scientific fashion. I suggest that the way to do this is not to establish this independent statutory bureau but rather to streamline the existing services.

With the permission of the House, I wish to share my time with Deputy Crawford.

I am sure that is satisfactory and agreed.

I am far from impressed by the Government statements that it plans to tackle the crime problem and that the matter is under control. The figures for Dublin are increasing relentlessly. If we could give credence to the stream of statements issued by the Minister for Justice the problem would have been resolved by now but it seems the Government is incapable of coming to grips with it. It is the same story all over the city. There are shutters and alarms while people are hiding behind their doors which are chained. There is a feeling that the problem is out of control.

The position has been exacerbated by the decision during the past 12 months by the Department of Justice to introduce new procedures for dealing with summonses. The Garda are frustrated when people whom they have arrested are allowed to walk free. When this happens they have to pursue them a second time to serve a summons. This is senseless and people are under the impression that wrongdoers can walk away. It has created endless problems for the Garda, who may have to find people of no fixed abode. It is symptomatic of the thinking in the Department that it reacts to problems when they arise rather than responding on the basis of sound information on the nature of the crime problem.

I commend Deputy Mitchell for bringing this Bill before the House. He has a long record of dealing with crime issues not just in a fair but in a compassionate and firm way. When he was Lord Mayor of Dublin he instituted a commission on crime. This was a very valuable initiative which brought together people from many walks of life to examine the crime problem in this city. I am glad he has continued this innovative thinking by bringing before the Dáil a Bill to close the huge gaps in information on the extent of crime.

The lack of information not only affects the Department's ability to come up with sensible solutions to the problem but leads to the production of simplistic solutions by the public. The first step in addressing the issue in a coherent way should be the provision of information. To talk about a coherent plan without first providing basic information on the extent of the crime problem, the way in which the legal system is dealing with it and whether various sentences handed down are successful, is to set out on a trip without a proper map. In this Bill we have set out the first step in drawing up a coherent programme to tackle crime.

From surveys I have conducted in my own constituency I am convinced the vast majority of crimes are not reported. Two years ago I conducted a survey in one of the electoral wards and discovered that 25 per cent of households had been the victims of crime in the previous year. When I compared this figure with the level of reported crimes for the same area it was clear that a significant number of crimes had not been reported to the Garda. Were it not for the fact that there is an obligation on people to report crimes when it comes to insurance claims even fewer would be reported.

Given the lack of basic information we do not know whether the figures are reliable indicators of what is happening on the streets. It would be a sensible move to set up a National Bureau of Crime Statistics which would comprise the members mentioned in the Bill. This would allow us to assess the extent of crime. However, we need to go further and assess whether present sentencing practice is effective. There is a widespread feeling the courts are inconsistent when it comes to handing down sentences and that sentences do not match the seriousness of the crime. This has proved damaging to the legal system to which we must all look to deal with the crime problem.

If people feel that white collar crime is treated differently or is considered to be less serious, or that the petty shoplifter is treated much more severely than the white collar criminal, confidence will be undermined. It is important that the issue is confronted. I am glad the Government has accepted the notion that the Director of Public Prosecutions should have the right to challenge sentences which are considered excessively lenient.

There is a need for accurate information to help judges decide on the most appropriate sentence to hand down. It would be of immense value if such information could be presented not just to the public but to the Judiciary by a group clearly seen to be independent and with no axe to grind. This would give the public confidence that the system is not creaking at the hinges as they now believe but rather is in control, knows what it is doing and dealing in an even-handed manner with those who commit crime.

It would also help to relieve the frustration felt by the public who believe that many convicted criminals are released without serving their full sentence. The Department will always dispute that any person convicted of a serious crime is dealt with in this way, but the Department and the various arms of the justice system will be brought into disrepute unless there are firm figures from an independent body which could show on an annual basis that they are dealing with this problem effectively and there is no revolving door syndrome. There is a widespread belief that this is the case. There may be only one or two anecdotal cases but these are the cases that convince people that all is not well. One could go to any street and find there is a feeling that the Garda can bring a person to court and have him convicted but that he will be out the following week. I am willing to be convinced by the Minister and the Department that this is not true, but it needs to be presented to us in a convincing way by someone with no axe to grind.

