Ceist:
25 Dr. Upton asked the Minister for Justice, Equality and Law Reform the measures, if any, he has taken to implement the concept of zero tolerance as contained in An Action Programme for the Millennium. [3323/98]
Ceisteanna—Questions. - Law Enforcement.
In answers to previous questions I discussed what is involved in the concept of zero tolerance. There should be no need, therefore, to reiterate that it means enforcement of the law of the land.
There are three essential components to the Government's zero tolerance approach to crime. There is a clear and determined focus on tackling those engaged in crime, a determination to ensure the law enforcement agencies are properly equipped and resourced to deal with crime and a commitment to address, and where possible ameliorate, the causes of crime. Action is proceeding on all three.
As regards targeting particular criminal activity, the Deputy will be aware of the Criminal Justice Bill, 1997 which is before the House. I am satisfied this major criminal law reform measure is clear practical evidence of the Government's policy of zero tolerance towards crime, particularly, but not exclusively, towards drug trafficking. The Bill contains a series of very strong measures which are, regrettably, all too necessary as a response to those who inflict such harm on our community. I will briefly list those measures.
The main provisions of the Bill deal with mandatory minimum sentences for persons trafficking in drugs to the value of £10,000 or more, speedier trials arising from the abolition of preliminary examinations and automatic court inquiries into the assets of people convicted of drug trafficking offences with a view to confiscating them. In relation to mandatory minimum sentences, the Bill amends the Misuse of Drugs Act, 1977 to provide for a new offence of possession of drugs with a value of £10,000 or more with intent to supply. It provides for the imposition of a minimum penalty of ten years where a person is convicted of the offence. This will apply automatically, subject to certain limited exceptions relating to the interests of justice. For example, a court will be able to take into account the fact that a person pleaded guilty or materially assisted the Garda in the investigation of the offence.
While the normal statutory remission will apply to persons sentenced for the new offence, the Bill prohibits the granting of temporary release except for grave humanitarian reasons and any such release can be for only the limited duration necessitated by those reasons. Where the court is satisfied a person convicted of the offence was addicted to drugs and that addiction was a substantial factor in the commission of the offence, it may list the sentence for review after not less than one half of the sentence has been served.
The Bill also provides that on conviction for a drug trafficking offence the court will automatically determine whether the offender has benefited from drug trafficking, unless the court is satisfied the amount which might be recovered would not be sufficient to justify the making of a determination, with a view to making a confiscation order. At present under the Criminal Justice Act, 1994 such an inquiry takes place only upon application by the Director of Public Prosecutions.
I have also introduced other pieces of criminal law reform which clearly signal a zero tolerance policy to various forms of offending. As I have said previously in the House, the lasting effects of any Government's crime policies have to be assessed over the long-term rather than the short-term. In the short-term the signs are promising, as evidenced by the provisional crime statistics for 1997 which show that indictable offences are down by approximately 10 per cent over 1996, the largest annual decrease in recent times.
Any long-term anti-crime policy must engage local communities in co-operation with the Garda Síochána. To encourage greater co-operation I have established a Crime Forum which commences on 26 February. This will give a unique opportunity to the general public to contribute openly to the debate on the wide range of issues which impact on crime. Following the forum I intend to establish a permanent crime council, to continue this open approach to crime policy development.
It is essential also that our criminal justice institutions are structured and managed to optimise their contribution to tackling crime. The Deputy will be aware that to achieve this I have embarked on a process of establishing our courts and prisons services on an agency basis and a fundamental review of the probation and welfare service is also under way. Furthermore, the process of implementing the recommendations of an SMI review of the Garda Síochána is in train. A steering committee, with a full time implementation team, has started work in the last month.
Following on from the Government's anti-crime strategy and the commitment in the Government programme, I have introduced a witness security programme in the area of serious organised crime, most notably in the drugs and money laundering areas. This programme ensures the criminal justice system can take prosecutions in cases, which by their very nature attract the most serious and hardened criminals. This new programme provides for a formal structure to process applications by persons who wish to be considered as protected witnesses and are prepared to give evidence against former accomplices.
The programme may be applied to an individual, whatever his or her legal status, who possesses intelligence or information regarded by the competent law enforcement authority as being material to criminal proceedings and who is considered to be at risk because of evidence given in court. The type of programme provided is an operational matter, decided on a case by case basis, by the Garda Síochána following evaluation of available intelligence and includes short-term police protection at the time of trial, new identity, relocation, as well as possible financial compensation.
The programme is under the control and administration of the Garda Commissioner and his senior officers and has a budget of £250,000 for 1998. This money is allocated to a separate sub-head of the Garda Vote to ensure accountability in the expenditure of these moneys.
Other measures introduced include the most extensive prisons building programme undertaken in the history of the State and a commitment to raise the strength of the Garda to 12,000 within the lifetime of this Government. I am in the process of considering further measures that would strengthen existing legal provisions and thus enhance the operation of the programme. These measures are complimentary to the current programme which is already in operation.
My approach, therefore, is wide ranging and comprehensive and seeks not only to put various categories of criminals out of business, but to address the underlying causes and ensure the relevant institutions are properly structured and resourced for the very difficult task on hands.
