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Dáil Éireann díospóireacht -
Wednesday, 22 Oct 2003

Vol. 573 No. 1

Private Members' Business. - Proceeds of Crime (Amendment) Bill 2003: Second Stage (Resumed).

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

I wish to share time with the Minister of State at the Department of Health and Children, Deputy Callely, and Deputy O'Connor.

Acting Chairman

Is that agreed? Agreed.

My Department has overall responsibility for co-ordinating the national drugs strategy. I propose to outline the Government's commitment in this area and the considerable progress which has been made in recent times. The aim of the drugs strategy is to tackle the problem of drugs in the most comprehensive manner ever undertaken. The strategy comprises 100 individual actions under the four pillars of supply reduction, prevention, treatment and research. They are implemented by a range of Departments and agencies.

Since the strategy was launched in 2001, Departments and agencies have made considerable progress in this regard. The interdepartmental group on drugs, which I chair, meets regularly in conjunction with the national drugs strategy team to assess the progress Departments and agencies are making to meet the targets they have been set.

Is it possible to have a copy of the Minister of State's speech?

I am referring to notes rather than a full script.

It is normal procedure to circulate scripts to Members.

I may not be reading them exactly but the Deputy may have a copy of my notes.

It is the convention that a Minister's speech is circulated. If the Minister of State does not have a speech, it is fine.

I have notes rather than a speech.

That is fair enough.

The interdepartmental group receives regular reports from the relevant Departments and agencies involved in the implementation of the strategy as well as reports from the national drugs strategy team, the young people's facilities and services fund and the national advisory committee on drugs. As regards the six-monthly progress reports, approximately one third of the 100 actions have either been completed or are ongoing during the life of the strategy.

Areas in which progress has been made are as follows. Customs and excise officials have launched a coastal watch programme and implemented a number of measures to enhance drug detection capacity at entry points. Guidelines to assist schools in the development of drugs policies have been drawn up and were issued to all primary and post-primary schools last year. The Department of Education and Science is now represented on all local drugs task forces which meets a long-standing demand of the community. The Department has recruited extra support staff to assist in this role.

Considerable progress has also been made by increasing the number of people in receipt of methadone treatment. By this summer, 6,700 methadone treatment places had been provided which is ahead of the target set in the strategy. Only three years ago, the number was 5,000. My colleague, the Minister for Health and Children, and I launched a national awareness campaign last May which has continued since on radio and television. The second phase of the campaign, which will be aimed specifically at parents, is currently being rolled out. The report of the benzodiazepine working group was published at the end of last year and the Department of Health and Children is overseeing the establishment of a working group to consider its recommendations. Over 1,100 recovering drug misusers are on special FÁS community employment schemes.

The national advisory committee on drugs was established to provide solid information and to carry out research. It has done a great deal of important work. The committee has published an overview of current research into drug prevention and completed reviews of prevalence information and contemporary literature regarding the consequences of drug misuse for families and communities. It has commissioned a longitudinal study of treatment outcomes and it has published a report on the effectiveness of buprenorphine. The committee has carried out a survey on the estimates of the number of opiate users and last Monday it released the first results of an all-Ireland survey of drugs misuse, which was the first such survey conducted here. Last year, the national committee launched a community and voluntary research grant scheme to generate innovative community-based drugs research.

There are 14 local drugs task forces most of which are based in Dublin. They are carrying out good work in co-operation with the community to bring forward action plans. Through partnership, the task forces are addressing all the service gaps in this area and co-ordinating existing services. The local drugs task forces are currently implementing their second round of action plans in respect of which, to date, over €14.5 million has been allocated on an annual cost basis. Since 1997, we have allocated about €65 million to implement 500 projects under the various task force plans. Much good work has been done and continues to be done at community level.

In addition to the funding of drugs task forces, an allocation of €12.7 million was provided under the premises initiative which was designed to address the accommodation needs of community-based drugs projects. The majority of these are found in local drugs task force areas. Of that money, €11.5 million has been allocated to 38 projects. The young people's facilities and services fund is another initiative which is carrying out fine work, mainly in the local drugs task force areas. The aim of the fund is to attract at-risk young people into sport and recreational facilities and activities to divert them from the dangers of substance misuse. To date, €59 million has been allocated for this purpose, €54 million of which was invested in local drugs task force areas. That money has been used to provide 350 facility and services projects, community centres, purpose-built youth centres, 85 youth and outreach workers, ten sports workers and many community-based prevention and education programmes. A considerable amount of work has been done.

Great things are being accomplished under the drugs strategy and a great deal of funding is being provided. I said yesterday in answer to a parliamentary question that certain alterations had been made to the dormant accounts disbursement plan to ring fence some moneys for drugs task force areas. That will help to continue to provide the level of funding needed. I do not disagree with the basic premise of Deputy O'Dowd's Bill which is that CAB proceeds should be spent on drugs projects. It is a demand of community groups in areas which have been ravaged by drugs and there is a great deal of merit in the suggestion. From my point of view, once the funding is forthcoming, I do not care whether it comes from that source or general Exchequer resources. Given the level of funding over the years, it might not be an improvement to be told that one is limited to the level of the ring-fenced funds. I accept the basic principle in which there is logic. It would be good to get the money.

Can the Minister of State make it happen?

I would fight for it more if it was greater than the amount I am currently receiving. Since I believe the money from the fund would be much lower, I would be nervous about adopting fully what the Deputy is saying. However, I accept the principle and that it depends on demand from the community. I understand what the Deputy is saying in that regard.

We are doing quite well in relation to the young people's facilities and services fund and the local drugs task force fund. I hope this will continue. The Government is continuing to invest in the process. This year the allocation for the drugs subhead increased by approximately 16% over the figure for last year. I accept there will be further demands on the fund next year when plans are brought forward from the regional drugs task forces. I hope money will be invested in that direction.

Since 1997, when the drugs scheme was up and running, the Government has allocated €135 million for a range of measures, including the local drugs task forces and the young people's facilities and services fund. All but a small portion of this money has been spent on local drugs task force areas. I want to send out the message that while a lot of resources have been spent, we could do with more. There is a commitment from Government in this regard.

I am aware of the Deputy's demands. If money continues to be made available, people at community level will not mind whether it comes from the CAB fund or the Exchequer.

I wish to share my time with Deputy O'Connor.

I commend Deputy O'Dowd for the intention behind the Bill before the House, that is, that local community and voluntary organisations should be funded to continue to carry out the very valuable work they do in the areas of prevention and treatment of drug addiction and its consequences. Unfortunately, trafficking and dealing in drugs are crimes with which we are all too familiar. The Garda Síochána, with the full support of the Government, continues to have successes in targeting the evil activities of the traffickers. The success of the Criminal Assets Bureau, in particular, has been referred to on a number of occasions during the debate. We must continue our commitment to tackle organised crime and drug trafficking on a practical level. I take this opportunity to wish Garda Commissioner, Noel Conroy, and the Garda Síochána continued success in this regard.

