Diarmuid Wilson (Fianna Fail) | Oireachtas source

I welcome the Minister of State, Deputy Ó Ríordáin, to the House. I also welcome the Bill, which Fianna Fáil supports wholeheartedly, and the changes it makes to the bail laws and to the sentencing regime. I have listened to all the contributions in the Chamber, all of which are familiar to me. I did some research on this issue and I understand there were 28,830 recorded burglary and related offences in the 12-month period ending in June 2015. This represents an increase of 2,241, or more than 8%, when compared with the corresponding period ending in 2014. While this is only a statistic, when Members think about all the families, households and communities that are affected and the devastating impact a burglary can have, these statistics can only be described as a national crisis. The closure of 139 Garda stations and the reduction in Garda numbers from 14,000 to approximately 12,500 members, have left both urban and rural communities extremely vulnerable to burglary. The recent spate of violent attacks during burglaries on elderly people in their homes has left many people living in constant fear. My party already has published a Bill to introduce a mandatory three year jail sentence for criminals convicted of burglary and a minimum of seven years on conviction of a third offence. Fianna Fáil did this because we understand that when someone breaks into one's home, it is not just the items which are stolen that causes the impact but also the shattering of the sense of security and comfort a home offers. This is particularly the case for elderly people, who are most vulnerable in their homes. No law can bring back that comfort and security to the individuals targeted and that is why Members must be ready to do whatever it takes to end the current crisis. I note what the Minister of State said in his contribution and Senator Barrett alluded to the comments of Mr. Justice Adrian Hardiman of the Court of Criminal Appeal when he stated, “The offence of burglary committed in a dwellinghouse is in every instance an act of aggression, an attack on the personal rights of the citizen as well as a public crime and is a violation of him or her." That sums it up quite well for us all.

The burglary epidemic being witnessed nationwide is being carried out by a few criminals. These individuals are ruthless, often albeit not always, fuelled by drugs and have absolutely no regard for the law. Unfortunately, they are better equipped with technology than are gardaí and have high-powered vehicles that can outrun any Garda patrol car. I acknowledge the Government will invest in new high-powered cars for the Garda, which I greatly welcome. Members must give the Garda the necessary resources to defeat these criminals. The State has a duty to defend its citizens from lawlessness and at present it is failing in that duty, which is a great shame. Members must wake up to the challenge faced by communities and rural communities in particular, which feel isolated and where people often live in fear because of these criminal actions. I am familiar, as are other colleagues, with the stories of many elderly people who lock their doors at 6 p.m. and Senator Brennan has just alluded to such a case. They refuse to answer the door after that time because they live in fear in their homes. I also know of neighbours who do everything they can to protect their homes but believe they will be the next victims of this horrendous crime. I hope this Bill will act as an additional deterrent to those engaged in criminal activities. However, even in cases where criminals who engage in burglary are convicted, there is a significant chance of the individual reoffending when they are released. As some colleagues have referred to the reoffending statistics, I do not intend to go into that subject again.

The other issue I wish to see addressed is the free legal aid system. Victims of burglary who are obliged to go to court must have legal representation and are obliged to pay for it themselves. In 99% of cases, the criminal who has committed the offence is given free legal aid. Free legal aid is too freely available and this issue must be examined in depth. I ask the Minister of State to so do. I welcome the resources the Government is providing to the Garda. We need to build up the numbers of gardaí in communities. A burglary in a house in Dublin or in a rural community has the same effect on the person who is burgled. Such victims feel isolated and live in fear. Some communities have taken matters into their own hands. I refer to the group formed recently after a public meeting in Swanlinbar in County Cavan. A group of individuals is now patrolling their area and has had some success in catching criminals. Cross-Border crime is a particular problem in the area I come from. The Minister of State would be familiar with it through family connections. In these particular cases, persons have been caught engaging in criminality and have been handed over to the Police Service of Northern Ireland but they have walked free. That is because the law is backing the criminal. These communities telephone the local gardaí but by the time the gardaí get to the scene of the crime, it is too late and they are gone. We need to put the gardaí on the ground in the communities.

There is also a need to invest heavily in smart technology. Garda stations that have been closed will not reopen. Unfortunately, it is a fact that more Garda stations will close. We should have a system where every number plate in the State is recognisable and it should be easy to say whether a car is taxed, is insured, has undergone the NCT and who owns it. If it is cloned, we should be able to identify this and move in fairly quickly on the person driving it.

I welcome the Bill, which my party fully supports. I hope it has a speedy passage through this House.