The predominantly young age of the people committing these offences, and their generally deprived background, is frightening. We need more information on that aspect of crime. If we are serious, these problems can be tackled at the root.

In the north inner city, an area which I have only recently come to represent, there is no school to which children with behavioural problems and learning difficulties can be referred so that emergent problems, that can otherwise be distorted and result in a life of crime, can be dealt with. It is an indictment of our system of Government that we do not have an education system that can deal with such children. We must look seriously at the curriculum and its suitability or otherwise for children with behavioural problems. It is not the answer to send children out to the country to some place which is clearly divorced from their own environment and way of living. These problems must be tackled within communities and with the support of communities.

I recall an interesting report drawn up a few years ago on the level of youth crime in the inner city and how it could be dealt with effectively. That report recommended a pre-court tribunal where educationalists, local community workers and others involved in dealing with young people in the area, would be a support to those young people at risk and to their families. It recommended that there be a network to deal with children and stated that it would not be in the interests of the State to allocate institutions for delinquent children. Those ideas set out by community groups at the time could be greatly enhanced if this Bill resulted in the provision of a regular stream of hard information on the nature of crime and the type of people getting involved.

We must also look at how people in deprived areas are disempowered. The agencies providing services in deprived inner city areas, such as the health boards, those in the education system, the Garda and the criminal system are not under local scrutiny and are not accountable to their local communities. Often the results they achieve for their communities are not up to the standard we would demand for other areas that are more articulate in presenting their views. Health is not the subject of this debate and I do not want to be deflected into it, but life expectancy is lower and illness occurs much more frequently in deprived areas than in other parts of the city, yet we are supposed to have a health system dedicated to equity and equality. Something is radically wrong and we could begin to tackle the problems if there were a sense in which these institutions were accountable in their local area. This may be divorced from the issue of crime at this stage but it is symptomatic of what is wrong in some areas. If we are not willing to trust people to influence the ways their areas are run, we are depriving them and creating some of the problems that we see far too often on the streets when things go wrong.

I would also like to see figures for community work schemes used as an alternative to prison sentences. These have been in operation for some time and a group such as the bureau suggested in this Bill should be examining the effectiveness of those as alternatives and promising their extension where possible.

I congratulate Deputy Mitchell on proposing a crime watchdog and providing the basis of a coherent plan. I hope the Minister will relent on the position he appears to be taking and recognise the value of what has been suggested.

I propose to share my time with Deputy McGahon. I congratulate my colleague, Deputy Mitchell, on this Bill. Without proper statistics it is impossible for the authorities to know the extent of the problem or for the Minister to know what she needs to provide to preserve the rights and privileges of people. It is time we were given the most up-to-date information about the nature of the problems. When one sees what our banking and other services achieved in a very short time, it is difficult to understand why the annual prison reports from 1989, have not been published.

I do not know much about Dublin city apart from what my colleagues say, but in rural areas there is great anxiety, especially among the aged and those living alone, about the future. It is very frightening when a person after being asked to buy something at the front door finds that behind his back everything he owned has been taken by the caller. Such crimes are not always included in the statistics. However, if we at least had an up-to-date report of crimes it would be easier to deal with the problem.

I was interested to hear some of my colleagues give the reasons for crime, that with 300,000 unemployed it was not difficult to understand why so many were driven to crime when they have so little to do and their social welfare is so curtailed if they live at home. We have been told how many jobs the budget will create this year. It would be great if all the reports could do away with unemployment. A former Fianna Fáil Taoiseach said he would resign if unemployment exceeded 100,000. Now it seems the only way to solve unemployment is to produce reports.

That former Taoiseach did resign.

He was knifed; he had no option.

The man who talked about it has also gone.