The success of the CAB has brought it home to the criminal gangs that we will not tolerate their activities. Most of the gangs of the early 1990s have been broken up while their bosses are either in prison or have left the jurisdiction. Criminals continue to be targeted. The CAB takes the necessary action in accordance with Garda functions under Revenue and social welfare laws to seize or restrain the use of assets derived from serious criminal activity. This is not mentioned often enough. It is important to underline the success of the CAB's activities and congratulate all those involved. In so doing, we should give credit to my ministerial colleague, Deputy O'Donoghue, and the late Eamon Leahy, who used their initiative in an innovative way to bring about the success of the CAB.

The former Minister, Nora Owen, introduced the legislation.

I congratulate all involved, particularly the two people concerned.

In relation to drug trafficking, our legislative package for tackling this form of criminal activity is regarded as one of the toughest in Europe. We need to consistently evaluate its use to ensure its effectiveness because, as we know, the people with whom we are dealing are continually trying to look for loopholes in the law. Major seizures of serious drugs such as heroin and cocaine continue to be made. I congratulate the Garda Síochána and the Customs authorities for their ongoing high level of success in this regard. Their dedication and resolve to carry out the task of reducing the supply of drugs available mean that the performance targets set under the national strategy are being met successfully. While, on the one hand, this continued level of success is a good sign, reflecting the effective work of the Garda and Customs services, on the other, it demonstrates that organised criminals continue their efforts to make major profits, no matter how harmful the effect on citizens. The Government recognises that seizures, while very welcome, must be just one part of the overall strategy in fighting the scourge of drugs.

Obviously, the problem of drug misuse remains one of the greatest social problems of our time. Apart from our continuing efforts on the drugs supply and control side, we need to continue to develop a range of responses, addressing both the cause and consequences of the problem. It is to this end that the Government's overall policy to tackle the drugs problem is set out in the national drugs strategy which brings together all elements of the drugs policy in a single framework for the next six years to tackle the problem in an integrated fashion, involving the four pillars of supply reduction, prevention, treatment and research.

Much has been happening in recent years, particularly in the communities hardest hit by drugs. They have been the focus of major policy development involving, for example, urban renewal schemes and cross-development programmes designed to speed up the process whereby communities can more speedily draw down public resources. The availability of drug treatment and other rehabilitation services has also increased dramatically. The national drugs strategy and local and regional drugs task forces have rightly been praised for facilitating the mobilisation of cross-agency forces. My colleague, the Minister of State, Deputy Noel Ahern, addressed the topic in greater detail.

The Government will not rest in its efforts to aid the law enforcement agencies in their fight to tackle the drugs problem. It is worth drawing attention to a new framework for joint investigation teams which will allow for more effective cross-Border and international investigations of organised crime, including drug crime. The Criminal Justice (Joint Investigation Teams) Bill gives effect to the European Union agreement and provides for the establishment by member states of joint investigation teams to carry out cross-Border criminal investigations. This is recognition of the need for member states to work together.

Further legislative measures will be taken in the near future to enhance the ability of the Garda Síochána to take part effectively in international police co-operation. As drug trafficking is an international crime, active involvement in law enforcement at European and international level remains a key element of the Irish response. The Garda liaison officers based in London, Paris, The Hague and Madrid, as well as the Europol and Interpol headquarters, facilitate international co-operation, especially in the area of drug related crime. In addition, relevant Garda support units such as the national drugs unit are in regular contact with colleagues in other jurisdictions. The sharing of intelligence, with joint operations which often cross jurisdictions in a single operation, has resulted in large drugs seizures bound for Ireland and in criminals being brought to justice. Congratulations are due to all involved.

It is vital to ensure emerging trends in organised crime are analysed and monitored in order that the effective legal measures and operational policies are developed in a coherent and co-ordinated strategy. Anticipating trends is more and more important as organised criminal gangs respond to new opportunities, nationally and internationally. Intelligence led policy and international co-operation in responding to serious criminal activity are elements of an important strategy which must be pursued.

We must also be aware of the link between drug trafficking, organised crime and the threat it poses to our society. All criminal organisations have used and will continue to use violence and intimidation. This is now a new phenomenon. Organised crime, by its very nature, creates a climate of fear, not just for the general public but also for criminals. The use of violence and intimidation within criminal groups is a challenge to our law enforcement agencies.

There is also a problem with non-reporting by victims to the lawful authorities. Killings within the criminal fraternity are usually well planned and executed and, because of their nature, often more difficult to detect. Often there is less evidence available to aid the Garda investigations. The Garda needs the help of local communities in investigating such crimes. In response to a series of incidents, the Garda has appealed to the community for help and has guaranteed the safety of persons willing to give assistance and information.

Despite the difficulties I have faith in the Garda Síochána in taking on these criminals. The establishment of specialised Garda units, such as the National Bureau of Criminal Investigation, the Criminal Assets Bureau, the Garda Bureau of Fraud Investigation and the Garda National Drug Unit operate under an assistant commissioner in charge of national support service, has enabled the Garda Síochána to tackle organised crime far more effectively than heretofore. Other smaller units, including the money laundering investigation unit and the unit dealing with theft of computer components have also had success in combating the activities of organised crime.

I am reassured by the Garda Commissioner who has informed the Minister for Justice, Equality and Law Reform that in regard to recent violent incidents he is happy that the necessary resources have been directed towards these areas of criminal activity. A continued pro-active and integrated approach is being taken by the Garda into the investigation of cases where there is suspicion of involvement of organised criminals. An example of such action is the Garda directing of additional resources, in addition to utilising the support of the Garda national support units and services, to tackle particular difficulties being experienced in Finglas and Limerick City. I am pleased particular operations are in train against the violent criminal activities which have been taking place in those areas. To date these operations have proved successful.

The Garda needs also to tackle the supply of drugs on the streets. I commend the work undertaken by Operation Dóchas, Operation Clean Street and Operation Nightcap which have been used to target street dealing and the distribution of drugs in night clubs and public houses. These operations have led to hundreds of arrests and charges and the seizure of drugs with a street value running to millions of euro. These operations, carried out by the Garda National Drugs Unit, were aimed at street dealing blackspots, concert events and licensed premises where suspected drug dealing was taking place. In the debate yesterday, some Deputies made a connection between drug abuse and the high level of alcohol consumption by young people and the public order problems that ensue. I am pleased the Government is taking strong action to deal with these problems.

The Criminal Justice (Public Order) Act 2003 gives significant additional powers when dealing with drunken disorder. The Act is aimed at addressing the problem of late night street violence which has its origins in or outside licensed premises and fast food outlets in urban areas. The Act strengthens existing Garda powers in this area and extends the sanctions which may be imposed on offenders under the 1994 Public Act order. The Act provides the Garda with the new power of applying to the District Court for a closure order which would limit the opening hours of premises associated with such serious trouble. The second key provision in the Act introduces exclusion orders by means of which public order offenders may be barred from being at specific places for up to one year. A breach of this order will be a serious offence, punishable by a substantial fine or a term of imprisonment. All sections of the Intoxicating Liquor Act 2003 are in operation since 29 November 2002. It is intended that these urgent reforms will improve compliance with an enforcement of the licensing laws.

