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Seanad Éireann debate -
Wednesday, 17 May 1995

Vol. 143 No. 8

Adjournment Matters. - District Court Appeal System.

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 Their ability to use an outdated criminal justice system stacked in their favour, allows them to be responsible for the majority of criminal activity in the city.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.

I have no proposals to change the appeal system in the District Court. A basic and integral feature of our court system is that the decisions of a court may be appealed to a higher court. The law provides that there is a right to appeal decisions of the District Court and in accordance with the Courts of Justice Act, 1928, as amended by the Courts of Justice Act, 1953, every appeal in a criminal case of an order of the District Court lies to the appropriate Circuit Court.

Appeals of decisions of the District Court are generally returned for hearing at the next Circuit Court sitting. Persons appealing decisions of the District Court can apply to the District Court for bail pending the hearing of their appeal. The decision to grant bail and the terms and conditions on which bail is granted are a matter for the judge. The Government's policy document A Programme for Renewal provides for “an examination by the Law Reform Commission of legislation to allow courts to refuse bail when the court considers it desirable to do so.” The Minister has asked the Attorney General to ensure that the Law Reform Commission's review takes into account the terms of the Programme for Government.

In relation to the provision of additional prison places, I am proceeding with plans to provide 210 additional places in two purpose built institutions — 150 for male offenders at Castlerea, County Roscommon, and 60 for female offenders at Cowley Place, near Mountjoy. Construction of these two prisons is expected to commence later this year and completion is expected early in 1997.

My Department has examined the question of empty Army barracks being used as places of detention in the past and, generally, has found surplus Army accommodation to be unsuitable for adaptation for custodial purposes. In particular, such premises have not readily lent themselves to providing the type of secure cellular accommodation that is the most necessary requirement at this time.

While it does seem an attractive idea, the reality is that it would require excessive investment of public moneys to make most of these barracks secure and manageable for the detention of prisoners. If the required money were available, it could be used more cost effectively in either building from scratch or extending existing civilian prison buildings.

This Department has, in the past, adapted military detention barracks at Cork and Arbour Hill in Dublin for use as civil prisons. This was feasible in both of these cases because the high perimeter wall, the cell block and the exercise yards were already in existence and they needed only the upgrading of sanitary and electrical services. Buildings for education, work training, recreation and staff facilities were also added. The costs incurred in adapting these two barracks in 1975 was approximately £10.8 million, which if updated to today's values would represent approximately £41 million to provide 272 prison places.

The only attempt by the Department to adapt conventional Naval accommodation at Fort Mitchel in Spike Island as dormitory accommodation for low risk category prisoners ended disastrously when the prisoners rioted and set fire to their accommodation within months of occupation in 1985. Alternative arrangements and adaptation works to provide secure prison accommodation had to be undertaken subsequently. A proposal to use Collins' Barracks in Dublin was examined by my Department in 1993. The conclusion was reached that the barracks were unsuitable for adaptation and that the costs involved in adapting would be excessive.

In summary, the accommodation which would materialise from adaptation of Army barracks would generally be of limited value. Within the constraints of the existing buildings, only open type dormitory accommodation is generally feasible. This is totally unsuitable for the vast majority of offenders who require a much higher level of security. The risk of riots in such situations is greatly increased with potential danger to life and limb as well as extremely costly material damage to the buildings. Extraordinarily high staffing levels would be needed.

Overall, I am satisfied that the provision of 210 additional prison places together with a major ongoing programme for the refurbishment of existing accommodation and the adoption where appropriate of non-custodial measures, such as community sanctions and measures at the court stage, as well as programmed and structured early release under supervision, will go a long way towards solving any current deficiencies in the prison service.

I will take the points the Senator made in relation to the barracks in Renmore and will ask my officials to examine that proposal. The comments made by the Senator in relation to the current crime wave related for the most part to drugs. This experience is reflected in many towns and cities throughout the country. The Senator will be aware that a series of co-ordinated measures to address all the different complex elements of the problem was announced by the Minister for Justice in the debate in the other House.

These waves of both small scale and large scale robbery are extremely damaging to our enjoyment of the economic and social progress which the country has made. Everybody is particularly sensitive to the question of the availability of arms in the context of the very welcome peace process. A number of factors are contributing to the problems we are experiencing. I will take the specific points in relation to early release raised by the Senator into account.

I am sure the Senator recalls that, despite the many efforts made to address the situation when Deputy Geoghegan-Quinn was Minister for Justice, the problem of crime has unfortunately continued to grow in society. This problem is complex and is linked to social deprivation. I have been involved in many community initiatives in Galway which deal with the problems of deprived communities in and around Galway city. Substantial progress has been made by community groups in addressing the needs of their own area in co-operation with institutions ranging from church bodies to University College, Galway. However, all that positive and very welcome progress will come to naught unless we, as a society, are able to address the crime issue. I thank the Senator for raising the matter. I will take up the specific points he raised with my officials.

Perhaps officials in the Department might respond to the other issue, that is, the appointment of a Circuit Court Judge.

Yes. The Court and Court Officers Bill is being finalised in the Department and one of the issues to be addressed is additional judges. I will raise that point.

The Seanad adjourned at 9.10 p.m., until 10.30 a.m. on Thursday, 18 May, 1995.

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