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Dáil Éireann debate -
Tuesday, 23 Jan 1996

Vol. 460 No. 3

Order of Business.

It is proposed to take No. 11. It is also proposed, notwithstanding anything in Standing Orders, that: (1) the Dáil shall sit later than 8.30 p.m. today and the motion for the General Financial Resolution shall be moved not later than 12 midnight whereon business shall then be interrupted and the Dáil shall adjourn forth-with; (2) following the Budget Statement of the Minister for Finance and the statements by the main spokespersons of the parties in Opposition, the sitting shall be suspended for 30 minutes; and (3) there shall be no Private Members' Business this evening.

Is the proposal for the late sitting satisfactory and agreed? Agreed. Is the proposal for the suspension of the sitting for some 30 minutes later this evening satisfactory and agreed? Agreed. Is the proposal that there shall be no Private Members' Business this evening agreed? Agreed.

To stem the tide of merciless crime sweeping the country, will the Taoiseach indicate what emergency legislation the Government intends to introduce in this session?

The Government will introduce various legislation outlined in its programme, details of which have been circulated. Those, along with other measures, will assist in improving social conditions and in dealing with the causes of crime.

The legislation programme for justice which I received listed only one Bill. As I am sure the Taoiseach is aware, that Bill was promised by the Minister last July. The Fianna Fáil Party published the Misuse of Drugs Bill, 1996. The Bill which is on today's Order Paper was launched by our party spokesperson recently. Since it is a comprehensive, well drafted, constitutionally checked Bill not open to legal challenge, will the Taoiseach agree to take it next week in Government time?

The Government has legislation, the Criminal Justice (Trafficking) Bill, and it is expected its text will be approved at Cabinet within the next three to four weeks. The most appropriate way to proceed is for that legislation to be the vehicle the House uses for dealing with this very serious problem. I have no doubt the Opposition, which is to be commended for its work in drafting legislation, will be able to contribute to that legislation and that any amendments it wishes to put forward will be considered favourably.

I was going to facilitate the Minister for Finance in delivering his budget speech. He is not here but I take it he will arrive. In the interests of openness, will the Taoiseach confirm that we can follow the sequence of the Minister's speech as reported on page 14 in today's edition of The Irish Times? It appears to give details of the sequence the Minister will follow and leaves blank paragraphs for the making of additional notes. Is this an accurate reflection of the speech that will be delivered?

I dissuade the Deputy from getting involved in displays of this kind.

It is an important matter, Sir. I tabled questions about the leaks but they were transferred. Will the Taoiseach confirm if we can follow that guide? Will the Minister turn up to deliver his speech? We know what is in it. Will he arrive? We know what the Taoiseach said 18 months ago about a Government engaged in leaks.

Order, please.

He said if there are lots of leaks it is not being well managed.

In the light of the recent statement by the Minister for Justice that she will introduce regulations to deal with the security industry, in particular regarding the carriage and storage of large sums of money, will the Taoiseach accept that those regulations must be introduced by the Government as a matter of urgency and should have been introduced following warnings after the Brink's-Allied raid this time last year?

I would prefer if the Deputy could indicate specific legislation promised in this area.

It is very important that those who hold themselves out as security firms should act in accordance with proper security standards on their premises. It is important to accept the point that the gardaí may not enter into premises without leave or unless they have a warrant and it is appropriate that security firms should be secure in the way they operate their premises.

Does the Taoiseach accept that if in some instances security firms do not behave in the fashion he proposed it is the duty of the Government to introduce necessary regulations?

It is very important to recognise that a measure of responsibility must rest with security firms. No amount of legislation generated in this House will take from security firms responsibility for their premises. No attempt at political point scoring should transfer the responsibility of security firms to the shoulders of the Government.

Will the Taoiseach accept that people who hold themselves out to be Ministers for Justice should take responsibility for that portfolio and make decisions when they are needed?

A Deputy

That is a very catty remark.

Legislation is promised on the establishment of a Garda representative body which would win the support of all members of the force. Will the Taoiseach accept that in the light of the inelegant war of words between that body and the Minister it is imperative that this promised legislation is brought before the House as a matter of urgency?

It is not a question of Ministers holding themselves out as being Ministers but of Ministers doing their jobs well and that is undoubtedly the case with Minister Owen. She is the first Minister for Justice since the foundation of the State and the foundation of the Garda Síochána by Kevin O'Higgins to introduce a comprehensive reorganisation of the force through its regionalisation which is now being put through.

No amount of blustering will get the Taoiseach out of this.

Henceforth responsibility for actions and decision-making in regard to important criminal events will be taken at regional level rather than in the Victorian centralised system which the Minister, Deputy Owen, inherited from all her predecessors.

Rather than attempting the knee jerk point scoring that seems to characterise the Opposition every time any crime occurs, where they seek to blame the Minister for what is happening, they might recognise that this Minister is taking action on matters that were left undealt with by all her predecessors and all previous Governments.

A Deputy

Shame on you.

With that he sat and moved to the left.

There is no question of political point scoring. Crime is at an all time high. All I am asking the Taoiseach is whether we must wait for a further year and a further major robbery before the Government introduces the regulations which is its bounden duty.

This Government and this Minister for Justice are undertaking a comprehensive reorganisation of the Garda force, involving regionalisation of responsibility and giving the relevant responsibilities to the people close to the scene of action. This represents the most radical change in the organisation of the force that has occurred since it was founded. It will place responsibilities where action can be taken and it is to be commended. The Minister, Deputy Owen, is to be commended for taking action on this matter which was not dealt with by any of her predecessors.

A Deputy

Rubbish.

The Taoiseach has defended his beleaguered Minister. Where is the legislation definitively promised by the Minister in the House in the last term to set up a new Garda representative body, and when will it be published?

That legislation will be available within the next two months. It is important legislation but it is more important that the Garda force be reorganised rather than that the trade unions representing the force be recognised. I commend the Minister on giving priority to the organisation of the force. Responsibility for decision making will now be taken at regional level——

The Taoiseach is taking sides in the dispute.

——where previously, in bureaucratic fashion, all responsibility had to be transferred to Dublin. That situation was accepted by all Ministers for Justice, with the exception of the Minister, Deputy Owen.

Order, I have to dissuade Members of the notion they may have that they can discuss this wide ranging subject of crime now on the Order of Business. They cannot.

On legislation, does the Taoiseach seriously expect this House to believe it is an adequate response to the crime problem here for the Government to say it will publish in this session only one Bill dealing with the crime problem, a Bill which has already been published by Fianna Fáil?

In February the Government will produce the Criminal Justice (Drug Trafficking) Bill. It is planning the Criminal Justice (Miscellaneous Provisions) Bill to deal with various administrative changes in regard to the prosecution of offences in the spring. It will produce the Criminal Law Bill to abolish the distinction between felonies and misdemeanours early this year. The Deputy will be pleased to know that it will also introduce legislation dealing with insanity.

Political insanity?

I have listened carefully to the Taoiseach on how the Government is handling the crime wave which is not just affecting urban areas but rural constituencies like mine. I suggest to the Taoiseach——

This is Question Time Deputy.

——that instead of the word "review" which he is not prepared to use and has replaced with the word "reorganisation" he replace both words with the word "rubbish".

The Deputy might retreat from his remarks.

I am proceeding now to other business.

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