I am satisfied the Government has put in place a number of legislative provisions which give the Garda sufficient powers to deal with the problem of drunkenness, thuggery and drug misuse which it faces on a daily basis. The responsibility for crime prevention and enforcement cannot rest solely on the Garda and the criminal justice system generally. Local authorities have also an important role to play.

The new Garda Síochána Bill proposes a formalised consultation process in the form of local policing committees which will formulate and oversee the implementation of measures of co-operation between the local authority and the Garda aimed at reducing crime and disorder and combating the misuse of alcohol and drugs. On a broader scale the Garda Síochána Bill being developed by the Government will replace completely the existing statutory basis for the Garda Síochána with a new modern and forward-looking legal framework. That framework will set out the relationship between the force and the Government and between the force and public representatives, national and local. It will provide also for a separation of responsibilities between the Minister for Justice, Equality and Law Reform and the commissioner in matters of policy and management for new arrangements in respect of financial accountability and for new powers to enable the force to continue to concentrate on core policing functions.

We are fortunate to have a police force of the professionalism and character of the Garda Síochána. The people continue to acknowledge the high standards which the force has demonstrated for the past 80 years. In dealing with the changing pattern of crime there are difficult and complex issues to be addressed. I have no doubt the Garda Síochána will successfully meet these challenges and in doing so will have my full support and the support of those on this side of the House.

In my four minutes I could recite the word "Tallaght" 800 times but perhaps I shall make a few general points. I thank my colleagues, the Ministers of State, Deputy Noel Ahern and Deputy Callely, for allowing me to make a contribution and wish them continued success in the great work they are doing. I am a strong supporter of both Ministers of State and have worked closely with them on problems relating to my constituency. I applaud what they are doing. I applaud also the efforts of Deputy O'Dowd of Fine Gael who has done a tremendous amount of work so far as this business is concerned. It gives all of us an opportunity to support the work being done.

Support the Bill.

There are different ways of supporting it and I will find my way.

It is an excellent Bill.

Being a humble Fianna Fáil backbencher is not easy. I have to find my own way of doing my job. Those who may be checking on what I am doing will note that in my Dáil questions, day in day out, I ask many questions about the justice remit. I talk about Tallaght, Firhouse, Greenhills, Templeogue, the need for more Garda resources, the need for gardaí on the street dealing with the issues. There is a serious point which has to be made, to which other colleagues have alluded, and I hope my colleagues opposite will do so tonight.

The question of the disposal of proceeds of crime is a matter we all debate. I take the view, simplistic as it is, that the victims of crime should benefit when moneys are seized. I include in that such organisations as Victim Support, not only in Tallaght but throughout the country, because it does a tremendous work in helping victims and it should get funds. If money is confiscated from criminals that is where it should go. There is an active Victim Support group in Tallaght which operates from the courthouse. It has a huge remit and a great deal of work to do. The more help it receives the better.

As a major urban centre, Tallaght is no different from anywhere else. In the past we have had problems which have been alluded to by the Minister of State, Deputy Noel Ahern. All colleagues, certainly in city constituencies, and even colleagues in many constituencies around the country, have the same problem. We should support the various programmes. For example, in my constituency the Garda intervention scheme should be beefed up and more resources poured into it. My colleageue, Chris Flood, was a predecessor of the Minister of State, Deputy Noel Ahern, and also of the former Minister of State, Deputy Eoin Ryan, who will make a great MEP after the European elections next year.

Support him.

I will support him. The former Deputy, Chris Flood, did a tremendous amount of work and still works closely with me. We remind each other daily of the challenges which major urban centres, such as Tallaght, face so far as drugs and other community needs are concerned. I have no hesitation in saying to Govern ment that where these moneys are available this is where they should go.

The Minister of State will be aware I have his support. Every time he makes a positive announcement for Tallaght I will be on his side and every time he does not I shall remind him. In debating this matter I will make the case for my own constituency. I am also amenable to cases made by other colleagues.

It is important that we understand the problems crime and drugs bring to families and ordinary people in our communities. The Minister of State at the Department of Health and Children, Deputy Callely, spoke about CAB and I agree with every word he said. It is important we support that work. Where moneys and assets are available we should seize them. Let us give the Garda and authorities every opportunity and resource they need to do that. However, when we get it we should not bury it but use it for our communities. We must identify needs and disadvantaged communities. I talked about victim support, drug support and Garda programmes and these are what we should be building.

I wish to share time with Deputies Twomey, Gregory, Finian McGrath and Cuffe.

If ever a Fine Gael Bill deserved full cross-party support, this is it. It is a pity that Government, up to now, has not supported it. We are talking about a lot of money which will sit doing nothing until such time as some Minister decides to give it to our Minister for Finance where it will be lost and buried. It will be lost to the very communities that should gain something in return for the hardship they have had to suffer. They have put up with the squalor in which they have had to live because of the drugs problem brought on them by drugs barons here and from outside our shores.

We recognise that the solution to the drugs problem involves more than moving drug dealing off the streets and arresting drug dealers. I congratulate gardaí on managing to succeed in confiscating these assets. The sum involved is huge. Gardaí also need to do more to tackle open drug dealing on our streets, particularly in inner city areas. People come from all over Dublin to Ballyfermot, where I live, to avail of the drugs supermarket there. They also travel to Thomas Street in the south-west inner city. Over 20 years, successive Governments have not managed to tackle the underlying problems of these two areas which have been described as disadvantaged areas in all indices, whether educational such as low attainment standards, or unemployment figures. To this day the highest percentage of unemployed people are in Cherry Orchard. The highest concentration of drug addicts in Europe is in the south-west inner city. Twenty years later we are still trying to discuss where and how this problem should be tackled. We have 14 drugs task forces.

The only criticism I would have of this Bill is that the initiatives it mentions are slightly limited. We should ensure that all community initiatives and youth programmes in areas which have suffered the scourge of drugs are able to benefit from this. I mention in particular the 14 drugs task force areas. The money should come down to them. It should be ring-fenced. It should not replace existing funding but must be supplementary and additional. When the national lottery funding was announced it was supposed to be additional. However, it is now the only funding on which many organisations can depend.

This must be additional money and must be given out. Investment in youth programmes, youth clubs, sport and education in these areas would pay dividends because that is how we can start to row back and reverse the problems of the areas. It is how we can get the communities to rebuild themselves into the proud communities they once were. There is much happening in these areas on which people should be congratulated. I mention Addiction Response in Crumlin and Theatre Workshop in Ballyfermot, and there are many more. It is a sad indictment of society that there must still be so many of these groups 20 years on. We should have less need for them. There should be more focus on our youth.

I urge the Government to support the Fine Gael Bill. We can then deal with it in committee and add the changes required.

I too support Fine Gael on this issue. The drugs trade is a multimillion euro business where profits are huge. There will always be a market for drugs because of their mood altering and addictive effects.

