GARDA ISSUES AND CRIME
Each speech listed here is an edited speech. If you'd like to see the speech or debate in full, please go to the Oireachtas website and click on "Seanad Eireann" and then "Seanad Debates" and click on the relevant date as listed with each speech on this page.
Head Shops (26/01/10)
Criminal Law (Admissibility of Evidence) Bill 2008 (10/12/08)
Pistols and Handgun Legislation (25/11/08)
Criminal Law (Human Trafficking) Bill 2007 (26/02/08)
Protection of Coast against Drug Smuggling (03/07/07)
Drugs Trade (28/09/06)
Criminal Justice Bill (30/06/06)
G.R.A. and the Garda Reserve Force (10/05/06)
Criticism of the Garda Force (09/03/06)
Criticism of the Garda Force (08/03/06)
Drugs and Gun Crime (07/03/06)
Criminal Justice Bill (02/03/06)
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Head Shops
26/01/10 - Last Thursday I drew the attention of the House to the motion proposed by Senator Norris and seconded by me, which read: “That Seanad Éireann urges the Government to introduce legislation aimed at regulating the sale of dangerous, non quality controlled and indeterminately compounded substances through so called ’Head Shops’ ”. The Leader kindly agreed to take the motion if there was all-party support for it. I have spoken to every party in the meantime and the motion now has the support of Senators Cassidy, Fitzgerald, Alex White and Boyle. Therefore, I propose an amendment to the Order of Business that motion No. 21 be taken first today without debate. It is fair to say that what we are discussing is high street drug peddling. While “head shops” might not be breaking any law and are, de jure, legal, de facto they go against everything contemplated in the control of substances. As someone who worked for many years in Irish and European anti-drugs structures, this is appalling. In order that people will understand, we are discussing circumstances where minor changes are made to substances which are then made freely available on the high street. There can be psychotic and damaging consequences for young and old people of all descriptions. This not only leads to difficulties for society but also to deaths. It is beyond belief and totally unacceptable that such substances are not controlled. I have studied this area again during the past week. The substances in question are far more dangerous than some of the items outlawed by legislation. This is exactly like the development of LSD and other psychedelic substances in the late 1950s, 1960s and 1970s that were then named and outlawed. There are substances now which are equally as damaging. As well as approving the motion today, it would be very helpful for us to have a debate on the issue at an appropriate time as it pertains to all counties throughout the country.
The Garda drugs squad is trying to deal with drug peddlers but this creates the same human and social difficulties, although there may not be crime involved. The issue must be dealt with, regulated and controlled immediately.
Criminal Law (Admissibility of Evidence) Bill 2008
10/12/08 - … there is a huge demand for this kind of legislation. .. but I have significant difficulties with parts of it. .. I am uncomfortable with some aspects of the Bill. Perhaps in an old-fashioned way, I still believe it is better for 99 guilty people to go free rather than have one innocent person imprisoned. There is not much demand for that viewpoint at the moment and I can see why, given the significant levels of crime. Nonetheless, issues have been raised by Senator Regan which do not cut across my idea of the basic principles of law and constitutional rights. One, for instance, is where the Garda — not improperly, but through properly established surveillance — comes across information or hears conversations, which would be useful if introduced as evidence afterwards. I think there would be no objection to the Bill dealing with that issue, but it does not do so. That is a matter of concern. I am talking in particular about a situation where the Garda properly obtains authority to intercept telephone or other communications and in the course of that comes across certain conversations which would be useful as evidence. In that situation, it should be allowed because it does not contravene the laws of hearsay. Those laws are complex but the problem arises when people use the evidence to back up something said by a third party who is not present. Using evidence which is put together in that way to convict somebody in court would not be a breach of the laws of evidence. It seems to be a sensible thing to do.
Senator Regan has touched on items where it would be reasonable for the courts to draw conclusions from certain actions or information being brought forth. I am uncomfortable with the idea of using what the Senator describes as improperly or illegally obtained evidence. In light of all we have seen in Donegal and elsewhere, I am uncomfortable with that, although I do not question the reasons given by the Senator for putting forward that proposition. I am worried about it nonetheless because, at the very least, it could allow for sloppy Garda behaviour. It could even support corrupt Garda activity, although Senator Regan would never have envisaged that.
I support his point about obtaining evidence as the result of a mere mistake or oversight, as opposed to a deliberate and conscious violation. The issue of a writ being 24 hours out of date, for example, should be dealt with in a sensible and practical way, as outlined in section 5. I can see how it could be included in a Government Bill or could be accepted by the Government with minor amendments.
