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Dáil Éireann díospóireacht -
Tuesday, 15 Apr 1997

Vol. 477 No. 5

Private Members' Business. - Non-Fatal Offences against the Person Bill, 1997: Second Stage (Resumed).

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

Prior to adjourning this debate I said it seemed that Labour and Democratic Left must have their merry way in framing criminal justice legislation. Irrespective of the flaws in their arguments, or the will of the vast majority of law-abiding citizens, they appear to believe they know best. They will not be thanked by people in the eastern division of the Dublin metropolitan district, where there was one indictable offence in which a syringe was used in 1993, four in 1994 and 11 in 1995; by those in the north-central division, where there were 33 such offences in 1993, 76 in 1994 and 145 in 1995; by those in the northern district, where there were 19 such offences in 1993, 38 in 1994 and 79 in 1995; by those in the south-central division, where there were 66 such offences in 1993, 112 in 1994 and 176 in 1995; by those in the southern division, where there were 35 such offences in 1993, 85 in 1994 and 94 in 1995. We do not have the breakdown in the Dublin metropolitan area for 1996 but the figure for the country reached 1,252 in that year and the vast majority of these offences were committed in Dublin. Those figures are rising rapidly.

There is a crucial difference between the approach of the rainbow coalition Government to syringe offences and that of Fianna Fáil. In setting out the sentences it feels should be imposed, the Government uses the words "not greater than" or "shall not exceed". Fianna Fáil uses the words "shall not be less than". We believe society has the right to impose minimum sentences in respect of serious offences; the rainbow coalition Government, no doubt because of the influence of Labour and Democratic Left, believes the opposite. Those who believe that imprisonment for offences such as these does not constitute a deterrent are badly mistaken.

Labour and Democratic Left have an undue influence in framing criminal justice legislation when it is largely photocopied from Bills published by Fianna Fáil. In this context it was remarkable to hear the Tánaiste deliver a speech on crime in the past week. As always on issues of this kind, he spoke the tough, populist language expected of a politician in the throes of an election, facing an electorate which, to say the least, has not been amused by his performance on this issue. He spoke as if he were an Opposition politician and although he talked tough, he does not act on the issue. He appeared implicitly to criticise the performance of the Minister for Justice during the reign of the fast-fading rainbow coalition Government. He complained that sentences were not harsh enough and prison places were too few. He said the only place for criminals was prison. While he is right to say that, he conveniently forgot that his own Minister for Finance had unilaterally decided not long ago that there should no place for criminals in prison.

The blather of his backbenchers on Dublin radio stations every Sunday night is coming home to the electorate as the howl of those left in the wilderness, not knowing where to go, having lost their way through having been directionless for so long on an issue of such fundamental importance to the people of this city and country. All the humbug in the world in the dying days of the rainbow will not be sufficient to rescue the Tánaiste's and the Minister, Deputy De Rossa's backbenchers from an electorate which has been outraged by the division and derision with which this Government has treated the crime issue.

People were surprised that a man convicted of three manslaughter offences had been loose in Ireland in the last two years while wanted in Britain to serve out his term, but I do not understand their surprise. Our home grown criminals roam the streets day and night, having been released under the open door policy operated with such abandon by the Minister for Justice and the coalition. It would be a sick joke except that countless unfortunate people are the victims of this negligence.

It is all very well for the Minister for Justice to plead she inherited difficult circumstances but everyone recognises that for the past few years the number of serious crimes has risen, violent crimes are becoming ever more violent and, as a consequence, the sentences imposed by the courts have become longer. It should have been known it would be necessary to provide a sufficient level of prison spaces, in the short term at least, to solve this problem. The rainbow coalition Government cancelled the proposed prisons in Mountjoy and Castlerea.

In July 1996 there was a sudden realisation among the so-called civil libertarians of the left, those who would adorn themselves with the red band of the rainbow, that something needed to be done. However, that was not because they believed something needed to be done. It was because they suddenly realised their seats were in grave jeopardy. One after another, as sure as night follows day, they clambered and scampered to get aboard the referendum shuttle in autumn 1996.

It was strange in July to see the Labour Party Minister for Finance bring the Criminal Assets Bureau Bill, 1996, to the House to establish the Criminal Assets Bureau. It was stranger still to see him and other members of the rainbow coalition Government subsequently boast that only for them the assets of criminals could not be frozen or seized.