For years drug abuse has been restricted to a number of inner city communities in all our cities, especially Dublin. Now, these same drugs are freely available all over Ireland. It is strange that today drug dealers are no longer following the stereotype. Many of them are ordinary men and women who make easy money selling drugs. It is also regretful that over time drugs have become almost socially acceptable. As a doctor, I have often had patients tell me what drugs they took the night before and the effect the drugs had on them. People often return home after a night out drinking and then take more alcohol, speed, smoke cannabis or do cocaine, which is no longer a yuppie drug, especially in Ireland.

Drug taking is becoming socially acceptable. Our enforcement is failing greatly with regard to restricting the supply of drugs. We need to become innovative in our effort to find a solution to deal with the problem. Often people who want treatment have nowhere to go or have to wait so long that they lose the desire for treatment for their addiction and they get caught back in the cycle of drugs, stealing, and prison. It is an indictment of us as legislators and of our priorities. We have allowed this drug culture to get out of control over a short period of time.

I hope everyone supports this Bill. It could be an initiative that would help to stem the tide of the drug trade here. The Government must also invest much more than what will come from CAB to help boost the enforcement agencies. Unless we stop drugs coming into the country or stop the major suppliers we have no hope of controlling the trade. It is already out of control. Drugs are almost acceptable in every corner of the country. Some Deputies will point out areas which have a worse problem than most of the country but the problem is everywhere. I hope this Bill will be the start of progress in combating this problem.

I too support this Bill. I have raised this issue in the House on successive occasions over the years, at the direct request of many local community organisations and anti-drug groups in areas of Dublin city which have suffered greatly over the past 20 years as a result of the drugs crisis.

Put simply, where assets are confiscated by the courts from drug dealers, and where these moneys are then returned to the Exchequer, the Government of the day in the person of the Minister with responsibility for the drugs issue should in each case make special grants available of the same amount as that confiscated, to community and sports projects in the drugs task force areas.

This proposal would not cost the State or the taxpayer a single penny. It would simply involve the redirection of moneys seized from drug dealers back to those whom drug dealers have already exploited. It would also take the form of an additional grant to underresourced community facilities. There would be no question of the moneys replacing other grants currently available or of community projects having to wait until confiscated moneys became available. This proposal would simply provide an additional resource for underresourced projects.

I campaigned in recent years for the establishment of the youth facilities fund which is now in place and was disbursing grants to drugs task force areas. This fund was most worthwhile and represents a tremendous initiative in the provision and financial underpinning of community youth and sports projects.

Unfortunately, the present Government has reneged on its commitment to this fund. The second phase of grants has not been paid out and is more than a year overdue. This is a scandal and highlights the fact that not only are the proceeds of drug related crime not redirected back into the drug-hit communities, but the Government fund has been put on hold and youth facilities are being starved of resources.

Parts of Dublin Central, for example the Dominick Street-Dorset Street area, which suffered greatly from the drugs crisis, continue to be neglected by Government and the plans for youth workers in a youth centre there have been shelved. Many other projects cannot proceed because phase 2 funding has not been sanctioned. Perhaps the Government spokesperson, when replying to this debate, might respond also on this very relevant issue. It seems reasonable and logical that communities which struggled against the drug dealers, marched against them, worked to provide treatment centres for the victims of drug abuse and which are now working to provide youth facilities, should be given direct grants from the moneys confiscated from those who made vast profits by exploiting young people in the areas to which I refer.

Most people now agree that it was neglect on the part of successive Governments which gave rise to the heroin crisis in disadvantaged communities. State neglect led to direct community action and this in turn led to belated Government action. It would be an appropriate and worthwhile gesture if Government were to agree to the action proposed in this Bill.

I welcome the opportunity to speak on the Proceeds of Crime (Amendment) Bill 2003, an excellent Bill which I will be supporting. I have a particular interest in this debate as I have worked in the north inner city of Dublin for nearly 20 years. I have seen the major damage brought upon communities and the death and destruction dealt out by the drugs gangs. I have also experienced their intimidation and stood with communities that were under threat.

I agree with the sentiments of the legislation as it is only fair that all proceeds of crime should go to the most disadvantaged communities. Yesterday in Coolock, in my constituency, I attended the graduation of eight young people who were addicts, came through treatment and counselling, then obtained certificates in computer studies and have completed and passed all seven modules of the ECDL.

Like all good community-based projects, funding is always a problem. Imagine the work these centres could do if they got their hands of some of the proceeds of crime money. These are the projects and creative ideas that should be funded on the principles laid out in this legislation. The purpose of the Bill is to address some difficulties with regard to the retention and expenditure of the proceeds of crime, which accrue under the Act of 1996. It is to be effected by making three minor textual amendments to the Act of 1996. I particularly welcome section 4(1), which technically amends section 4(1) of the Act of 1996 by reducing the waiting period from seven years to three. The Proceeds of Crime Act 1996 has enabled the authorities to accumulate consider able sums which, once acquired, must be retained for a period of at least seven years, which is unnecessarily excessive. This section is relevant and more common sense.

It is essential not to forget the communities that have to live with this nightmare. There are places in this city and country where children cannot play or grow up naturally, or live out their lives as children, because of needles and heroin, violence and death. This is the other side of the so-called prosperous Ireland. The Celtic tiger did not look after her cubs. It bypassed 90,000 children still in poverty. Out of these 90,000 approximately 3,000 are seriously at risk and live in violent dysfunctional families. These are the prisoners of tomorrow, the ones that will end up in Mountjoy. They need urgent help and early intervention.

There are many family support groups and many teachers with plans and strategies to help these children at risk. This Bill has the potential and above all, the cash, to assist them. It is time the Government stopped huffing and puffing. I call on all Deputies to support this new and radical legislation.

It gives me pleasure to support this Fine Gael Bill. On behalf of the Green Party, we are happy to support it, albeit with some reservations. It is worth discussing the general issue of drug abuse in the context of this Bill.

Drug abuse is a social justice issue. As has been stated many times over the last ten or 15 years, we cannot look at drug abuse or criminal activity in isolation. Within the inner city of Dublin one can see the factors that influence drug abuse and criminal activity and ask what can be done. We need to tackle the issues of housing, education, providing sporting facilities, environmental improvements, play facilities. All these areas of need have to be tackled from birth and beyond, the different stages of a child's life, to encourage young people not to turn away from society.

There is an element of naiveté in the Government's approach to this general issue of drug abuse and drug activity. I was nauseated by the remarks of the Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, a few days ago, when he suggested that we should be tackling the parents in regard to children's crimes. That displays a massive ignorance of the social and family circumstances in which young people turn to crime. He should get out there and listen carefully to what people working with young criminals have to say. He would think again about implementing the provisions of the legislation he was talking about at the recent Fianna Fáil gathering.

