I wish to share my time with Deputy O'Flynn.
Adjournment Debate. - Road Traffic Accidents.
Is that agreed? Agreed.
A tragic accident took place in the Ballyphehane area of Cork city, early on Sunday morning last, in which the mother of three children was hit by a stolen car driven in a dangerous and reckless fashion. After a night out in the city, a couple were walking home crossing the road, when a car struck Mrs. June Atkins and dragged her 200 yards. She died as a result of the accident.
This appalling crime has left a deep sense of sympathy but also anger in the community at the horrific consequences of this high speed driving addiction which has caused so much death and destruction on our streets. There was much anger in Ballyphehane in Cork city and in the community at large after the initial shock of the tragedy. There was anger as the facts began to emerge regarding the perpetrators of this crime.
It appears the person involved in this incident has had a previous history of such a crime. Is this true? He had been in prison for jumping bail and was on temporary release for the past three weeks. How would someone with such a history qualify for temporary release? There are many questions being asked on the streets of Cork about the revolving door system in our prisons. This is a senseless system whereby an individual can be imprisoned for a crime by the courts and can be out on the streets in a short time, free to carry out his reckless hobby of dangerous driving, leading to possible fatal injury.
When will the State get tough on those who commit this appalling crime? Joyriding does not merely involve stealing, it is a murderous crime. The full rigours of the law must be used to protect innocent people on our streets and criminals from themselves. How many more deaths will occur as a result of "deathriding" before the Minister acknowledges the need to act on the issue? He must address the fact that this crime does not merely involve the theft of cars, it can and will lead to death. Anyone stealing a car and driving in such a dangerous fashion should be charged with manslaughter if they kill someone, nothing less will keep our streets safe.
Is the Minister aware that three of the five stolen car fatalities in Cork this year involved offenders on early or temporary release or convicted car thieves? This horrific hobby of "deathriding" is addictive, but a person who apparently has a less than satisfactory relationship with our prison regime was considered suitable for temporary release. Was this a so-called Christmas release? If so, why did it come so early? Why do others in the State begin their Christmas holidays on 23 December while criminals of this sort are given long holidays to inflict terror and tragedy on the community? What will the members of the Atkins family, who tomorrow bury their wife and mother, do for Christmas?
Did the Minister not consider it was highly likely the individual who committed this crime would carry out his "deathriding" hobby while on temporary release from prison? As far as I am aware there are no programmes in Cork prison to confront convicted joyriders with the reality and dangers of their lethal habit. Many would argue that prison affords these young men an opportunity to boast and brag about their feats behind the wheels of stolen cars. Prison and our system of early release do not appear to be a deterrent to these "deathriders".
In Cork yesterday, a Garda inspector confirmed that the incidence of car theft there is again on the increase. He appealed to the courts to help to stamp out this problem by imposing stiff sentences. Is the Minister listening to the Garda Síochána and will he respond to its calls for assistance with the problem of "deathriding" which has claimed five lives this year in Cork. It must be frustrating for gardaí to see persistent offenders convicted, sentenced, imprisoned and then returned to the community on early release. Why was the individual in question, who has jumped bail, considered for early release and granted same? What does the Minister intend to do to tackle this lethal crime which is ravaging our streets?
The five minutes are exhausted, but if the House is agreeable Deputy O'Flynn may make a short contribution.
I thank the Leas-Cheann Comhairle for permitting me to contribute and I thank Deputy Clune for sharing time. My sympathy goes to the Atkins family on the tragic loss of a wife and mother at the weekend. I know the family well and two of Mrs. Atkins's nieces worked with me during the 1997 election campaign.
Another innocent person has been mown down by a reckless driver. On 17 March 1997 two innocent young men, Trevor O'Connell and Stephen Kirby, tragically lost their lives as a result of a joyriding incident. However, the person who is alleged to have carried out this crime has still not gone to trial because he has frustrated the legal system for the past 18 months. We must reconsider and review our policy on early releases. Sentences must be served, stiffer sentences imposed and, if necessary, the law must be changed and strengthened.
I extend my deepest sympathy to Mr. Atkins and his family on their tragic loss. I have been informed by the Garda authorities that Mrs. June Atkins sustained fatal injuries in a traffic accident involving a stolen vehicle on Sunday last, 13 December 1998, at the junction of Pearse Road, Pouladuff Road, Ballyphehane, Cork. I have been further informed by the Garda authorities that a suspect was arrested and detained under the provisions of the Criminal Justice Act, 1984. The House will appreciate that I am precluded from commenting further on this accident as the Garda is preparing a file for submission to the DPP.
The offence commonly referred to as "joyriding" is a criminal offence under section 112 of the Road Traffic Act, 1961, as amended, which prohibits the taking of a vehicle without the owner's consent. The problem of joyriding is not a new one and has diminished significantly from the high figures of the 1980's when Deputies will recall it reached its peak. There has been a steady decrease in the number of vehicles stolen — in 1997, a total of 13,500 vehicles were stolen as against a total of 21,000 in 1980. However, notwithstanding the overall picture, there appeared to be an increase in this activity last year in the Cork area. I assure the House that the Garda is pursuing a policy to curtail this activity.