Deputy McGahon knows more about knifing than anybody else.

The Deputy knows a bit about it in his party.

We are told that the onus is no longer on the Government to create jobs but on industrialists, individuals and even farmers. The action of this Government in relation to CAP and GATT reforms will mean that fewer jobs will be created. If we depend solely on job creation to solve our crime problem we will certainly have a problem. Like every other Member of this House I want to see as many people as possible employed.

The Labour Party cannot have that many cousins.

Members of the Fine Gael Party should look after themselves.

Deputy Quinn did not look after you.

Reports alone will not solve the crime problem. Nevertheless, Deputy Gay Mitchell's Bill, which proposes that there should be a proper statistical data base from which to work, would go some way towards solving it. I did not hear the Minister's reaction to the Bill, but I believe it was negative. That is regrettable. I am a newcomer to the Dáil. Last May the Minister for Equality and Law Reform welcomed the provisions of a Bill on occupiers' liability introduced by my colleague, Deputy Deenihan. He said the Bill was worthwhile but not perfect and that within a few weeks he would introduce a Bill. Some 12 months later we do not know if that Bill will ever be introduced, a Bill which is crucial from the point of view of tourism and employment.

If this Bill is defeated I hope the Minister will not ignore the genuine concerns of Deputy Gay Mitchell, Deputy Browne (Carlow-Kilkenny) and others. I hope we will see realistic action in regard to the compilation of figures so that plans can be made, the prison system evaluated and all the other measures which Deputy Mitchell requested be adopted.

The economy and unemployment are not the main sources of public disquiet here, rather, it is the level of crime. I often feel that in the rarefied atmosphere of this Chamber many Deputies are in a cocoon far away from the real life. However, they have only to read the volume of letters published night after night in the Evening Herald and the Evening Press to be aware of the frightening extent of crime and the numbers of people living in fear of their lives. We have lost the battle against crime, and I am not blaming the present Minister in that regard. The battle was lost because of the do-good methods adopted by bleeding hearts and naive people in society.

The levels of crime in Dublin, in Deputy Kemmy's city of Limerick and in the Border town of Dundalk, where there is a cross-Border level of crime in addition to terrorism, are totally unacceptable. The Government failed to produce the prisons report simply because it does not want to lift the lid off the extent of our crime problem. When I hear Deputies making excuses for criminals and suggesting that deprived backgrounds in some way justifies crime, I despair. I am a hardliner in regard to crime. There should be a deterrent for every crime in the book; but, unfortunately, we have dismantled the deterrents here. Murder is no longer a nine day wonder and the Director of Public Prosecutions frequently reduces the most foul charge of murder to manslaughter. Rape cases dominate our daily newspapers, with variations on the theme. This whole matter is out of control. One of the reasons is that Deputies are prepared to come in here and make excuses for people who commit crime on the basis that they had a deprived or an unsettled background — in other words, their mothers let them fall on their heads as babies or fed them on the left breast instead of the right. We are fed a diet of farce.

In the twenties or the early years of this century, when people did not even have a blade of grass on which to exist and when there was no social welfare, there was very little crime. We have copperfastened a social welfare system here which is the best in Europe. It is so attractive that many people refuse to take up jobs; they would rather be part of what I believe to be the best social welfare system in the world.

People are not categorised in criminal classes; they do so themselves. I recently read about a young criminal whose speciality was attacking tourists. Having robbed an elderly tourist of her handbag containing £200, he was pursued by a detective. He was 20 years of age and that was his 21st conviction. That brings me to the subject of recidivism, which is rampant here and if the statistics were published they would reveal that. The statistics were unacceptable when my party was in Government, but to refuse to publish them is almost unforgivable. For that reason I support Deputy Gay Mitchell's Bill. He is street wise and fully attuned to what is happening on the streets of Dublin, where elderly women lock themselves in their homes at 4 p.m. on a winter's evening because of a fear of the criminals in this city.