It is a worthy Bill, but we have three specific reservations. It provides for a definition of drug related initiatives which enables the Minister to ensure that the proceeds of drug related activities are distributed to organisations that aim to redress the damages caused by such activities. I wonder about specifically defining one criminal activity such as drug abuse. By defining drug related initiatives we are giving status to one criminal activity over another. I could understand if there were no other legislation dealing with this particular issue, but there is a reference to combating drug trafficking under the Criminal Justice Act 1994 and I am somewhat unclear as to why the distinction is being made in the amending Bill before us.

My second point is whether the provision applying the proceeds of drug related activities to organisations that are working to redress the damages of such criminal activity is valid. It should not apply just to drugs. This procedure should be adopted across the board as there are numerous bodies that do tremendous work in the community to combat a wide range of criminal activities. It would be wrong, I feel, to be seen to be giving one organisation preferential treatment over another, simply because they work in combating drugs. The activities I mentioned earlier – housing, education, health care, play facilities – are not always specifically designated to tackling drugs. There could therefore be a certain blurring at the edges of which I would be wary.

A final point relates to the length of time for which moneys must be withheld. The Proceeds of Crime Act 1996 enables authorities to retain considerable sums of money for a period of seven years and the Bill aims to reduce this to three years. I am curious as to how this timeframe was decided on. Is it not more practical to assess the retention of money on a case by case basis, not exceeding the three year period recommended in the Bill? In other words, we would like to see the moneys used sooner and applied much more quickly in those disadvantaged areas.

To generalise about the Bill, the Green Party welcomes it and thinks it is a good step in the right direction. It shows some clear thinking from Fine Gael on this issue and we look forward to voting in favour of the Bill.

I wish to share my time with Deputies Coveney, Neville and Perry. I compliment Deputy O'Dowd on introducing this Private Members' Bill. It is long overdue and I agree fully with his sentiment that the money should be ring-fenced and that the period should be reduced from seven to three years. I was a member of Government between 1994 and 1997, when the ministerial task force on drugs was set up, and I was privileged to be a member of that group chaired by Deputy Rabbitte. One of the group's recommendations was that 11 task forces would be set up throughout the country, ten in Dublin and one in Cork. One of the first statements came from the Southern Health Board when the centre was set up in Cork, to the effect that there was no heroin or other major drug problem in Cork. The health board missed the point that the Cork centre was a preventive programme because we were working on the basis that prevention is better than cure.

We worked also on the principle that sports and youth services are the greatest preventive elements in the fight against crime and drugs. The problem was that once the moneys were available, the statutory agencies attempted what I call the "big grab". They had all the resources and expertise to plead the case for the resources that were available. Thankfully that did not happen, even though much of the money went to those statutory agencies. The danger I see in this is that the usual agencies, the prison services, the health services and so on would attract most of the funding, and the voluntary groups would be away down the line. Those involved in sports and youth services would be left waiting while the others had quick access to the money. Much has happened since 1997 and 1998. The national plan for sport published in 1997 emphasised the principle that sport and youth services would be very important preventive elements in the fight against crime and drugs.

Since then, the key principles of that report have been watered down because there has been a drift away from emphasis on participatory and community sport at grassroots level. This has been replaced by what is almost an obsession, especially on the part of the Taoiseach and some of his key Ministers, with professional, spectator sport, national facilities – or monuments to their own egos if one wanted to be unkind – undermining the key factors of funding sport at grassroots. That also entails investment in professional sport, in the pub culture, with which it is linked, and the Sky Sports syndrome whereby people go out at 2 p.m., watch a match and stay in the pubs until 8 p.m. or 9 p.m., and go on to nightclubs, resulting in trouble at 2 a.m. with people either going to some quiet place to take drugs, or worse, becoming involved in violence on the streets. There has been an over-emphasis on professional and spectator sport and that is wrong.

I almost cry when I see some of the important groups in my area which have to plead and beg for small amounts of money to keep their operations going. I will not be too parochial and will give only one example. Blackpool Youth Club this year was refused a grant to build a modest facility in an area where it has been operating very successfully for 25 years, getting young people of both sexes involved in theatre and sport. It was left high and dry without funding. The club held a meeting with the local Deputies at which a Fianna Fáil Deputy said that its members would have to come up to Dublin to meet a civil servant. That should not be neces sary. The group was told that its application did not meet some of the required parameters. It did not meet these because it was too busy doing the work it was set up to do, dealing with young people. Some of the more affluent organisations can either use their own expertise or buy in expertise to make professional presentations and win funds. There should be positive discrimination in favour of groups in deprived areas, especially areas hit hard by drugs.

The pub culture is supreme, aided and abetted by the man at the top, the Taoiseach with his obsession with national stadiums and spectator sports, which sends out all the wrong messages and leaves organisations working in the communities feeling unappreciated and unsupported.

I welcome the opportunity to contribute to this debate and thank Deputy O'Dowd for bringing forward a very sensible Bill. The Government could easily accept this legislation because it is not political and does not criticise it. On the contrary, it offers the Government a source of finance for an area that desperately needs an increase in resources. I am very disappointed that Government Deputies have adopted a negative approach to a very sensible and practical effort by Deputy O'Dowd to put together workable legislation.

The Deputy is attempting to get agreement on legislation that would facilitate the ring-fencing of moneys accrued by the Criminal Assets Bureau to be spent on specific projects, largely in disadvantaged areas. This would make a positive impact on the constant struggle to prevent and reduce drug abuse. We should not easily accept the principle of ring-fencing capital and thereby diverting it from the national Exchequer. It is a dangerous precedent to set if it is done too often. However, in this case it is highly appropriate that the proceeds of criminal, and in many cases gangland, activity such as smuggling and dealing drugs should be driven back into trying to prevent the problems caused by such activities. On those grounds I support the principle of ring-fencing in this instance. Speakers in this debate have adverted to examples where ring-fencing has been accepted and introduced in the past.

Since 1996 CAB has taken €16 million in assets under the proceeds of crime, due to be released into the Exchequer next year after the set seven year period. This coincides with a time when we have a very active and serious drug problem. Whether one looks at the report of the National Advisory Committee on Drugs or at the UN study on ecstasy and amphetamines, highlighted last week by Antonio Maria Costa, chief executive of the UN ODCCP, one will see that we have a serious problem, primarily among young people, with illegal drug use and indeed legal drug use, chiefly alcohol. Whether it is cannabis, ecstasy, speed and other amphetamines, cocaine, heroin, of which there are almost 15,000 users in Dublin, or alcohol, it is quite clear that the Government is losing the battle to reduce the amount of drug abuse. We need more resources and we need to prioritise this area further.

I give credit to the national drugs strategy as a document. Its proposals represent the right way forward, but its implementation has been a serious problem. I do not accept that it is a national strategy. From an implementation point of view it has been a Dublin heroin strategy and, to that extent, has been quite successful in certain communities. I pay tribute to the many people working as part of that strategy in treating heroin users and so on. Three years ago when we launched the review of the national drugs strategy, the Government committed to extending the strategy away from its focus on heroin, and beyond Dublin and the one Cork area referred to by Deputy Allen. That has not happened. Health board areas have been required to put together and implement their own drug strategies.