It is absolutely right for us to address these issues, but I would like to tease them out further on Committee Stage. I would like to see the Minister arguing over the Bill point by point. I would like to hear the various views involved and in that way we could strengthen the law. It is incontrovertible that the general population is uneasy with the way things are currently operating. We cannot blame the courts because they implement what we decide, although we often ignore that fact. We have regular debates during which Senators discuss the fact that judges do not hand down mandatory sentences for drug offences, despite the fact that we inserted three conditions in the legislation before the mandatory sentence can be applied. We do this all the time and, as politicians, we get away with it. Generally speaking, the Judiciary implements the law as they are given it. If we are not happy with the outcomes, we need to change the law. That is why Senator Regan’s proposal is an important step. It is an important part of the discussion which we must address. … Although some work remains to be done on the Bill, this is, nevertheless, an important debate.
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Pistols and Handgun Legislation
25/11/08 - Since I became a Member, every Government has produced legislation in reaction to some major news item of the day. … The closest equivalent we have had recently is the legislation on pistols and pistol shooting. People with handguns in this country must surmount a most intense set of barriers in order to be allowed obtain a pistol licence. They do not shoot animals or birds but at targets and they are reasonable, sensible and secure people. No evidence has ever been presented showing that legally held handguns have ever been used in crimes. There is plenty of evidence to suggest that legally held shotguns have been stolen regularly from their owners and used in crimes. The introduction of the legislation on handguns is simply a reactionary move. It is not fair on those who are involved in a sport that does no harm to anybody, who are absolutely secure, sensible and dependable and who take every single step to ensure they act carefully and in line with the law of the land. They are in constant contact with the security people and the Garda in this regard. I ask the Government to rethink the introduction of the legislation.
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Criminal Law (Human Trafficking) Bill 2007
26/02/08 - If the Minister of State (Deputy Brendan Smith) did nothing during his time in office other than accept or rewrite this amendment to make it clear that those who use prostitutes are breaking the law and should be prosecuted, it would be a fine memorial to him.
I can accept that there is a case for and against legalisation (of prostitution). However, I have never heard any argument in support of the situation that currently exists in Ireland. Of the three people involved in the eternal triangle of pimp, prostitute and user, only the first two are regularly convicted. However, the user - the person who creates the demand - is never prosecuted.
…. trafficking and prostitution are inextricably and intrinsically linked. People are not being trafficked to work as au pairs in south Dublin or to earn decent wages and pay taxes. People are trafficked for the simple reason of being further forcibly and involuntarily involved in crime in the country to which they are being trafficked. It is clear the majority are crimes based on sexual exploitation.
This leads us to the user. In this morning’s newspapers we read of somebody being prosecuted for looking at a form of pornography on the web. When that piece of legislation went through the Houses, many people were a little worried that this act was a long way removed from the crime and the child who was being abused or the exploitation by pimps, etc. The more it was discussed and people thought about it, the more certain we were that these people were creating the market. The people looking at child pornography were creating the demand and for that reason we had to take the steps to get rid of the problem.
With regard to Senator Mullen’s proposed amendment, we are considering demand. If it becomes a prosecutable crime to use the services of a prostitute, a crime for which somebody generally will appear in court, it will change the whole ball game. …. What we are trying to do here is focus on the demand area rather than the supply, which is always the most effective way to deal with such issues, whether they involve drugs, prostitution or trafficking. This proposed amendment deals with that point.
No person of decency, correctness or logic could argue against the amendment. Unless there is a convincing and compelling argument as to why this should not be passed - or an amendment very like it - we will have done a very bad day’s work in not doing our utmost to push this to its limit.
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Protection of Coast against Drug Smuggling
03/07/07 - ….. one can bring a boat into any port in Ireland without any type of strict procedure coming into play. Let me give a simple example that the Members can take away from here. I heard the suggestion on the radio programme “Morning Ireland” that we need a fleet of boats and an extra platoon of soldiers. We do not need that. In France there are people sitting at radar stations around the country. These radar stations can cover 100 miles of coast and every boat coming into that area can be seen. The ships are radioed and requested to report what they are carrying, where they are going and from where they came. It is done in the language of the ship. If a satisfactory answer is not forthcoming, the matter is dealt with. We do not need a huge customs force or a huge fleet of boats. We do not need to change the law. We need to be sensible.
Mizen Head is the most south westerly point of Ireland. It is a dangerous place to go in a boat at any time, not to mind in the middle of the night in winds of force 6 or force 7. With a couple of radar stations, one at Mizen Head, one at Rosslare or Tuskar Rock, and one in between, the whole south coast could be covered. A person sitting in an office in Dublin looking at a screen could ring the local coastguard and request that a particular boat be contacted and if there is no response a cutter can be sent out to it. It would be easy and would not require a change in the law. I do not want to see a raft of legislation to deal with this. It can be done.
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Drugs Trade
28/09/06 - Yesterday we spoke about the Garda sergeant shot on the south side in the course of his duty. At the time most of us had not read the details of the incident. The Garda was on duty outside a home, preserving the scene of a crime, when someone came up and shot him. It did not happen as part of an assault; it was a cold, calculated shooting. This goes straight back to the drugs trade and the issue of importation of drugs.