The system needs reviewing. We have gone soft on criminals. There are those who will always want to analyse them, paying little attention to the victims of crime. I visited Loughan House on a beautiful day last October and I could not believe what I saw. The scene resembled the campus of a university. Young men were strolling around the beautiful grounds, others stripped to the waist were playing golf and music was wafting from the windows. I felt like booking in for a week; it was similar to a holiday camp par excellence.

Is that the way to fight crime? Is that the way to treat a person who has committed 21 crimes against tourists? I believe in the penitential style of punishment for people who repeatedly offend against society. The ball and chain should be used on a young man who has 21 convictions and in addition he should get a good smack of the birch. Unfortunately, those days have passed; we are now living in more enlightened times. The system of punishment has been dismantled by various Ministers in the Department of Justice. Punishment in our courts is totally inappropriate to the crimes committed and a return to the penitential system is necessary if we are to make real inroads into the crime problem here.

I am sorry Deputy Costello has left the Chamber. He represents the Prisoners' Rights Society, God help us. What rights have prisoners in society other than the right not to be ill-treated? I am more concerned about rights for the victims of crime.

I now call Deputy O'Donnell.

On a point of order, is it not appropriate that the debate should rotate from the Opposition to the Government side?

I understand rotation in respect of the debate before I arrived has gone rather inappropriately.

I wish to put on the record that reports have been published since the introduction of Deputy Gay Mitchell's Bill.

Matters have got out of synch tonight in accordance with the format laid down. The Deputy is correct. The debate should alternate between the Opposition and the Government. Deputy O'Donnell is on the list before me. The normal format is that the debate should alternate between Government and Opposition speakers.

After Deputy Browne's remarks, and as we both come from the same part of the country, I will take his advice and defer to Deputy O'Donnell.

(Carlow-Kilkenny): I knew the Deputy was a gentleman.

I appreciate that courtesy. The Bill seeks to establish a national bureau of crime statistics. It is proposed that it would have certain statutory functions and powers, including accurately measuring, reporting and comparing the level of crime, analysing trends and issuing reports on request to certain office holders, including the Minister for Justice, members of the Judiciary and chairpersons of Oireachtas committees. My instinctive response to this Bill is to question why most proposals made to Government and to this House, even if properly motivated as this Bill is, usually call for the establishment of yet another layer of bureaucracy? I would sound a word of caution in that regard in relation to the proposed establishment of the bureau.

The Bill calls for yet another statutory body to join the army of agencies of which we have a surplus. The aim of Deputies both in Opposition and on the Government side should be to get the Government to work better and cost less. In these times of high Government spending we should be mindful of any proposal to set up yet another statutory body which is likely to employ more people and to cost more in public spending. Even though I support the general themes in the Bill, and believe there is a need for criminological research, statistics required for policy formulation can be compiled and present systems evaluated if existing resources in the Department of Justice are co-ordinated with those of the Central Statistics Office, the prisons and the Garda Síochána.

The Garda are the best placed professionals to provide statistics as they form part of their daily operations. They have immediate access to salient information. If they were properly resourced, as it is shortly planned they should be, they should be the main agency to coordinate and evaluate criminal statistics for the benefit of our legislators and policy formulators. The Garda Síochána strategic plan, 1993-97, from which I read today, is an excellent document. There is no shortage of good reports which have been compiled over the years by the Law Reform Commission, various select committees of the House, such as the Select Committee on Crime, particularly in respect of juvenile crime. That plan set out appropriate strategies which would transform the performance of Garda operations. It set out targets, in terms of performance indicators, to measure achievement and prioritise tasks. It outlines the resource requirements necessary to help achieve those targets in the most cost effective manner. We should not create more bureaucracy and greater expense for the Department of Justice in respect of compiling statistics. The resources exist but they need to be co-ordinated to make them effective.