Greater priority and significantly more resources are required in the struggle against drug abuse and this Bill proposes an appropriate way to do this.

I welcome the opportunity to speak on this Bill and to compliment Deputy O'Dowd on its introduction. He said his aim was to ensure that the proceeds of assets seized by the CAB are applied to appropriate initiatives focused on redressing the damage caused by those engaged in drug-related activities. I wish to refer to a group of people who are damaged by drug-related activities and those who take their own lives or attempt suicide.

Drugs and alcohol play a key role in that regard, though not the only role as it is a very complex area. I propose to outline how the Irish Association of Suicidology, of which I am honoured to be president, would use a sum in the region of €700,000 to €1 million to counteract the problem. We know there were 451 deaths in this context last year. There is no simple solution and the paths to suicide are many and varied. There is no single cause of suicide, which can result from many interweaving influences and factors, including drugs and alcohol.

Clinical research indicates that the best way to prevent suicide is through early recognition and treatment of depression and other psychiatric illnesses. Research clearly points to the need for development of a more accessible service for those at risk of suicidal behaviour, especially in rural areas. In order to tackle this growing tragedy in Ireland, it is essential to put in place a systematic approach to the prevention of suicidal behaviour. The best way to tackle this complex issue is through a multi-sectional partnership.

When faced with a serious health problem, the temptation is to address it aggressively, head-on, thereby highlighting the incidence. In the case of suicide, it has been proven that highlighting the incidence can lead to copy-cat suicide, also known as suicide contagion. A suicide prevention programme must be based on empirically validated and effective prevention programmes, as outlined in the report of the national task force on suicide prevention. If funding is provided, a programme can be put in place. Given the scale of implementing a national prevention programme, in terms of potential target audience, prioritisation is essential and I will outline a programme in that regard.

An integrated communications strategy would set out agreed objectives. All messages and activities would be tested in terms of how well they served these objectives. Where practical, those objectives would be measurable. We would target three areas, including the health care service, public target groups and the media. In relation to health care service groups, we would target information at clinicians, researchers, voluntary groups, the Samaritans, Grow, Aware and community groups. In the public target groups, we would include primary, secondary and tertiary students and parents. We would look at youth groups, the National Youth Council, high risk groups and the unemployed.

We would especially target those recently discharged from a psychiatric hospital, who have 200 to 400 times greater potential to die by suicide than the general population. Those involved in drug and alcohol abuse would be regarded as a target group. We would target the national and regional media, including newspapers, radio, television, student and consumer media and even soap operas. We would establish a press office to organise media workshops and develop guidelines, newsletters and educational support literature for schools.

We would develop a website on suicide prevention and introduce a national help-line, which has been shown in recent Italian studies to be very effective. We would undertake a feasibility study on a national telephone hot line service, offering advice and information. We would also consider an awareness programme in schools. We would operate on a professional basis, with a clear programme and objectives, if the Irish Association of Suicidology was given the money to do so.

I draw the attention of the House to the substantial resources which have accrued to the CAB under the Proceeds of Crime Act 1996. When the Secretary General of the Department of Justice, Equality and Law Reform came before the Committee of Public Accounts last May, he stated that CAB had collected €56 million in taxes since its establishment. Furthermore, CAB had an estimated €19 million worth of prop erty frozen under interlocutory orders of the High Court.

As seven years must elapse before the property in question can vest in the Minister for Justice, Equality and Law Reform, or the legitimate owner as determined by the courts, the property seized will start to come into the State's possession from next year. In so far as the Public Accounts Committee could ascertain, this property has not been independently assessed. Accordingly, it is possible that more than €19 million worth of property could be on the State's books in the coming years. In 2000 alone, CAB obtained interim orders on property to the value of about €22.5 million. This property can be frozen by CAB on foot of an interlocutory order of the High Court if a person cannot prove that it was legitimately obtained.

The sums of money involved are very substantial. The Minister insists that these funds should go directly to the central fund. We have already exposed the fallacy of this argument. For example, the tax on plastic bags is ring-fenced by the Department of the Environment, Heritage and Local Government under a very effective system and a sum of €157 million was given to the Department of Health and Children in 2002, arising from receipts from certain excise duties on tobacco products.

Those are two examples of funds being ring-fenced by the Government in a public policy area. Since the environment was being degraded by plastic bags, it was very appropriate to reserve funds raised through the levy to protect the environment. The Minister for Finance has ring-fenced 1.5% of GNP for the national pension reserve fund. What has he to say in this regard? On the basis that the health services have had to deal with the consequences of smoking habits of many of our citizens, the Department of Health and Children has been given this extra source of funding.

Of course, ring-fencing of State funds should not be a general principle of public expenditure, but exceptions should be allowed where there is a particularly close connection between the behaviour being taxed and the relevant public prevention programme. That is the case in the context of this Bill, in a situation where drug barons make fortunes in the midst of dreadful poverty. They are even seen as role models in their communities by some impressionable young people. Not only would CAB bring these gangsters to book, but the inhabitants of communities ravaged by drug abuse would witness the wealth generated at their expense being channelled directly towards undoing the damage caused by the individuals concerned.

This Bill is not just about the funding of drug treatment services. It is also about the principle of restorative justice. In a sense, drug barons have become the equivalent, in their communities, of the Denis O'Briens and Tony O'Reillys of the business world. When CAB appropriates the ill-gotten wealth accumulated from their ruthless and illicit operations, it is morally right to direct it back to the people who have been exploited and corruptly influenced by them.

I applaud this Bill and compliment Deputy O'Dowd on his initiative in introducing it. I commend the Bill to the House.

There can be no argument about the terrible damage done to communities in the towns and cities of this country by the evil trade in illicit drugs. This is particularly true of some of the most disadvantaged urban areas about which Deputies spoke in the debate on this Private Members' Bill yesterday evening and tonight. There can be no argument about the desire of all Members of this House to see this scourge defeated. Any measure which has this as its aim is worthy of careful consideration and I commend Deputy O'Dowd in this regard.

I acknowledge the commendable intentions of this Bill. Communities and voluntary groups need support in their efforts to provide treatment, counselling and education facilities to persons afflicted by drug addiction or to divert young people at risk from falling into a life of drugs, about which there is no argument.

We heard earlier about the Government's national strategy in this regard and the commitment shown through its investment in that strategy. We heard about the allocation of more than €130 million since 1997 by this Government to projects in the local drugs task force areas, the very areas to which Deputies referred as being among the most socially disadvantaged. We also heard of further funding to the Young Peoples Facilities and Services Fund and the 64 Garda youth diversion projects.

On foot of the identification of local drugs task forces as an important element in the overall response to the drug problem, the extension of this model is being delivered to other parts of the country through the establishment of regional drugs task forces. I should also mention that the new Garda Síochána Bill being developed by the Minister for Justice, Equality and Law Reform will allow for structured consultation between local authorities and the Garda Síochána in regard to the policing needs of local communities.

