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Dáil Éireann debate -
Wednesday, 9 Jul 1997

Vol. 480 No. 2

Criminal Justice (Drug Trafficking) Act, 1996: Motion (Resumed).

Debate resumed on the following motion:
"That Dáil Éireann resolves that sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act, 1996 (No. 29 of 1996), shall continue in operation for the period ending on the 31st day of December, 1998."
–(Minister for Justice, Equality and Law Reform).

As a new Deputy, it is a great honour to be the first Member called upon by the Leas-Cheann Comhairle to address the House. I wish him well during his tenure of office.

I support the motion to continue the power to detain alleged drug traffickers for seven days. This is a small but important step in the fight against drugs which will allow for the detention of persons who would otherwise be in a position to flee the country prior to the application of the due process of law. There is a need to speed up the court system from the present 18 months it takes to process a case to the 90 day drug courts proposed in the Fianna Fáil position paper. Offenders will be able to choose their court supervised drug treatment programmes or imprisonment. I welcome the Minister's statement that he intends to bring forward a criminal justice Bill in the autumn and that one of the measures contained therein will be the speeding up of trials.

I congratulate Deputy Flood on his appointment as Minister of State at the Department of Tourism and Trade with responsibility for the National Drugs Strategy Team. I assure him that I will support him fully in developing a radical approach to drugs and drug related crime.

The use of drugs is most common in areas of economic and social deprivation such as the south and north inner city areas, the suburbs in the west and north of Dublin and areas of Cork and Limerick. The communities in the flats complexes where the drug culture thrives have been stubbornly denied the benefits of the economic boom. There is a need for higher incomes and increased educational opportunities, environmental improvements and job creation. These communities have seen none of the dividends of the tiger economy and this will have to change.

My goal in this 28th Dáil is to eliminate social and economic deprivation and to promote an inclusive society where no one is marginalised. The reality in Fatima Mansions, Dolphin House, St. Theresa's Gardens and Bridgefoot Street is an indictment on our political and economic system because these areas have not benefited in any substantial way. The reality of the mantra "control Government spending" is questionable in a country which had a revenue surplus of more than £700 million in the first six months of the year.

In some countries there is a compulsive military tour of duty. I would like to see those who earn in excess of £50,000 per year go on a compulsory tour of Fatima Mansions and Bridgefoot Street. I am sure Deputy Gregory could suggest an extension of that tour into the north inner city.

In the 1960s a small number of people became wealthy on the back of the boom experienced during the Lemass era. In the 1990s a large number of people have become wealthy through tax sheltered investments which avoid the payment of income tax. This creation of wealth continues to be aided by the increase in the value of shares, spiralling property prices and low interest rates. I call this large group of people the "ivory circle". This group includes high earners in the professions, business, banks, financial institutions and the public service. This circle of people has helped to build up the economy through the use of tax shelters such as accelerated capital allowances, finance backed business expansion schemes and section 23 on rental income. Hotels are sprouting up throughout the country like mushrooms, Temple Bar is humming, designated areas such as the IFSC and Tallaght are booming and new apartment blocks are appearing every-where. All in all the country has benefited from the boom. Jobs have been created and Ireland is now a much sought after location for quality foreign investment and along the way, the ivory circle has become wealthy beyond its expectations.

I do not begrudge the members of that circle becoming wealthy but I want some justice in the system. The State has foregone hundreds of millions of pounds in tax and this lost income has formed the basis for the wealth created in recent years. The time has come for members of the ivory circle to pay their share of tax. I suggest there should be a limitation on the amount of income one can shelter from tax through tax avoidance schemes. There should be a special rate of tax on incomes over £50,000 which would reflect the State's contribution to the wealth that generated such income. The additional tax raised should be allocated to those communities who until now have gone without, economically and socially, in the creation of this booming economy.

What has this to do with drugs? If the quality of life improves in these communities, the drugs culture will not thrive and we will live in a safer and more secure environment. During the life of the Dáil I will work for all people, but with special regard for the marginalised and deprived.

I thank Deputies who kindly offered their congratulations on my appointment as Minister for Justice, Equality and Law Reform. I appreciate their kind sentiments. I also thank Deputies for contributing to this important debate. In the autumn we will have fuller opportunities to discuss the complexities that arise in tackling the problem of drug abuse. The debate on the Criminal Justice Bill which I will introduce will be such an opportunity.