As earlier speakers said, law and order is high on everybody's agenda. Recently, my party, as a member of the Dublin Transportation Initiative, carried out a survey in line with general public consultation procedures. We were hoping to receive a response in respect of traffic management and general levels of satisfaction with public transport. The questionnaire contained general questions, such as the issue which most concerned the citizens of Dublin. People listed the level of crime as the main issue. That questionnaire was not targeted to obtain that answer. People volunteered the information that they were afraid to go out in Dublin after dark.

The level of crime is a matter of high priority on the electorate's agenda. The electorate who voted Deputies into this House expect that we will vocalise their concerns in regard to law and order. There is not only a perceived, but a real increase in the incidence of crime among communities and this is highlighted by crime statistics. There is a tendency, which must be resisted by legislators, to call for quick fix solutions. I disagree in principle with the speaker who referred to do-gooders and people who take an integrated approach to the problems of crime rather than proffering quick fix solutions. We must resist the call for quick fix solutions, more agencies, prisons, less respect for civil liberties and a positive howling for retribution. Given the high level of crime such requests are understandable. However, legislators and policy makers must resist such requests. There is a need to be reflective and to adopt an integrated approach to policy formulation in relation to criminal justice. Such an approach might not get good headlines or soundbites for Deputies, nonetheless it is worthy.

The Whitaker Committee of Inquiry into the Penal System was an excellent committee. Paragraph 3.3 of the committee's report discovered, among other things, that society should be less emotional in its response to crime and more aware of the contributions to crime made by deficiencies in its own structures and operations. We should seek to change institutional matters, as appropriate, rather than adopting a knee-jerk reaction and dealing only with enforcement and heavy handed tactics. Crime is a multifaceted problem and locking people up and throwing the keys away will not solve the problem.

Criminology is not a well developed science in academic Ireland. Most lawyers who study law in our universities focus on the solicitor or barrister profession. Very few lawyers continue further academic studies in criminology and compare our justice system with that of other places, such as America, Scotland and so on. There is a definite need for a criminal research centre, which could be based in universities, to collate and analyse data and to provide a dispassionate analysis of fundamental aspects of crime and punishment.

When speaking on the budget recently the Minister outlined that the £66 million allocated for law and order is aimed at reducing crime and strengthening the capacity of the criminal justice system to respond to crime. She stated that recorded indictable crime increased by 1 per cent in 1992. The figures for 1993 are not yet available, but there is little doubt that they will show an increase on the 1992 figure. To her credit, the Minister recognises that crime is a complex multifaceted problem and that law enforcement policies should be only a part, albeit a vital part, of the Government's response to the problem. This brings me back to the point that the aim of any policy initiative from either side of the House should be to ensure that the system works better and costs less.

The strategic plan set out by the Garda contains very interesting statistics and compares our performance in terms of criminal activity with that of other EU member states. It has been stated that we have a high incidence of murder, but it does not compare with that in other EU countries. There is a degree of hysteria here in terms of the statistics on some elements of violent crime. All other EU countries have a homicide rate many times that in Ireland, some by a factor of more than six. The rate of burglaries in Greece, Belgium, Portugal and France is lower than that here, while in the UK, Holland, Germany and Denmark the rate is more than twice that here. The crime rate here doubled between 1960 and 1970 and again between 1970 and 1980. Apart from a peak in 1983, the crime rate has stabilised since 1980. There was a 7 per cent increase in the crime rate in 1991 as compared with 1990, although it is debatable whether that is indicative of a trend. There was a peak in the incidence of burglary in 1983 and there was a considerable reduction in 1990.

It is interesting to note that crimes of stealing in which firearms were used increased from a virtual zero rate prior to 1969 to practically two per day in the mid-eighties. There has been a considerable fall-off in this crime since 1988 and the use of firearms in crime appears to be waning contrary to what some people believe. However, there has been an increase in the use of violence in the furtherance of criminal acts generally, particularly those of stealing, and the figures have been consistently high since 1982.

The Garda authorities have all the statistics, but they need extra resources to respond to the challenges posed by the current problem of terrorism and illegal drug dealing. Today we discussed the Criminal Justice (No. 3) Bill, which deals with the seizure of criminal assets relating to drug dealing.