The point must be made that the investment in this range of projects is many multiples of the amount for which the Criminal Assets Bureau has obtained interim and final restraint orders in cases where the assets involved were linked to drug dealing. This investment in local communities is only one arm of the Government's strategy to tackle the problem of drugs. The strategy also involves major initiatives to tackle drugs from the supply side. The national strategy sets performance indicators over its lifetime for the volume of drugs seized to increase by 25% by the end of 2004 and by 50% by end 2008, using the 2000 figures as a baseline.

I am pleased that the Garda Síochána and the Customs and Excise Service are achieving considerable success on this target to date. The street value of drugs seized by the Garda has increased from €20 million in 2000 to €49 million in 2002 and Customs and Excise seizures have also risen from €11 million in 2000 to €34 million in 2002. In the first half of this year, the value of significant drug seizures by the Garda is estimated at approximately €67 million.

Garda operations at street level also continue to have an impact. Operations such as Dóchas, Cleanstreet and Nightcap have been used to target on-street dealing and the distribution of controlled drugs in nightclubs and licensed premises. During 2002, Operation Dóchas yielded seizures of drugs with an estimated street value of nearly €3.3 million and resulted in 3,337 arrests, of which 1,725 people were charged. Operations Cleanstreet and Nightcap yielded seizures of drugs with an estimated street value of almost €31,000 and 615 arrests in 2002.

While these figures are welcome, they also serve to demonstrate the ongoing determination of criminals to pursue this trade and the ongoing challenge facing the Government in the full implementation of the national drugs strategy. However, the Government is committed to this implementation and continues to treat the issue of drugs as one of priority. A strong legislative package is in place to tackle drug dealing including the Criminal Justice (Drug Trafficking) Act 1996 which provides for the detention for up to seven days for drug trafficking offences and allows inferences to be drawn by a court from the failure of an accused to mention particular facts during questioning; the Licensing (Combating Drug Abuse) Act 1997, which enables the Garda to deal with drug abuse in dance halls, pubs and other places of entertainment; the Housing (Miscellaneous Provisions) Act, which deals with the problems arising from drug dealing and serious anti-social behaviour in local authority estates; and the Criminal Justice Act 1999, which provides for minimum mandatory sentences for persons convicted of dealing with drugs of or over a certain value.

In addition, the Proceeds of Crime Act and the Criminal Assets Bureau Act are central to the legislative response to organised crime in general, including the illicit drugs trade. The Government has a Bill proposing amendments to the Proceeds of Crime Act before this House at present. This Bill, following a detailed and valuable process of consultation, contains a body of amendments which are well thought out and will clarify and enhance the powers of the Criminal Assets Bureau. They will also give statutory effect to a number of decisions of the courts which will be vital for certainty in the conduct of investigations by the CAB. These amendments were outlined by my colleague, the Minister for Defence, Deputy Smith, yesterday evening.

Important legal and policy issues are raised by the proposed amendments contained in Deputy O'Dowd's Private Members' Bill that deserve consideration, having as they do the intention of combating the harm to society from illicit drugs. While some of these issues have been aired already in this debate, detailed consideration can be given on Committee Stage of the Government Bill when these proposals can be seen in the context of a complete package of amendments.

This proposal will ring-fence drugs proceeds for drug treatment and drug-related services in order to speed up access to the money collected by the Criminal Assets Bureau. The seriousness of the situation depends on which report one reads. Last week, a UN report stated that young Irish people were the highest abusers of amphetamines and ecstasy. This was contradicted to some extent by the national advisory committee on drugs report which placed Ireland in the middle band, stating that we are slightly higher users of some drugs, but not all. Another report from the European Monitoring Centre for Drugs and Drug Addiction stated that Irish young people are the highest offenders when it comes to solvent use.

Whatever statistics or reports one chooses to believe, I must take notice of the Garda Commissioner's comments to the justice committee last week that the drug culture is growing. Commissioner Conroy also stated that Irish gangs are linked to criminal gangs in Spain and The Netherlands. He pointed out that criminal gangs are terrorising entire neighbourhoods, murdering their drug dealing opponents and that the Government must provide the resources to the Garda Síochána to allow it to do its job. It is clear from the situation in Limerick in the past year that those resources have not been forthcoming.

Limerick is a classic example of the Government losing control of the streets to violent drug gangs. As people have probably seen in the media, there is an ongoing court case in the city. Some 529 notices were sent to citizens of the city in regard to jury service on the case. An unprecedented number of medical certificates were returned to court officers and 170 people were finally summoned for service. Of those, just 100 turned up in court. It was a miracle that the Courts Service was able to cobble a jury together yesterday and, since then, two jurors have been excused. The level of fear displayed by potential jurors in this case is a disturbing indictment of the Government's policy on crime.

People are now more frightened of criminals than they are confident of the authorities protecting them. If ever there was a clearer argument made for additional resourcing of the Garda Síochána, it was made by those terrified citizens in the courtroom yesterday. The gardaí in Limerick are telling people that because of security arrangements around that court case and ongoing murder investigations, they do not have the resources to deal with ongoing criminal activity in the Limerick area. Again and again, this comes back to resources for the Garda Síochána. Whether in the case of the present Garda Commissioner, Mr. Conroy, or his predecessor, Mr. Pat Byrne, the Government has not listened and is not listening. That a jury cannot be formed for a murder trial is the Government's legacy on drugs and crime.

Last week, at a major international drug conference, the Government's record was outlined. Irish drug groups made it clear they had their budgets cut this year. Health board funding is down by between 7% and 9%, with no money planned for new drug services. The implementation of local drug task force projects is being blocked at senior departmental levels. The Young Peoples Facilities and Services Fund has been effectively dismantled and regional drug task forces have only administrative budgets with no money for programmes. Rehabilitation and after care projects in every health board area were to have been in place at the end of last year but that has not happened. More gardaí were to have been deployed in local drug task forces by the end of 2001, but that has not happened either. That is the Government's record when it comes to drugs and crime.

One finds some Ministers' comments quite strange. For example, the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Noel Ahern, observed last year that we did not seem to be causing the traffickers much pain. The price of drugs is decreasing and plenty of them are getting into the State. All we can do is keep up the fight and hit the drug pushers as hard and as often as possible. The Minister of State at the Department of Justice, Equality and Law Reform, Deputy O'Dea, cited example after example of drug seizures. If he spoke to senior gardaí, they would tell him that they are successful every now and then but a far larger amount of drugs is coming into Ireland and the situation is getting much worse.

Compare the reality of the situation with such comments and the fact that the Government is cutting resources to combat drugs. This proposal is not unreasonable when one considers how bad the situation has become. This Government has failed miserably and for once it should seriously consider an Opposition proposal and not object to it, just for form's sake.

This Bill has received much acclaim in the House and Deputy O'Dowd is to be commended on its introduction. Strangely, the Bill is like the potential son in law, "a nice guy, but. . . . ". It demonstrates a weakness of the House that the Government will not take it on board despite all the praise it has received.

