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Seanad Éireann debate -
Wednesday, 3 Jul 1996

Vol. 148 No. 8

Criminal Justice (Drug Trafficking) Bill, 1996: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

I thank Senators for their thoughtful and constructive contributions. It is inevitable that, as well as dealing with the contents of the Bill, Senators voiced their concerns about crime in general. The House will be aware that yesterday the Government approved a major package of initiatives as part of the fight against crime, in particular organised crime.

I will outline the major features of that package. Many of the measures represent the culmination of work that has been going on for some considerable time. They have been subject to painstaking analysis and research and strike a measured and appropriate balance in dealing with the crime problems that confront our community. The package is not exhaustive and the Government will continue its work on developing other proposals to respond effectively to the problems debated on Second Stage. The contributions of Senators to the debate form a useful contribution to that process.

The package contains measures dealing with the various agencies involved in the criminal justice system. For example, there are additional resources for the Garda Síochána. There will be an increase in Garda strength with the recruitment of an extra 400 gardaí over the next 18 months. An additional 200 civilians will be recruited between now and early 1997 to enable an equivalent number of gardaí to be released from clerical and administrative duties to operational garda duties. As well as providing these additional resources, the Government has approved the carrying out of a full review of the efficiency of the Garda Síochána under the Strategic Management Initiative to be completed by the end of this year.

A number of Senators raised the question of better co-operation between the various agencies in targeting the assets of criminals. I am sure they will welcome the fact that the Government will set up a special unit, headed by a member of the Garda Síochána, to target suspect assets. This special unit will comprise members of the Garda and officials from the Revenue Comissioners and the Department of Social Welfare.

Yesterday the Government nominated for appointment by the President two new High Court judges under the Courts and Court Officers Act, 1995. It is also proceeding with the nomination of nine Circuit Court judges, including those provided for in that Act, for appointment by the President. A new Bill will be introduced to provide for the appointment of an additional three Circuit Court judges. Special arrangements are being made for additional sittings at the Central Criminal Court and the Circuit Court.

Extra resources for the Garda and the courts would have limited potential unless there is adequate prison accommodation available. In this context the Government has agreed to build a new remand prison capable of holding 400 prisoners on a site already available at Wheatfield. Planning for this project will commence immediately. The Government has also agreed to expedite the prisons building programme approved last January. This includes the main prison in Castlerea, a new women's prison at Mountjoy Prison and a new wing at Limerick Prison. In addition, the Government has approved a new scheme involving intensive supervision of 100 prisoners initially on early release.

During today's debate there was a general welcome for the Bill. It is important to emphasise that it is just one of a range of legislative measures in the criminal justice area the Government is undertaking. The Government has agreed that a constitutional referendum will be held in November to allow the refusal of bail because of a danger of the commission of serious offences. The accompanying arrangements will provide for compulsory review by the court of refused bail applications after four months if the trial has not taken place. Legislation will also be introduced to tighten up the bail laws generally, including requiring a person going bail to act as guarantor for the good behaviour of the accused while on bail. These proposals taken together will rebalance our system of bail in the interests of the victims of crime.

Work is also proceeding on a wide range of other criminal law reform measures which will be discussed in this House over the coming months. These include measures relating to saving Garda time spent in court, insanity, nonfatal offences against the person, juvenile justice and fraud.

The proposal to introduce detention for periods of up to seven days contained in this Bill is a strong measure and Senators are right to be concerned to ensure adequate safeguards are in place in relation to it. We will discuss the details of the Bill's approach on Committee Stage, but I remind the House that persons detained under the provision, as well as having the explicit safeguards which the Bill contains, will also have the protections contained in the custody regulations drawn up under the Criminal Justice Act, 1984.

There is a concern that, because of the understandable emotional reaction to recent events, we might be panicked into proposing hasty and ill-judged measures as a response. That would be a disastrous course of action and I assure the House it is not a direction the Government will take. There is a need for the considered measures contained in the Bill. These measures were prepared with painstaking care and show a proper concern for drawing the right balance in this area. I thank Senators who contributed to the debate.

Question put and agreed to.
Committee Stage ordered for Tuesday, 9 July 1996.

An Leas-Chathaoirleach

When is it proposed to sit again.

At 10.30 a.m. tomorrow.

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