The decline in formal school control has been recognised by the Garda as one of the reasons for the growing number of juvenile offenders. The long awaited Juvenile Justice Bill will, I hope, provide an integrated solution to the whole question of juvenile crime. As has been mentioned, persistent long term unemployment creates the potential for a large body of disaffected youth. This matter should be dealt with in the Juvenile Justice Bill, which will be introduced in the House soon. I hope that we will have a civilised debate on that Bill. The committee on juvenile crime recommend that the whole question of juvenile crime should be approached in a compassionate manner. I reject the allegation that I am a do-gooder when I say that it is absolutely imperative that we take a compassionate approach to juvenile crime. Children are not born criminals; they are influenced by their environment, and we must respond to their needs.

The report recognises the relationship between crime and greater urbanisation, particularly the existence of pockets of disadvantage in our bigger cities and towns. As Deputy Crawford said, it identifies rural depopulation, which results in many elderly people living alone; rendering them more vulnerable in terms of their houses being broken into and being abused by criminals.

In dealing with crime we need to pool all available resources rather than create further layers of bureaucracy. The resources allocated by the Minister for increased Garda recruitment — 407 gardaí are to be recruited this year — are to be welcomed. The employment of civilians on clerical duties would ensure that a greater number of gardaí are available on the streets. There is no point training gardaí in a specialised manner — training has been enhanced and is second to none in Europe — if they are to be employed on desk duties. The increase to 900 in the number of clerical civilians in the force is welcome.

Perhaps in reply to the debate the Minister would give greater detail on the research unit which it is proposed to establish in the Garda Síochána. The general thrust of our approach to criminal justice should be to reward the ideas that work and to get away from the ideas that have not worked. I do not believe in the agency-led approach to policy. There are many good people in the Garda, the prison service and the Central Statistics Office and we should concentrate on integrating the whole system. The Progressive Democrats believe that regulatory overkill should be eliminated. There is a huge amount of red tape, some of which is necessary but much of which makes Government processes cumbersome. Anybody who has been involved with State agencies knows that red tape and regulations are prohibitive of development.

Deputy Bruton referred to local authorities. Local authorities should be given greater powers to deal in a local and more targeted way with crime. In Dublin City Council there is a crime committee which deals with specific areas of concern in the Dublin area. Despite the fact that this committee has no real powers or resources, it is a useful committee. The whole question of devolving powers to local authorities needs to be addressed. Local authorities are best situated to be proactive in terms of housing policy, which could have an influence on crime. When speaking earlier today about the drugs problem in Dublin I mentioned the difficulties experienced when a drug pusher moves into a local authority flats complex. Parents who are terrified that their children may have drugs pushed on them by these people — they may be squatters — have called on the local authority to have them evicted. Local authorities face onerous legal obstacles in trying to evict squatters. This issue has to be looked at. The residents in some inner city flats complexes have become so politicised about this issue that they marched to City Hall to express their outrage at the hands-off approach being taken by the local authority, the lack of response to the needs of people who want to protect their children from drug pushers.

Development and land use policy have to be taken into account in any integrated approach to the planning of successful communities. If we wrongly create, as we have done through misplaced planning policies, ghettos and disadvantaged areas where there are inadequate facilities, no playing fields and no proper public transport system we will only add to the problem. Generally we are bad at planning — we tend to prepare for the worst rather than plan for the best. This applies in particular to the criminal justice area where we think we have to build more prisons because the crime statistics are increasing. Instead of doing this, we should be thinking ahead, planning and integrating all our resources in an effort to improve the environment where criminals are born and reared.

The residents of St. Catherine's Parish in Dublin 7, who have become politicised in an effort to tackle the drugs problem in their community, have recorded 40 drug pushers operating in the Meath Street area. The local residents are seeking funding to build a community centre and to date have raised £1,000. The cost of building a community centre should be compared to the £40,000 cost per annum of keeping a person in jail. Young people in the inner city area cannot be blamed for getting involved in crime when adequate facilities are not provided for them. I understand how these children can drift into a life of crime. Many of them come from dysfunctional families, some have an alcoholic father or mother and most come from families which are under stress. It is not acceptable for us to adopt the "hang them high" law and order approach to this issue. We can see how the problems start.