The concept of giving money back to the community is not unique. Money in the environmental fund goes back to the community. We should be more progressive and accept the Bill. We often talk about politicians living in an ivory tower. If there is one issue where that is true, it is the abuse of drugs in this country. Drugs are classless. Speakers have mentioned Tallaght and Ballyfermot but drugs cross every divide in the country. The manifestation may be more severe in some areas, but they exist in every town and on every street. We are doing very little about it, we have lost the battle and will continue to do so irrespective of the legislation we pass unless the will exists to address the problem.

In many communities, law abiding people are terrified of the drug user next door knocking on the door at night to look for a lift to pick up his supply. The suppliers are former paramilitaries and godfathers of crime, those whom we used to call "the untouchables". They still exist because we have never addressed this problem. We must start fighting now.

Has the Taoiseach ever raised this issue with the few countries that are the main suppliers of drugs into Europe? We must start there. The end user is the victim, as is the link man who supplies him. The methadone maintenance programme is in place but there must be something beyond that because many communities refuse to assist in the establishment of facilities to deal with this habit.

In my constituency, two people died from drug overdoses last year and a few weeks ago there was an horrific incident where a youngster plucked out his eye with pliers while under the influence of drugs. He was in the process of trying to remove his other eye when he was intercepted. We are sweeping these facts under the carpet and failing to address them. This Bill is about social justice and it is a matter of regret that the Government will not take it on board.

I heard a student from UCC speaking on the radio about facilities in schools and communities that should be opened after hours. We should use such facilities. I was in Turkey during the summer and saw open spaces, not just 40 square metres in one corner of the estate, where people can socially interact with each other. In the next few months local authorities will be establishing levies for infrastructural projects. Sporting and voluntary organisations that assist with the provision of facilities in the community should be exempt from such levies. I call on the Minister of State, Deputy O'Dea, to use his influence with his col league, the Minister for the Environment, Heritage and Local Government, to send out an instruction to the local authorities to examine the concept of levies on sporting organisations.

I commend Deputy O'Dowd on this progressive, welcome legislation which will appear on the Statute Book some day.

I thank Members on all sides for expressing their views. I learned a great deal from what they said and that is what this House is all about, the frank exchange of views and moving the issue forward.

Deputy Gay Mitchell and I were invited by Dublin Citywide Drugs Crisis Campaign to a ceremony of remembrance for all those who had died as a result of drug abuse. We sat in a church where each town was represented and people spoke about their experiences and the effects drugs had on their lives. I compliment the organisation for being the genesis of the demand that comes through this Bill to the House. Campaign members stated that it is time the proceeds of crime were spent in the places where crimes are committed and where people suffer most – the six key areas in Dublin city where people are suffering from drugs, criminality and poor health, and on infrastructure and schools. It is time for the Government to make up its mind on where it stands on disadvantage, drug abuse and helping those communities. They must offer them support by ring-fencing this money, which is already in the Government coffers through the CAB, for them. There is much merit in Deputy's Gregory's idea that communities should apply for this money without its forming part of Government expenditure.

Under the Freedom of Information Act, I discovered that the Government funding for the existing level of service in 2002 to fight drugs was €14.2 million. In 2003, €23.9 was required but the Department of Finance reduced the budget to €21 million. The Government is not providing the funding to fight drugs that was passed by the Cabinet Committee on Social Inclusion meaning that projects will not be funded under present budgetary arrangements. That is a disgrace. I utterly refute the fine sounding 20 page script detailing what the Government did or did not do, the reality is that it is not funding the programmes it agreed to fund.

Other jurisdictions ring-fence money from drugs. The Spanish Government legislated to spend the proceeds of crime in the communities that have suffered most. The Scottish Executive has introduced funding broader than that in this Bill to give the communities that have suffered most the money derived from that suffering.

Where does this Government stand? Where did the Minister for Justice, Equality and Law Reform stand in the speech he gave last night? He stood nowhere. He is prepared to be a mem ber of the Government that ring-fences plastic bag, chewing gum and ATM receipt taxes for an environmental fund but he will not support the ring fencing of money that comes from the proceeds of crime for the communities that suffer most at the hands of the criminals and the drug barons. The Minister's contribution was utterly reprehensible from the point of view of the society he wishes to serve.

Question put.

Allen, Bernard.Boyle, Dan.Broughan, Thomas P.Bruton, John.Bruton, Richard.Connaughton, Paul.Costello, Joe.Crowe, Seán.Cuffe, Ciarán.Deasy, John.Deenihan, Jimmy.Durkan, Bernard J.Enright, Olwyn.Ferris, Martin.Gilmore, Eamon.Gogarty, Paul.Gormley, John.Gregory, Tony.Harkin, Marian.Hayes, Tom.Healy, Seamus.Higgins, Joe.Howlin, Brendan.Kehoe, Paul.Lynch, Kathleen.McGinley, Dinny.

McGrath, Finian.McManus, Liz.Mitchell, Gay.Mitchell, Olivia.Morgan, Arthur.Moynihan-Cronin, Breeda.Naughten, Denis.Neville, Dan.Ó Caoláin, Caoimhghín.Ó Snodaigh, Aengus.O'Dowd, Fergus.O'Shea, Brian.O'Sullivan, Jan.Pattison, Seamus.Penrose, Willie.Perry, John.Quinn, Ruairi.Ryan, Seán.Sargent, Trevor.Shortall, Róisín.Stagg, Emmet.Stanton, David.Twomey, Liam.Upton, Mary.Wall, Jack.

Níl

Ahern, Dermot.Ahern, Noel.Ardagh, Seán.Blaney, Niall.Brady, Johnny.Brady, Martin.Breen, James.Browne, John.Callanan, Joe.Callely, Ivor.Carey, Pat.Carty, John.Cassidy, Donie.Cooper-Flynn, Beverley.Coughlan, Mary.Cregan, John.Cullen, Martin.Curran, John.Dempsey, Noel.Dempsey, Tony.Dennehy, John.Devins, Jimmy.Ellis, John.Finneran, Michael.Fitzpatrick, Dermot.Fleming, Seán.Gallagher, Pat The Cope.Hanafin, Mary.Haughey, Seán.

Hoctor, Máire.Kelleher, Billy.Kelly, Peter.Killeen, Tony.Kirk, Seamus.Lenihan, Brian.McDaid, James.McDowell, Michael.McEllistrim, Thomas.McGuinness, John.Martin, Micheál.Moloney, John.Moynihan, Donal.Mulcahy, Michael.Nolan, M.J.Ó Cuív, Éamon.Ó Fearghaíl, Seán.O'Connor, Charlie.O'Dea, Willie.O'Donnell, Liz.O'Donovan, Denis.O'Flynn, Noel.O'Keeffe, Batt.O'Malley, Tim.Power, Peter.Power, Seán.Roche, Dick.Ryan, Eoin. Sexton, Mae.

Níl–continued

Smith, Michael.Treacy, Noel.Wallace, Mary.

Walsh, Joe.Wilkinson, Ollie.

Tellers: Tá, Deputies Durkan and Stagg; Níl, Deputies Hanafin and Kelleher.
Question declared lost.
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