asked the Minister for Justice if he has satisfied himself with the present operation of barring orders; if he will give stronger powers to the Garda in the enforcement of such orders; if he is aware of widespread concern regarding the present weakness of such orders due to the lack of enforcement by the Garda and the inevitable delays involved in the necessity to issue a second summons in respect of a breach of orders; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Barring Orders Enforcement.
11.
As I informed the House on 14 June 1978, in reply to a previous parliamentary question (col. 1093) I was aware at that time that difficulties could arise in the enforcement of barring orders in certain cases. I also said then that it did not follow that amending legislation was either necessary or appropriate, that other approaches to the problem might be preferable and that I was having the matter examined.
Subsequently, an instruction was issued by the Garda Commissioner drawing the attention of all members of the force to the penalties for a breach of a barring order and directing that any complaint of a breach of a barring order should be attended to by the Garda, who may themselves institute proceedings in respect of that offence. The instruction also drew attention to the circumstances in which arrest without warrant may be made in such cases.
Additionally, a meeting was held earlier this year between representatives of the Garda Síochána and various interested groups to discuss the problems involved.
The indications are that the position has since improved: in particular, no complaints have been received at Garda Headquarters since the date — 9 January last — of the meeting that I have mentioned. It may be too soon to say that the problem has been dealt with. I should perhaps make it clear that the solution frequently advocated, namely the provision of powers of arrest without warrant, would not necessarily improve the situation — arrested people would normally get bail — and it could, in certain circumstances, make it worse. On the other hand it could, on balance, prove to be the better approach. There are arguments for and against and I shall be keeping the matter under review in the light of experience gained as to how the current instructions work out. As I have said, the Garda have received no complaints since their last discussion with interested groups, as early as last January.
I appreciate the Minister's concern but does not the fact that complaints have not been received by the Garda simply mean that people have got tired of complaining?
Interested parties have had discussions with the Garda and the Garda issued specific instructions as a result. These people have been invited to keep in touch with the Garda. We want to see how the instructions are working out.
Is it the Minister's feeling that barring orders are more effective than they have been in the past?
I agree.
Will the Minister keep an eye on the position?
Yes.