It is a much wider issue than that of airport security. The same applies to boats or ships coming into the country. There is no check on these, a matter I have raised before. Air traffic control and the Irish Coast Guard should always refer incoming traffic to the appropriate authorities but this does not happen. There is a requirement on people entering the country whether by boat or aeroplane to report to customs. This puts pressure on honest people and provides an escape route for those wishing to break the law. The current system has not and is not working and must be changed.
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Criminal Justice Bill
30/06/06 - The basis of our system of justice is that it is better that 99 guilty people go free than one innocent person is found guilty. The system is biased in favour of the criminal, an extraordinary irritant. Legislators must find the balance while meeting the needs of people who suffer in communities destroyed by criminal gangs.
Six months ago, in a high profile case, a suspect was questioned and detained for a certain number of hours. He was brought to the District Court to extend the period of detention. Lawyers continued the case hearing so that the original period of detention expired during the hearing for the extension. The law was interpreted to mean that the person could not be held and consequently the man walked free, even though he was re-arrested later. It was a classic example of a legal technicality being used.
I drafted a Bill, No. 11 on today’s Order Paper, entitled an Act to amend the Offences Against the State Act 1939. That sought to correct the anomaly outlined in this example. I wrote to the Minister, who agreed with the points in the Bill. He requested that I hold back with this Bill because he hoped to deal with the matter in the Criminal Justice Bill. It gives me great pleasure to recognise section 187 of the Bill. The section states “it shall be deemed not to expire until the determination of the application”. I express my gratitude to the Minister who has always been available to listen to arguments in the House. This matter addresses the needs of people and closes off a technicality that gave no protection to innocent people and was abused to allow people to play ducks and drakes with the Garda Síochána. The matter has been dealt with in exactly the manner I requested.
The other issue on which the Minister might respond is the imposition of mandatory sentences. … we passed legislation providing for a mandatory ten-year sentence for certain drugs offences. The courts have taken a different view and have not felt mandated to impose a sentence of ten years. I must admit I agreed with many of the court decisions I have examined. The judges made a judgment that it did not apply in those cases. However, sometimes one sees cases where the sentences are too light. When there is no doubt and one can see the level of suffering and devastation for families and communities, it is not enough.
Will the Minister explain the position with mandatory sentencing? Are we entitled to provide for it at all? Is there a constitutional question as to whether we can tell judges what they must do?
I wish the legislation well. There is so much in it there will probably be problems with it, although I cannot find them. The Bill is too big for me; there is too much in it. However, it had to be brought forward. It certainly meets the needs of right wingers, who are calling for more of this and that and less of the other. I support the legislation in the hope that it will work.
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G.R.A. and the Garda Reserve Force
10/05/06 - The matter is heading over the brink at this stage, which is generally recognised by people. Politicians and public representatives have handled themselves very well on the matter to date. They have made clear their concerns. The State has a long understanding of the relationship between the Garda force, the Legislature and public representation.
Both sides must recognise certain realities. The Garda reserve force is a legislative reality. It exists and it will have to remain. On the other hand, the Garda Representative Association’s valid concerns about its professionalism and the professionalism of the force are equally valid, which must also be recognised. As I have said previously, I am a consistent admirer of the Commissioner, who is an extraordinarily talented man. He is doing a very good job in extremely difficult circumstances. I know from listening to him on the radio this morning that what he said came from the heart. I also believe that the Minister has shown time and again, even when he has taken a hard public line, that he is prepared to do business if people wish to do business with him.
It needs to be resolved through a process of mediation. There are sensible people on all sides of this debate. The Garda Representative Association has valid concerns, the Legislature has made certain decisions, the Commissioner has a high level of responsibility and the Minister has a duty to implement the wishes of Parliament. While there are different points of view on the matter, they are not mutually exclusive. The parties can be brought together through common sense and a process of moving forward. Everybody will have to move slightly from their stated positions. I propose that the issue is moved into a mediation or arbitration process, with all parties prepared to look positively at the outcome.
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Criticism of the Garda Force
09/03/06 - Late last night — between 10 p.m. and 11 p.m. — a guy walked free from the courts because his period of detention had expired. Although gardaí went to court to seek an extension, the court ruled that the new detention order had not been signed on time. There have been reports on this overnight, and this morning I heard snide comments about gardaí on one radio station to the effect that this is another case of them getting it wrong. Gardaí were in the court four hours early. The problem was with the courts and the law. It is easy for reporters to make comments. The gardaí were there and the courts advised that there was nothing to rush about. However, there was something to rush about and when it went to the High Court later last night the interpretation was that the law was flawed.
This morning I have written a Bill amending the Offences against the State Act 1939, merely stating that the period of detention of an arrested person would be considered not to have expired until court hearings are concluded, with other appropriate language.