This policy includes the following enforcement initiatives. The stinger vehicle stopping device has been used three times in Cork city since its introduction in 1997. There are 17 such devices assigned to the various Cork divisions. However, this device is used only when it is safe to do so. Stinger is a vehicle stopping device which is placed across the road which punctures the tyres of the vehicle with spikes in a controlled manner. The device is kept in a special case in the boot of a patrol car. The Garda Síochána has 172 stinger vehicle stopping devices and they have been issued to selected stations throughout all divisions and specialised units. Higher visibility patrols using four wheel drive vehicles and regular check-points have been put in place. The Garda air support unit has also been used successfully on a number of occasions in dealing with stolen car offences. The Garda also has power under section 41 of the Road Traffic Acts, 1994, to stop and detain vehicles driven by under-age drivers.
In addition to these measures, the Garda is working closely with local communities in youth diversion programmes. I support and fund these programmes which are community-based with the support of the Garda Síochána, which are designed to divert young people away from crime, including joyriding. These 14 such schemes are in existence throughout the country. Three are in the Cork area, where there is also the Cork auto diversion project which comes under the auspices of my Department. These programmes are predominantly aimed at young people and involve various activities, sporting or otherwise, counselling, informal group work, education, group family and after-care support programmes, antivandalism pro-environment programmes and other activities appropriate in each of the specific catchment areas.
The aim of these programmes is to prevent crime, to divert young people from becoming involved in criminal or anti-social activity, to improve the quality of life of young people, to provide activities aimed at improving life and communicating skills and personal development and to promote Garda-community relations. These programmes are managed by members of the Garda Síochána, the probation and welfare service and various voluntary and statutory groups.
In addition, the Garda Síochána community relations section runs ongoing schools programmes throughout the country. The objective of these programmes is to make young people aware of the danger of involving themselves in crime generally. The Garda liaises with local authorities with a view to introducing more traffic calming measures in trouble spots. The Garda authorities keep the situation with regard to unauthorised taking of vehicles under review and are ready to introduce any measure which will combat this activity, including the purchase of necessary equipment and reviewing policing on the ground.
The Garda Síochána will continue to work closely with local communities, local authorities and State services to deter young people from getting involved in this activity. I have asked the Garda authorities to maximise their efforts to deal with this problem. I have also requested them to report to me specifically in respect of the incidence of this activity in the Cork area. I have asked them to identify any additional measures needed to tackle and curtail this problem in Cork. The House may be assured that I will support and finance any necessary measures which the Garda suggests should be taken.
The Minister's time is exhausted. However, with the agreement of the House, he may conclude. Is that agreed? Agreed.
With regard to the question of temporary release, this is a feature of prison systems internationally and has been operated under statute in this country since 1960 by successive Ministers for Justice under the Criminal Justice Act, 1960. Prisoners are granted temporary release for a variety of reasons ranging from a few hours, for example, to visit a seriously ill relative, early release which may be renewed weekly or full temporary release in the last weeks of their sentences.
(Mayo): They are not allowed to be unsupervised.
All temporary releases are subject to certain conditions and, in most cases, the prisoner must report on a daily basis to a local Garda station. In a substantial number of cases the granting of temporary releases may be affected by pressure on prison accommodation, in other words, prisoners may be released earlier than planned due to overcrowding. This has been the case for several years.
On numerous occasions when in Opposition — I accept that this does not relate specifically to this case — I stated that the problems surrounding temporary releases had to be resolved. That is why on taking office I approved the largest increase in the number of prison spaces in the history of the State. Although I have been criticised by politicians and others, this is the correct stance. The provision of additional prison spaces is of crucial importance to the proper administration of the criminal justice system. Even if adequate accommodation was available, prisoners have to be prepared for release and in many instances temporary release is an important vehicle for reintegrating an offender into the community in a planned way.
A number of factors are taken into account when granting temporary release. These include the nature of the offence committed, the length of the sentence imposed and served to date, compassionate grounds which might warrant special consideration, the behaviour of the prisoner in custody and the need to protect the community.
I have done my level best and made strenuous efforts to reduce the number of offenders on temporary release. Since taking office 70 spaces have been provided in Limerick Prison and 152 at the new prison in Castlerea. The prison building programme is on target to make available 995 additional prison places by the end of 1999. These will help to eliminate the problem of overcrowding and thereby tackle the need to grant related temporary release. The number of offenders on temporary release taken as a proportion of the total number serving sentences has dropped significantly from 19 per cent in early December 1997 to 13 per cent at the start of this month.
(Mayo): What is the actual number?
It is my firm intention to oversee continuation of this trend as the Government's ambitious prison building programme progresses. In general terms, not in relation to the specific case, for as long as prisoners are released on the criterion that there is a shortage of space, confidence in the criminal justice system will be undermined.