Thank you, Chairman, for allowing me to raise this matter and I also thank the Minister for coming to the House to reply.
What proposals has the Minister for Justice to change the appeal system in District Courts which allow known criminals a further 6 month period to continue committing crimes and will she consider an arrangement with the Minister for Defence to make prison places available at a selected number of Army Barracks on a pilot basis?
The fight against crime in Galway city is being seriously hampered by the criminal justice system which all too often favours the hardened criminal. The Garda force in Galway does an excellent job in preventing crime and apprehending criminals. However, it is hampered in its efforts to reduce violent crimes and larceny by a relatively small number of ruthless criminals.
There are approximately 20 hardened criminals operating in Galway city who are regularly brought before the courts by the Garda. Their ability to use an outdated criminal justice system stacked in their favour, allows them to be responsible for the majority of criminal activity in the city. Such criminals are charged before Galway District Court with larceny, theft and criminal damage. Cases are adjourned to allow the accused get free legal aid, and may not come back to the District Court for a further month, a month in which the criminal will continue his crime spree. If convicted in the District Court, the criminal invariably appeals to the Circuit Court. This may involve a waiting period of up to six months for a Circuit Court hearing during which time the criminal is again set free in the knowledge that crimes committed during this appeal period will more than likely receive the same punishment as the original crimes of which he or she was found guilty. The Garda will oppose bail but this request is usually refused and the criminal will receive the sentence for crimes committed while on bail that he received for the original crimes.
When he is eventually sent to jail, his sentence is reduced, mainly because of pressure on prison space. A criminal sentenced to six months in prison can end up in an open prison such as Loughan House within a matter of days and be back on the streets of Galway within a matter of weeks, thanks to early release. We have had several examples of that happening to some well known Galway criminals. There have been recent examples of criminals taunting gardaí on their return to Galway following early release.
Following my research during the last number of months, I am satisfied that much of the crime in Galway is committed because of this highly unsatisfactory system of justice which is being abused by hardened criminals and which places the Garda in an impossible situation. There is an urgent need to change the system so that criminals are locked up quickly on conviction and are kept in prison until the end of their sentences. The laws on bail should be changed and indications of a constitutional change in this respect are welcome.
Legislation in respect of the right to silence must also be changed as a matter of urgency. A criminal must at least be forced to account for his movements. His right to stare a spot on the wall and remain silent makes Garda investigation virtually impossible.
Where there are previous convictions and where the Garda recommend that a full sentence should be served, any form of early release should be ruled out. That will invariably create a demand for more prison spaces. The possibility of using Army barracks as a temporary measure for less difficult criminals should now be explored, with a view to creating extra places in secure prisons.
Many appeals to Galway Circuit Court by people with criminal records have no merit. Criminals are abusing a court system, which has broken down. I ask the Minister to appoint a permanent Circuit Court judge in Galway to cut appeal delays of up to 12 months. For example, there are currently 1,800 civil cases awaiting appeal to Galway Circuit Court. This is in addition to family law and criminal cases which are also significant. The list system involves a minimum delay of six months for criminal appeals from the hardest criminals who are constantly committing crime in Galway. These appeals have no merit and convicted persons are being apprehended by the Garda while they are out on bail or while awaiting hearing of the appeal.
A further deterrent against frivolous appeals would be to remand the person on a minimum bail of £1,000. The Minister must take decisive steps such as I have suggested to deal with the chaotic situation in Galway where justice delayed is justice denied.
In regard to the proposals on Army barracks, the Minister should seek Government approval to enable the Minister for Defence to enter into negotiations with the Army authorities and PDFORA to put in place a plan for the provision of a number of prison places in a selected number of Army barracks. Extra financial resources should be made available to the Army to adapt and update barracks to provide the appropriate level of security and also to remunerate Army personnel for their role as prison warders.
Barracks can be upgraded and adapted successfully. For example, Dún Uí Mhaolíosa at Renmore in Galway has a number of under-utilised buildings which are ideal for secure prison accommodation and which could be adapted for that purpose. The services required, such as catering, medical services etc. could be expanded cost effectively to cater for a further 30 people. Additional security and protection structures could be put in place to secure an already secure facility. Such a development would take the most notorious criminals off the streets of Galway and would substantially reduce the present unacceptable levels of crime.
We have 20 violent criminals in Galway who have committed larcenies, housebreakings, stealing of cars etc. in recent months. They have been put in jail, returned from jail to Loughan House and to the streets of Galway within a matter weeks. They are again being apprehended on the streets of Galway. They will go through the same rigmarole, which means that they may not reach a prison again for another 12 months.
A Galway drug dealer and dangerous criminal was given a four month sentence in Mountjoy Prison but within a matter of weeks, he was in Loughan House. He escaped from there and came back to Galway, where he started to steal cars one weekend. He was apprehended by the Garda in a stolen car and sent back. That practice has got to stop. There was a robbery in Clifden a few months ago, in a high profile case. Three robbers broke into a supermarket. The owner heard the commotion during the night, grabbed his shotgun and injured one of them with it. Two of those criminals were out on early release from prison at the time and the third one has a record of crime in Dublin. However, they have taken a case against this man for personal injury which occurred as a result of him trying to protect himself and his premises.
The criminal is now on top and until such time as we take radical initiatives such as those I have proposed, we will not come to grips with crime.