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Criticism of the Garda Force
08/03/06 - Over the past number of weeks, and right back to the inquiry into the Garda in Donegal, the (Garda) force has been to the forefront of many comments made here and in other places. We saw this again two weeks ago in O’Connell Street. The reality is that when push comes to shove gardaí are the people standing there on our behalf. I would be the first to criticise behaviour which I do not accept, and many of us criticised what happened in Donegal and in other places. It is right that we should do so and that we should always be watchful. However, it is becoming almost a cant that when something goes wrong we focus on the Garda in the most negative way.
Yesterday an individual died in custody and there was a proper and immediate outcry. In some of the commentary the presumption of innocence went out the window. Gardaí are as entitled to a presumption of innocence until proven guilty as anybody else. We should show our trust and confidence in them. If they get it wrong we should say so. We should wait until we find that to be the case.
Having said that, gardaí also need support in two ways. It is a convention that every death in custody should be investigated independently. Such an investigation does not instil trust and confidence if it is not carried out by an independent body. That is what we should seek to happen. That should be done in a way in which we show our trust and confidence in the Garda in doing an impossible job.
Arising from yesterday’s business, the question arose that this [Donna Cleary murder suspect] person should have been behind bars anyway. There is a simple administrative reason why that was not the case, namely, a lack of resources. Let us put it clearly on the agenda. In every Garda station in this city there is a sheaf of warrants for the arrest of people who have jumped bail, who should have been arrested and who cannot be found and the Garda is not being given the resources to do it. We must recognise that fact. Rather than simply pointing the finger at the Garda, let us give it the resources to do its work.
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Drugs and Gun Crime
07/03/06 - My point is on the eruption or great expansion in the use of cocaine in the better-off areas of Dublin and, consequently, in other parts of the country. Although we may not be able to circulate our message to all the people all the time, we certainly want to make it absolutely clear to the so-called sophisticates who are using cocaine at the weekend that they are paying for a racket and system that maintains the gun culture. We know for a fact and have evidence that some of the cocaine being sent to Ireland comes with a number of unasked for guns thrown in. It is normal that guns, as well as drugs, are given to gangs to be used in continuing their reign of terror. It is absolutely a fact. We may have lost some of the battles in this regard, but we should not tolerate the activities of those who think it is smart or sophisticated to use guns.
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Criminal Justice Bill
02/03/06 - Is cuimhin liom nuair a tháinig mé isteach sa Teach seo don chéad uair, bhí an-díospóireacht ar extradition. Bhí an-deacrachtaí ag Fianna Fáil faoi seo. Bhí argóintí ar an dá thaobh gan díriú isteach ar an dul chun cinn a ba cheart a dhéanamh. Chaith mé mó vóta i gcoinne an reachtaíochta, cé go bhfuil mé i bhfabhar extradition. Mhothaigh mé go láidir gur cheart prima facie case de shaghas éigin curtha thar bhráid cúirte. Bhí mé i gcónaí ar son extradition, bhí mé in éadan safe havens dóibh siúd a rinne whatever ar dhaoine.
Tá reachtaíocht na tíre seo bunaithe ar Westminster. Ag féachaint ar an chód dlíthiúil sa Fhrainc, tá an-difríochta ann. Labhair an Seanadóir Walsh faoi chiontacht. Bun-phrionsabal reachtaíochta na tíre seo go bhfuil duine neamhchiontach go dtí go bhfuil fianaise curtha os comhair na cúirte agus tá an chúirt sásta go bhfuil an duine ciontach. Ní tharlaíonn sin i dtíortha eile agus tá sin casta.
Tá mé i bhfabhar cad a dúirt an tAire ach ní thuigim conas mar a tharlóidh sé. Bhí mé ag féachaint ar an sliocht ag baint leis an right to silence and the demand to give evidence. Nuair a bhí muid ag plé leis an right to silence cúpla bliain ó shin, dúirt muid go bhfuil an chúirt in ann inference a thógáil dá mba rud é nach bhfuil duine sásta fianaise a thabhairt. Níor chuir muid deireadh leis an cheart ciúnais. Tá sin tábhachtach má tá muid sásta comhoibriú agus fianaise a chur ar fáil do stát eile faoi duine atá ina chónaí anseo.
Cuirim fáilte faoin méid a dúirt an tAire faoi fhianaise tríd an fhón agus teicneolaíochtaí teilifíse nó any kind of technology between two countries. Tá mé i bhfabhar na húdaráis i dtíortha eile bheith in ann sonraí bainc a chuardach sa tslí céanna agus is féidir sa tír seo. Tá sin tábhachtach ach tá deacracht ag baint leis. Tá an tAire ag iarraidh dul i ngleic le cearta atá ag tarraingt i gcoinne a chéile, an ceart ciúnais ar an taobh amháin agus freagracht fianaise a chur ar fáil ar an taobh eile. The Minister’s comhghleacaithe i Kings Inns could go on their pension with this legislation. An deacracht a bheidh ann ná go mbeidh daoine sna cúirteanna go ceann míonna ag iarraidh seo a chur i bhfeidhm.
