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Dáil Éireann díospóireacht -
Thursday, 29 Oct 1992

Vol. 424 No. 6

Adjournment Debate. - Finglas (Dublin) Incident.

I am grateful to have this opportunity to raise, albeit with great sadness and seriousness, this case in the House. I have tabled a question to the Minister for Justice dealing with the substance of this matter but following the events of last weekend there is now greater urgency attaching to it. I felt it was right to seek to raise the matter on the Adjournment and I am glad that I have been given the opportunity to raise it this week.

Last Sunday night Daniel Kavanagh, a 16 year old schoolboy, died following a scuffle with a gang of six or seven youths which ended tragically. People living in the Finglas area have been saddened, shocked and devastated by this loss. Huge numbers of young people along with their parents attended the funeral services on Tuesday and Wednesday. The question that was on all their lips was how had it come to this, that families cannot go about their normal business safely and a teenager with two friends cannot go and get a video on a Sunday night. Underlying this sadness there was anger at the lack of resources and the slow response in introducing legislation to provide the Garda with the tools that they need to do the job and to prevent incidents such as this occurring.

In common with other Deputies and councillors in the area I have attended the launch of an extraordinarily large number of neighbourhood watch schemes in Finglas and Ballymun during the past few months. At each of these meetings the point has been made repeatedly to the politicians, as the community strive to combat crime, that the Garda Síochána in seeking to deal with the most common problem, the gathering of youths in public places, such as street corners, garden walls, outside shops and parks, can only talk to these youths as they do not have the power to move them on or to ask them to go home. It is not an offence to drink in public. Legislation has been long promised but it is very slow in coming.

On the night in question the gang involved were at the location concerned two hours earlier. If the Garda had the power to move them on perhaps this tragedy could have been avoided. The members of the force in Finglas are outstanding and much respected in the community. However, they are faced with an impossible task due to the lack of numbers and the fact that their hands are tied behind their backs. The old powers under the law relating to breaches of the peace and loitering have been repealed and nothing has been put in their place. As a consequence, communities feel unprotected. I gave the community an undertaking before this incident occurred that I would raise the matter in the House in the next ten to 14 days to see at what stage legislation was at and when we could expect it to be introduced.

There is a great need to provide extra resources. There are six community gardaí in Finglas and they are much loved and respected but this number is inadequate in policing an area with a population of 17,000 and in maintaining a presence. We need to put gardaí on the beat and engage in community policing, in addition to giving the Garda the power to move groups of young people on before they become drunk and disorderly, to prevent trouble arising and tragedies occurring. Both sides know that the Garda have no powers. The Garda also know that if they suggest to a person that they should accompany them to the station, they are going beyond their powers.

Let me make two further points. In recent months two public houses on the outskirts of Finglas have closed, partly due to the recession and partly due to other factors. The business community is tightly knit and has invested enormously in upgarding their premises. They have proposed that a business watch programmed should be devised in the village. They intend to invest money but they need the support of the Department of Justice in making the community a safer place in which to live.

With your permission a Cheann Comhairle, I would like to give one minute of my time to my colleague, Deputy Tunney.

Is that satisfactory? Agreed.

I thank both the Minister of State and you, a Cheann Comhairle, for giving me the opportunity to express briefly my heartfelt sympathy and the sympathy of this House to the bereaved and, understandably, numbed members of the Kavanagh family on the tragic death of their boy, a blossoming young man whose precious and unique life was taken away in such an unnatural, unwarranted and highly tragic fashion.

What happened is not peculiar to any one spot but representative of the new menace abroad. I am thankful to the Minister for Justice to whom I made representations on this matter some months ago, as a result of which he indicated to me in this House that legislation was in the course of preparation.

As I see it, the menace in question is not going to be solved in any gentle, legalistic fashion but will have to be attacked and a response made to those young people who seem to be indulging in excesses of freedom which cannot be tolerated in any just or right society. For my part, while, traditionally, I would like everything to be done in a sympathetic and effective fashion, this menace is not going to be cured unless we give to our esteemed gardaí powers beyond those regarded as acceptable to date.

First, I should explain to the House that my colleague, the Minister for Justice, is unable to be present due to his involvement in the talks in Belfast and that the Minister of State, Deputy O'Dea, is involved in the proceedings in the Seanad.

At the outset I would like to express my sincere sympathy to the family of the young man who was killed at the weekend apparently as a result of a wanton, unprovoked and violent assault. I know that whatever I say here this evening will be of little comfort to the family of the bereaved but I would like to assure them and the House that the Minister for Justice is determined to ensure that the persons responsible for this despicable act will be brought to justice. While it is not the practice for the Minister for Justice to give detailed information to the House about individual Garda investigations I can inform the House that a number of individuals have made statements to the Garda in connection with this incident. A file is being prepared on the matter which will be submitted to the Director of Public Prosecutions for directions.

With regard to the Garda strength in Finglas, there are 59 gardaí assigned to Finglas Garda Station. Foot and mobile patrols are carried out on a regular basis in the Finglas area. At present the area is also patrolled regularly by members of the divisional task force and the district detective unit car. In addition there are five community gardaí who keep in close contact with the community through the various residents' associations and the neighbourhood watch groups. There are 24 neighbourhood watch schemes in the Finglas area involving 5,849 households. On behalf of the Minister for Justice I would like to commend those involved in these schemes and to encourage even greater co-operation between the local community and the Garda. This kind of co-operation is vital in the fight against crime. The crime figures for the sub-district of Finglas have fallen by almost 17 per cent between 1989 and 1991 and the indications are that this trend is set to continue this year. The policing arrangements for the Finglas area are kept under continuous review by the Garda authorities and all resources will be used to maximum effect given the overall demands of the force.

I now want to turn to the legal issues involved here and to stress that the Garda are not operating in a legal vacuum in regard to acts of public disorder. The intoxicating liquor laws were substantially strengthened in 1988 to deal with the problem of under-age drinking. The Garda also have certain powers already including the power of arrest for breaches of the peace which can be used in these cases. However, the Minister for Justice accepts that there may be an argument for additional provisions to strengthen the hands of the Garda to deal with potential cases of serious mis-behaviour in public which can lead to random violence. The Department of Justice are currently in the process of preparting draft legislation to modernise the law in certain relevant respects as recommended by the Law Reform Commission. These new provisions will apply to adults as well as to persons under 18 and they are specifically targeted at the problems caused by wandering groups of youths who are out just to cause trouble. They include the creation of offences relating to: (a) persons being found drunk, or under the influence of drugs, in such circumstances that they are a danger to themselves or others; (b) the use of threatening, abusive or insulting behaviour in a public place; and (c) disorderly conduct as, for instance, shouting, singing or generally obnoxious conduct in circumstances likely to cause annoyance to other persons in the neighbourhood.

These new offences will carry the power of arrest and liability to substantial fines and, if drink is involved, the Minister for Justice intends that the Garda will have the power generally to confiscate it on the spot. It is his intention to bring forward the necessary legislation to deal with street intimidation as a matter of urgency.

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