Let us nail the lie. The harsh truth is that Fianna Fáil's Proceeds of Crime Bill, 1996, was a central plank in the Government's response to organised crime because the Government had no philosophy, ideology or ideas on how to deal with it. The Criminal Assets Bureau was an axiomatic consequence of the Proceeds of Crime Bill, 1996. There is no point, now that the horse has bolted, in any member of the Government trying to pretend that Fianna Fáil's achievements are theirs.

The Minister for Justice said she was not ashamed of the fact that she had copied Fianna Fáil's legislation and that she was right to do so if the legislation was worthwhile. I have no objection to the Minister for Justice copying Fianna Fáil legislation, proposals and provisions. However, I strenuously object to the political hypocrisy and opportunism of those who now seek to claim what was never theirs in the interests of little more than political expediency. The electorate will see that for the humbug it is and recognise that, since the protection of people's lives and property is, in the hierarchy of obligations, a superior obligation, an Opposition which leads the fight against crime should be in Government.

I thank everyone who contributed to this interesting and important debate. The Non-Fatal Offences Against the Person Bill, 1997, is an important legislative proposal. Deputies have rightly drawn attention to some of the modern manifestations of crime and the unfailing ability of criminals to adjust to modern circumstances and exploit modern situations. This is precisely why it is necessary to take down old statutes, brush the dust off them and look critically to see if, and how, they need to be updated or restated in modern statutory terms to deal with the criminal acts being perpetrated in society in 1997.

Such updating in relation to non-fatal offences against the person is vital because these offences lie at the core of our criminal law. The provisions in this Bill are the result of very careful drafting which takes account of the recommendation of the Law Reform Commission on this subject, made, of course, after its usual detailed examination.

The Minister for Justice has also taken the view that any updating of the criminal law would not be complete unless it also addressed new criminal developments not already covered or not fully dealt with by existing law. Accordingly, she has included provisions in the Bill to deal with the modern crimes of stalking and syringe attacks.

It is also, of course, appropriate that a Bill which seeks to modernise the law relating to the variety of assaults which can be committed against the person should also address the modern phenomenon of the use of syringes as wea-pons to attack, intimidate or cause serious injury to the person. The Minister has provided in this Bill for a range of offences to combat such conduct, including the offences of possession of a syringe or container of blood with intent to threaten or injure, placing or abandoning a syringe in any place in a manner which is likely to injure any person, injuring a person with a syringe or threatening to do so and throwing or putting blood on another person or threatening to do so. The penalties provided will range from five years to life imprisonment.

A great deal has been made by Opposition Deputies of their Private Members' Bill to deal with syringe attacks which was introduced by Deputy O'Donoghue. There is much to admire in the Deputy's zeal and attention to this matter in responding to the problem by so quickly producing a Private Members' Bill. However, as the Minister for Justice indicated to the House, while that Bill was well intentioned it was inadequate to deal with the range of criminal behaviour involving syringes which, unfortunately, is increasing in society. The provisions of the Non-Fatal Offences against the Person Bill, 1997, are, on the contrary, comprehensive and deal with all aspects of this most serious problem. They also provide for a range of penalties to reflect the degrees of seriousness of the different forms of criminal behaviour concerned.

Deputy O'Donoghue complained that the Minister's provisions relating to syringes do not provide for minimum or mandatory sentences. Clearly, the Deputy does not trust the Judiciary to weigh up the circumstances of each case and to ensure the punishment fits the crime. Would the Deputy deprive a judge of the possibility of imposing a lesser sentence where, for example, the offender indicates participation in a drug treatment programme? Of course, no two cases are ever identical. That is why the law only in the rarest of cases, such as murder, provides for maximum rather than minimum sentences. There is certainly clear evidence that the courts are prepared to impose sentences at the maximum end of the range, as some recent cases show.

It is clear the problem of stalking is of great concern to this House and the public. The Minister for Justice shares that concern. Stalking is a very serious interference with the peace and privacy of the individual. The Minister has, accordingly, provided in this Bill for a new offence of harassment which will be punishable by up to five years' imprisonment. The provisions in this Bill are intended to provide very important protection to anyone who is the subject of a stalker's attention. That protection includes empowering the court to order the stalker not to communicate with the victim for such period as may be specified by the court or to approach the victim's residence or place of employment.

Deputies have raised a number of issues in relation to this Bill and I will bring their comments to the attention of the Minister for Justice who intends to carefully examine all the comments made. As she indicated at the beginning of the debate, the important thing is to get the best possible legislation in place to protect our citizens. If, having considered the comments of Members on this Bill, she thinks it necessary to do so, she will make proposals to ensure this very important body of legislation is as watertight and effective as possible in protecting our citizens against criminal attacks.

Question put and agreed to.
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