My priority as Minister for Justice, Equality and Law Reform relates to the supply side of the drug problem. Measures in this regard must be accompanied by effective measures in reducing demand. In this context I am sure the House welcomes the appointment yesterday of Deputy Chris Flood as Minister of State with responsibility for the National Drugs Strategy Team. Deputy Flood has considerable experience having served so successfully under the present Leas-Cheann Comhairle as Minister of State at the Department of Health. I extend my congratulations and best wishes to him.

It is regrettable when it becomes necessary for a society to have statutory provision for up to seven days detention. It would be more regrettable if the State did not take every action open to it commensurate with the threat which drug traffickers pose to the community.

Appropriate safeguards are built into the legislation. The statistics which I earlier outlined go a long way in answering fears expressed by some people last year that seven day powers would be used excessively. Of the 145 people detained, 98 were held for a period not exceeding 12 hours. That period of detention was already permitted under the criminal justice legislation of 1984. Only 21 people were held for more than 48 hours.

This is the first opportunity for the House to consider the operation of the sections on the basis of the report laid before it. The statistics in the report are similar to those made available to me by the Garda. I am open to suggestions regarding information which might be contained in future reports.

The former Minister for Justice, Deputy Owen, should be aware that the Government made the necessary orders yesterday, the effect of which is that there is from today a Department of Justice, Equality and Law Reform of which I am Minister. I anticipate no difficulty in relation to staffing or other matters arising from the amalgamation of these two Departments. I also wish to make it clear that I have always had an abiding interest in the marginalised and disadvantaged and nobody need have any fears about their voice not being heard in Government and in this House. Deputies can be certain of this. I want to assist as far as possible, irrespective of the position I hold, those who feel or who are socially excluded, marginalised or disadvantaged.

The Minister for Justice said that imitation is the sincerest form of flattery.

Unfortunately, I am Minister no longer.

I apologise to the Deputy. I had become so used of describing my adversary as Minister that I find it difficult to adjust.

I do too.

I will not adjust my view that the Minister is probably correct in saying that the sincerest form of flattery is imitation. If that is true, as I believe it to be, my own humility must be overpowering and engrained in the marrow of the bone because the Minister will be aware that most of the legislation she boasted of originated from the Fianna Fáil benches.

The former Minister spoke very eloquently about the opulent lifestyle of those involved in drug trafficking. I would venture to suggest, with temerity and humility, that the Proceeds of Crime Act, 1996 which I had the honour of introducing on behalf of the Fianna Fáil Party was perhaps the first real measure introduced to hit those involved in the drug trade and serious crime where it hurt, namely, in their pockets.

It is a pity the Minister's party did not introduce it ten years earlier.

I envisage that the Act will continue to be an extremely effective and efficient vehicle in the coming years.

The abolition of preliminary examination which was raised by the former Minister is something which I intend to proceed with because of the hundreds of preliminary examinations which are heard in court. Only a minuscule amount of these are ever discharged in the court of first instance. I believe the court of trial can deal with these matters adequately and efficiently and that this will result in the elimination of unnecessary delays.

The former Minister said that no mercy would be shown to me. I assure Deputy Owen that no mercy will be sought. A very fine poet once wrote that ".the quality of mercy is not strained, it droppeth as the gentle rain from heaven.". If I want mercy I can get it elsewhere. I am prepared to do my level best in this position and I expect nothing less than vigilant, effective and verbose opposition.

Deputy Broughan mentioned the issue of additional policing. There is certainly a need for additional numbers in the Garda Síochána. The point was also forcefully made by Deputy Gregory whose involvement in the fight against drugs is well known. In our policy document, I outlined Fianna Fáil's intention to increase the number of Garda Síochána over the lifetime of the Government to try to ensure that the pursuit of individuals involved in criminal activity, including drug dealing and trafficking, would be seen to be effective. I am acutely aware that this cannot be done if the numbers in the force are insufficient.

With regard to international co-operation, I wish to inform Deputy Gregory that it is my intention to publish a Europol Bill before the next session of the Dáil which will help to attain international co-operation in the fight to which we are all dedicated. While I am unable to comment on court decisions I would emphasise the need for the Garda and the community to co-operate within the law in fighting the drugs menace.

I compliment Deputy Ardagh on an excellent maiden speech. I am restricted from commenting on it because of the lapse of time. I thank the officials in my Department who have given so much of their time and effort in ensuring that this motion appeared before the House and that the conclusion to it would be successful. I also thank Deputies from all parties and the Independent Deputy who spoke for their co-operation.

Question put and agreed to.
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