I would like to hear the Minister’s comments on that issue. How can we tie it up? I am in favour of the legislation, although there might be issues which I would like changed or which I would like the Minister to reconsider. Any fair-minded democrat would have to be in favour of what we are trying to do.
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Seanad debates are available in full on the Oireachtas website
Each speech listed here is an edited speech. If you'd like to see the speech or debate in full, please go to the Oireachtas website and click on "Seanad Eireann" and then "Seanad Debates" and click on the relevant date as listed with each speech on this page.
Head Shops (26/01/10)
Criminal Law (Admissibility of Evidence) Bill 2008 (10/12/08)
Pistols and Handgun Legislation (25/11/08)
Criminal Law (Human Trafficking) Bill 2007 (26/02/08)
Protection of Coast against Drug Smuggling (03/07/07)
Drugs Trade (28/09/06)
Criminal Justice Bill (30/06/06)
G.R.A. and the Garda Reserve Force (10/05/06)
Criticism of the Garda Force (09/03/06)
Criticism of the Garda Force (08/03/06)
Drugs and Gun Crime (07/03/06)
Criminal Justice Bill (02/03/06)
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Head Shops
26/01/10 - Last Thursday I drew the attention of the House to the motion proposed by Senator Norris and seconded by me, which read: “That Seanad Éireann urges the Government to introduce legislation aimed at regulating the sale of dangerous, non quality controlled and indeterminately compounded substances through so called ’Head Shops’ ”. The Leader kindly agreed to take the motion if there was all-party support for it. I have spoken to every party in the meantime and the motion now has the support of Senators Cassidy, Fitzgerald, Alex White and Boyle. Therefore, I propose an amendment to the Order of Business that motion No. 21 be taken first today without debate. It is fair to say that what we are discussing is high street drug peddling. While “head shops” might not be breaking any law and are, de jure, legal, de facto they go against everything contemplated in the control of substances. As someone who worked for many years in Irish and European anti-drugs structures, this is appalling. In order that people will understand, we are discussing circumstances where minor changes are made to substances which are then made freely available on the high street. There can be psychotic and damaging consequences for young and old people of all descriptions. This not only leads to difficulties for society but also to deaths. It is beyond belief and totally unacceptable that such substances are not controlled. I have studied this area again during the past week. The substances in question are far more dangerous than some of the items outlawed by legislation. This is exactly like the development of LSD and other psychedelic substances in the late 1950s, 1960s and 1970s that were then named and outlawed. There are substances now which are equally as damaging. As well as approving the motion today, it would be very helpful for us to have a debate on the issue at an appropriate time as it pertains to all counties throughout the country.
The Garda drugs squad is trying to deal with drug peddlers but this creates the same human and social difficulties, although there may not be crime involved. The issue must be dealt with, regulated and controlled immediately.
Criminal Law (Admissibility of Evidence) Bill 2008
10/12/08 - … there is a huge demand for this kind of legislation. .. but I have significant difficulties with parts of it. .. I am uncomfortable with some aspects of the Bill. Perhaps in an old-fashioned way, I still believe it is better for 99 guilty people to go free rather than have one innocent person imprisoned. There is not much demand for that viewpoint at the moment and I can see why, given the significant levels of crime. Nonetheless, issues have been raised by Senator Regan which do not cut across my idea of the basic principles of law and constitutional rights. One, for instance, is where the Garda — not improperly, but through properly established surveillance — comes across information or hears conversations, which would be useful if introduced as evidence afterwards. I think there would be no objection to the Bill dealing with that issue, but it does not do so. That is a matter of concern. I am talking in particular about a situation where the Garda properly obtains authority to intercept telephone or other communications and in the course of that comes across certain conversations which would be useful as evidence. In that situation, it should be allowed because it does not contravene the laws of hearsay. Those laws are complex but the problem arises when people use the evidence to back up something said by a third party who is not present. Using evidence which is put together in that way to convict somebody in court would not be a breach of the laws of evidence. It seems to be a sensible thing to do.
Senator Regan has touched on items where it would be reasonable for the courts to draw conclusions from certain actions or information being brought forth. I am uncomfortable with the idea of using what the Senator describes as improperly or illegally obtained evidence. In light of all we have seen in Donegal and elsewhere, I am uncomfortable with that, although I do not question the reasons given by the Senator for putting forward that proposition. I am worried about it nonetheless because, at the very least, it could allow for sloppy Garda behaviour. It could even support corrupt Garda activity, although Senator Regan would never have envisaged that.
I support his point about obtaining evidence as the result of a mere mistake or oversight, as opposed to a deliberate and conscious violation. The issue of a writ being 24 hours out of date, for example, should be dealt with in a sensible and practical way, as outlined in section 5. I can see how it could be included in a Government Bill or could be accepted by the Government with minor amendments.