Dr. Upton
Does the concept of zero tolerance still mean pursuing every offence, including the most minor, and that no crime is insignificant? Will the Minister agree that the term "zero tolerance", when used prior to 6 June 1997, gave the clear impression that the practice of policing would change consequent on his moving into Government? Has there been a change in the practice of law enforcement since he became Minister?
Zero tolerance means precisely what it meant prior to the election. Deputy Upton has correctly identified certain aspects of it. Prior to, during and since the election I have done my level best to explain what the Fianna Fáil Party meant by zero tolerance. If Deputy Upton wishes me to repeat it now, I will. It never envisaged, nor did I ever say it would mean, that buskers, beggars, pavement street artists—
Tax evaders.
—and double yellow lined errant motorists would end up in prison. I said it meant the enforcement of the law of the land. I said also that where additional penalties or additional laws were required they would be introduced. The Criminal Justice Act, 1997, introduced before Christmas significantly strengthens the hands of the courts.
To enforce the concept adequately there is a need to increase the number of prison spaces. That is why we are increasing the number of prison spaces by 1,000 in the first two years of the life of the Government. The reason is —and this is a criticism I made from the Opposition benches on numerous occasions —that people are being released into the community, sometimes on the sole criterion of an insufficiency of space to keep them. It those circumstances it behoves any Minister in a civilised society to ensure society is protected. This is what I have tried to do. I am confident we are on target to provide a sufficiency of prison spaces and to increase the number of gardaí in the force to 12,000. I am confident the measures implemented to date and those to be implemented during the lifetime of the Government will tackle this serious problem in a real and meaningful way.
If people want to put a misconstruction on the concept of zero tolerance and pretend it always meant that beggars or pavement street artists would end up in prison there is nothing I can do about it. At no stage was it envisaged that zero tolerance would mean additional sanctions. So far as minor crimes were concerned it always meant the enforcement of the law of the land. The Garda Síochána and I are trying to enforce the law on behalf of society.
The concept of zero tolerance comprises three essential components. First, there is a clear and determined focus on tackling those engaged in crime. We will do whatever is necessary, within the law, to effectively tackle those who deal in drugs but the concept does not apply exclusively to drugs. Second, there is a determination that the law enforcement agencies will be properly equipped and resourced to deal with crime. The Government will continue to provide the necessary resources in terms of personnel and equipment to the Garda to achieve this. The overtime bill for the Garda Síochána last year was unprecedented but it had the results I predicted. Third, there is a commitment to address and, where possible, to ameliorate the causes of crime.
I have expanded the network of youth diversion projects which target young people at risk of falling into criminal lifestyles. Inasmuch as we must be tough on crime we must be tough also on the causes of crime. That is the reason I have initiated a crime forum which will commence work on 26 February. That will lead to a crime council and in turn will lead to the first White Paper on crime in the history of the State. That is as comprehensive a reply as I can give to Deputy Upton.
Dr. Upton
Has there been a change in the manner in which the law has been enforced since the Minister took office and zero tolerance became the order of the day? For example, have traffic laws been enforced more vigorously? Has there been a higher level of prosecutions? Has the petition system changed and, if so, can it be reconciled with the concept of zero tolerance?
It will be clear to Deputy Upton that the law of the land is being enforced. Questions have been tabled today in relation to various motoring offences, statistics for which are outlined. It is clear the Garda Síochána is enforcing the law. There has been a change since this Administration came into office. There has been a change in terms of the resources being made available to the Garda to effectively conduct its work. There has been a change in terms of the legislation which is crucial to provide it with the armoury to do its work better. There has been tremendous success in regard to the whole question of drug dealing. Many people have been charged and a considerable number of seizures has been made.
The Garda Síochána has always said that, given the resources, it can do the job better than anybody else. I am satisfied that statement is true. If the Garda Síochána is provided with a sufficiency of resources, it will carry out the desired work. Since this Administration came to office, the Garda Síochána has been given considerable resources. Obviously, as their numbers and prison spaces are increased, the criminal justice system will gain further respect from the community. It would be invidious of Deputy Upton to suggest nothing has changed. Considerable changes have taken place and there is a conscious effort by the Government to fight the scourge of crime on the streets. This is being illustrated daily in terms of resources, legislation and commitment.
I call Question No. 27. Question No. 26 cannot be taken as the time for priority questions has concluded.
(Mayo): Can Question No. 26 be taken in ordinary time?
An Leas Cheann-Comhairle
No. Only the fourth and fifth priority questions may be taken in ordinary time.
This is the second time this has happened in the past ten days. It is grossly unfair. Will you dedicate yourself to trying to sort this out? Last week the Minister for Health and Children was unable to answer a question—
It is not in order to debate the matter now but the solution is in Members' hands. Two questions have been dealt with in 30 minutes. This is a matter that should be addressed. Members should try to ensure the number of questions answered each day is increased. The Chair has no control—
With all due respect, I have no control over that. It is not solely up to Members when there is somebody in the Chair.
I accept that.
Will you ensure the third priority question is not excluded in this way? This will happen again no matter how good the person in the Chair is.
The Chair will endeavour to do so and looks forward to receiving the co-operation of Members.