Even in some of the more prosperous new communities in Dublin south, for example, Knocklyon, there is a real need for the provision of adequate facilities such as playing fields for young people. Because these facilities are not available in many areas the young people go into town and many of them start stealing from shops. We need to look at the community aspect of the problem and ensure co-ordination between local authority departments. Targeted schemes such as these, together with community and juvenile liaison gardaí, are the answer to tackling crime on a local level.

The committee on juvenile crime made some excellent recommendations when it reported in March 1993. For example, it proposed the establishment of a local juvenile crime prevention committee within the Garda divisions in urban areas and a national juvenile crime prevention committee. More importantly, it recommended a ban on the use of adult prisons for offenders under 17 years. Child offenders under 12 years of age are the proper responsibility of the Minister for Health under child care legislation. It is absolutely atrocious that any child under the age of 17 years should be sent to an adult prison.

On 23 December 1993 the Department of Justice published its annual report on prisons for the period 1988-91. The report highlights the ongoing imprisonment of 15 and 16 year old children in adult prisons, but shows a decrease from approximately 120 in 1987 to under 20 in 1991 in the number of children in adult prisons. While I welcome this decrease I believe there should be a complete ban on the use of adult prisons for persons under the age of 17 years.

With regard to institutional matters which cause problems in the administration of justice, the Minister will be aware of the serious concern among practitioners and the general public that people who have been convicted of serious crimes are being released from jails by way of temporary releases because of overcrowding. This highlights the inability of jails to contain the number of people convicted of serious crimes. Undoubtedly we need more prison places. The Progressive Democrats welcome the provision of resources in the context of the £66 million package to create 210 more prison places, including 60 places for female prisoners. The issue of people reoffending while on temporary release is very serious and undermines confidence in the justice system.

I wish to refer to the pressure on accommodation and the introduction of a system under which prisoners with a 50 per cent remission can transfer to open centres. The statistics relating to full temporary releases show that a total of 1,619 people were granted full temporary releases in 1991. This is covered by section 2 of the Criminal Justice Act, 1960. The Minister is empowered to grant temporary releases in cases where a range of criteria are satisfied. The main reason for the granting of temporary releases is the lack of prison space. In many cases prisoners share cells. The situation is almost as bad as that when, due to very long hospital waiting lists, people had to sleep in corridors. Such a situation is totally untenable.

The figures for individuals who offend while on temporary release are very worrying. Of the 2,688 prisoners granted temporary release on a short-term and weekend basis in 1991, 302 people broke the conditions or absconded. The figures are contained in the reports which have been published. Consideration needs to be given to the number of people who reoffend while on temporary release. This problem has the capacity to undermine confidence in the justice system.

The Minister is looking at the question of bail in the context of the Law Reform Commission's proposals. I look forward to hearing how the Law Reform Commission will balance the need to maintain the presumption of innocence, which is fundamental, with the problem of people reoffending while on bail. I should like the Minister to tell us the number of people who reoffend while on bail — statistics are bandied about but no one has conclusively evaluated the extent of the problem.

The Minister has accepted that law enforcement can only be a part, although a very vital part, of the Government's response to increased criminal activity. There is a need for some kind of criminal justice research and a full audit of our prison population. When I visited Mountjoy Prison recently I was told that something like 80 per cent of the prison population there came from five postal districts in Dublin. That is an extraordinary statistic if it is to be believed. There is an average daily prison population of 2,000. It should be possible to obtain a social profile of people who end up in prison with a view to formulating some policy in this regard.

I support the general thrust of the Bill but I am very concerned that it may create another layer of bureaucracy and another agency which we certainly do not need.

Debate adjourned.
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