It is absolutely right for us to address these issues, but I would like to tease them out further on Committee Stage. I would like to see the Minister arguing over the Bill point by point. I would like to hear the various views involved and in that way we could strengthen the law. It is incontrovertible that the general population is uneasy with the way things are currently operating. We cannot blame the courts because they implement what we decide, although we often ignore that fact. We have regular debates during which Senators discuss the fact that judges do not hand down mandatory sentences for drug offences, despite the fact that we inserted three conditions in the legislation before the mandatory sentence can be applied. We do this all the time and, as politicians, we get away with it. Generally speaking, the Judiciary implements the law as they are given it. If we are not happy with the outcomes, we need to change the law. That is why Senator Regan’s proposal is an important step. It is an important part of the discussion which we must address. … Although some work remains to be done on the Bill, this is, nevertheless, an important debate.
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Pistols and Handgun Legislation
25/11/08 - Since I became a Member, every Government has produced legislation in reaction to some major news item of the day. … The closest equivalent we have had recently is the legislation on pistols and pistol shooting. People with handguns in this country must surmount a most intense set of barriers in order to be allowed obtain a pistol licence. They do not shoot animals or birds but at targets and they are reasonable, sensible and secure people. No evidence has ever been presented showing that legally held handguns have ever been used in crimes. There is plenty of evidence to suggest that legally held shotguns have been stolen regularly from their owners and used in crimes. The introduction of the legislation on handguns is simply a reactionary move. It is not fair on those who are involved in a sport that does no harm to anybody, who are absolutely secure, sensible and dependable and who take every single step to ensure they act carefully and in line with the law of the land. They are in constant contact with the security people and the Garda in this regard. I ask the Government to rethink the introduction of the legislation.
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Criminal Law (Human Trafficking) Bill 2007
26/02/08 - If the Minister of State (Deputy Brendan Smith) did nothing during his time in office other than accept or rewrite this amendment to make it clear that those who use prostitutes are breaking the law and should be prosecuted, it would be a fine memorial to him.
I can accept that there is a case for and against legalisation (of prostitution). However, I have never heard any argument in support of the situation that currently exists in Ireland. Of the three people involved in the eternal triangle of pimp, prostitute and user, only the first two are regularly convicted. However, the user - the person who creates the demand - is never prosecuted.
…. trafficking and prostitution are inextricably and intrinsically linked. People are not being trafficked to work as au pairs in south Dublin or to earn decent wages and pay taxes. People are trafficked for the simple reason of being further forcibly and involuntarily involved in crime in the country to which they are being trafficked. It is clear the majority are crimes based on sexual exploitation.
This leads us to the user. In this morning’s newspapers we read of somebody being prosecuted for looking at a form of pornography on the web. When that piece of legislation went through the Houses, many people were a little worried that this act was a long way removed from the crime and the child who was being abused or the exploitation by pimps, etc. The more it was discussed and people thought about it, the more certain we were that these people were creating the market. The people looking at child pornography were creating the demand and for that reason we had to take the steps to get rid of the problem.
With regard to Senator Mullen’s proposed amendment, we are considering demand. If it becomes a prosecutable crime to use the services of a prostitute, a crime for which somebody generally will appear in court, it will change the whole ball game. …. What we are trying to do here is focus on the demand area rather than the supply, which is always the most effective way to deal with such issues, whether they involve drugs, prostitution or trafficking. This proposed amendment deals with that point.
No person of decency, correctness or logic could argue against the amendment. Unless there is a convincing and compelling argument as to why this should not be passed - or an amendment very like it - we will have done a very bad day’s work in not doing our utmost to push this to its limit.
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Protection of Coast against Drug Smuggling
03/07/07 - ….. one can bring a boat into any port in Ireland without any type of strict procedure coming into play. Let me give a simple example that the Members can take away from here. I heard the suggestion on the radio programme “Morning Ireland” that we need a fleet of boats and an extra platoon of soldiers. We do not need that. In France there are people sitting at radar stations around the country. These radar stations can cover 100 miles of coast and every boat coming into that area can be seen. The ships are radioed and requested to report what they are carrying, where they are going and from where they came. It is done in the language of the ship. If a satisfactory answer is not forthcoming, the matter is dealt with. We do not need a huge customs force or a huge fleet of boats. We do not need to change the law. We need to be sensible.
Mizen Head is the most south westerly point of Ireland. It is a dangerous place to go in a boat at any time, not to mind in the middle of the night in winds of force 6 or force 7. With a couple of radar stations, one at Mizen Head, one at Rosslare or Tuskar Rock, and one in between, the whole south coast could be covered. A person sitting in an office in Dublin looking at a screen could ring the local coastguard and request that a particular boat be contacted and if there is no response a cutter can be sent out to it. It would be easy and would not require a change in the law. I do not want to see a raft of legislation to deal with this. It can be done.
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Drugs Trade
28/09/06 - Yesterday we spoke about the Garda sergeant shot on the south side in the course of his duty. At the time most of us had not read the details of the incident. The Garda was on duty outside a home, preserving the scene of a crime, when someone came up and shot him. It did not happen as part of an assault; it was a cold, calculated shooting. This goes straight back to the drugs trade and the issue of importation of drugs.
It is a much wider issue than that of airport security. The same applies to boats or ships coming into the country. There is no check on these, a matter I have raised before. Air traffic control and the Irish Coast Guard should always refer incoming traffic to the appropriate authorities but this does not happen. There is a requirement on people entering the country whether by boat or aeroplane to report to customs. This puts pressure on honest people and provides an escape route for those wishing to break the law. The current system has not and is not working and must be changed.
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Criminal Justice Bill
30/06/06 - The basis of our system of justice is that it is better that 99 guilty people go free than one innocent person is found guilty. The system is biased in favour of the criminal, an extraordinary irritant. Legislators must find the balance while meeting the needs of people who suffer in communities destroyed by criminal gangs.
Six months ago, in a high profile case, a suspect was questioned and detained for a certain number of hours. He was brought to the District Court to extend the period of detention. Lawyers continued the case hearing so that the original period of detention expired during the hearing for the extension. The law was interpreted to mean that the person could not be held and consequently the man walked free, even though he was re-arrested later. It was a classic example of a legal technicality being used.
I drafted a Bill, No. 11 on today’s Order Paper, entitled an Act to amend the Offences Against the State Act 1939. That sought to correct the anomaly outlined in this example. I wrote to the Minister, who agreed with the points in the Bill. He requested that I hold back with this Bill because he hoped to deal with the matter in the Criminal Justice Bill. It gives me great pleasure to recognise section 187 of the Bill. The section states “it shall be deemed not to expire until the determination of the application”. I express my gratitude to the Minister who has always been available to listen to arguments in the House. This matter addresses the needs of people and closes off a technicality that gave no protection to innocent people and was abused to allow people to play ducks and drakes with the Garda Síochána. The matter has been dealt with in exactly the manner I requested.
The other issue on which the Minister might respond is the imposition of mandatory sentences. … we passed legislation providing for a mandatory ten-year sentence for certain drugs offences. The courts have taken a different view and have not felt mandated to impose a sentence of ten years. I must admit I agreed with many of the court decisions I have examined. The judges made a judgment that it did not apply in those cases. However, sometimes one sees cases where the sentences are too light. When there is no doubt and one can see the level of suffering and devastation for families and communities, it is not enough.
Will the Minister explain the position with mandatory sentencing? Are we entitled to provide for it at all? Is there a constitutional question as to whether we can tell judges what they must do?
I wish the legislation well. There is so much in it there will probably be problems with it, although I cannot find them. The Bill is too big for me; there is too much in it. However, it had to be brought forward. It certainly meets the needs of right wingers, who are calling for more of this and that and less of the other. I support the legislation in the hope that it will work.
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G.R.A. and the Garda Reserve Force
10/05/06 - The matter is heading over the brink at this stage, which is generally recognised by people. Politicians and public representatives have handled themselves very well on the matter to date. They have made clear their concerns. The State has a long understanding of the relationship between the Garda force, the Legislature and public representation.
Both sides must recognise certain realities. The Garda reserve force is a legislative reality. It exists and it will have to remain. On the other hand, the Garda Representative Association’s valid concerns about its professionalism and the professionalism of the force are equally valid, which must also be recognised. As I have said previously, I am a consistent admirer of the Commissioner, who is an extraordinarily talented man. He is doing a very good job in extremely difficult circumstances. I know from listening to him on the radio this morning that what he said came from the heart. I also believe that the Minister has shown time and again, even when he has taken a hard public line, that he is prepared to do business if people wish to do business with him.
It needs to be resolved through a process of mediation. There are sensible people on all sides of this debate. The Garda Representative Association has valid concerns, the Legislature has made certain decisions, the Commissioner has a high level of responsibility and the Minister has a duty to implement the wishes of Parliament. While there are different points of view on the matter, they are not mutually exclusive. The parties can be brought together through common sense and a process of moving forward. Everybody will have to move slightly from their stated positions. I propose that the issue is moved into a mediation or arbitration process, with all parties prepared to look positively at the outcome.
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Criticism of the Garda Force
09/03/06 - Late last night — between 10 p.m. and 11 p.m. — a guy walked free from the courts because his period of detention had expired. Although gardaí went to court to seek an extension, the court ruled that the new detention order had not been signed on time. There have been reports on this overnight, and this morning I heard snide comments about gardaí on one radio station to the effect that this is another case of them getting it wrong. Gardaí were in the court four hours early. The problem was with the courts and the law. It is easy for reporters to make comments. The gardaí were there and the courts advised that there was nothing to rush about. However, there was something to rush about and when it went to the High Court later last night the interpretation was that the law was flawed.
This morning I have written a Bill amending the Offences against the State Act 1939, merely stating that the period of detention of an arrested person would be considered not to have expired until court hearings are concluded, with other appropriate language.
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Criticism of the Garda Force
08/03/06 - Over the past number of weeks, and right back to the inquiry into the Garda in Donegal, the (Garda) force has been to the forefront of many comments made here and in other places. We saw this again two weeks ago in O’Connell Street. The reality is that when push comes to shove gardaí are the people standing there on our behalf. I would be the first to criticise behaviour which I do not accept, and many of us criticised what happened in Donegal and in other places. It is right that we should do so and that we should always be watchful. However, it is becoming almost a cant that when something goes wrong we focus on the Garda in the most negative way.
Yesterday an individual died in custody and there was a proper and immediate outcry. In some of the commentary the presumption of innocence went out the window. Gardaí are as entitled to a presumption of innocence until proven guilty as anybody else. We should show our trust and confidence in them. If they get it wrong we should say so. We should wait until we find that to be the case.
Having said that, gardaí also need support in two ways. It is a convention that every death in custody should be investigated independently. Such an investigation does not instil trust and confidence if it is not carried out by an independent body. That is what we should seek to happen. That should be done in a way in which we show our trust and confidence in the Garda in doing an impossible job.
Arising from yesterday’s business, the question arose that this [Donna Cleary murder suspect] person should have been behind bars anyway. There is a simple administrative reason why that was not the case, namely, a lack of resources. Let us put it clearly on the agenda. In every Garda station in this city there is a sheaf of warrants for the arrest of people who have jumped bail, who should have been arrested and who cannot be found and the Garda is not being given the resources to do it. We must recognise that fact. Rather than simply pointing the finger at the Garda, let us give it the resources to do its work.
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Drugs and Gun Crime
07/03/06 - My point is on the eruption or great expansion in the use of cocaine in the better-off areas of Dublin and, consequently, in other parts of the country. Although we may not be able to circulate our message to all the people all the time, we certainly want to make it absolutely clear to the so-called sophisticates who are using cocaine at the weekend that they are paying for a racket and system that maintains the gun culture. We know for a fact and have evidence that some of the cocaine being sent to Ireland comes with a number of unasked for guns thrown in. It is normal that guns, as well as drugs, are given to gangs to be used in continuing their reign of terror. It is absolutely a fact. We may have lost some of the battles in this regard, but we should not tolerate the activities of those who think it is smart or sophisticated to use guns.
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Criminal Justice Bill
02/03/06 - Is cuimhin liom nuair a tháinig mé isteach sa Teach seo don chéad uair, bhí an-díospóireacht ar extradition. Bhí an-deacrachtaí ag Fianna Fáil faoi seo. Bhí argóintí ar an dá thaobh gan díriú isteach ar an dul chun cinn a ba cheart a dhéanamh. Chaith mé mó vóta i gcoinne an reachtaíochta, cé go bhfuil mé i bhfabhar extradition. Mhothaigh mé go láidir gur cheart prima facie case de shaghas éigin curtha thar bhráid cúirte. Bhí mé i gcónaí ar son extradition, bhí mé in éadan safe havens dóibh siúd a rinne whatever ar dhaoine.
Tá reachtaíocht na tíre seo bunaithe ar Westminster. Ag féachaint ar an chód dlíthiúil sa Fhrainc, tá an-difríochta ann. Labhair an Seanadóir Walsh faoi chiontacht. Bun-phrionsabal reachtaíochta na tíre seo go bhfuil duine neamhchiontach go dtí go bhfuil fianaise curtha os comhair na cúirte agus tá an chúirt sásta go bhfuil an duine ciontach. Ní tharlaíonn sin i dtíortha eile agus tá sin casta.
Tá mé i bhfabhar cad a dúirt an tAire ach ní thuigim conas mar a tharlóidh sé. Bhí mé ag féachaint ar an sliocht ag baint leis an right to silence and the demand to give evidence. Nuair a bhí muid ag plé leis an right to silence cúpla bliain ó shin, dúirt muid go bhfuil an chúirt in ann inference a thógáil dá mba rud é nach bhfuil duine sásta fianaise a thabhairt. Níor chuir muid deireadh leis an cheart ciúnais. Tá sin tábhachtach má tá muid sásta comhoibriú agus fianaise a chur ar fáil do stát eile faoi duine atá ina chónaí anseo.
Cuirim fáilte faoin méid a dúirt an tAire faoi fhianaise tríd an fhón agus teicneolaíochtaí teilifíse nó any kind of technology between two countries. Tá mé i bhfabhar na húdaráis i dtíortha eile bheith in ann sonraí bainc a chuardach sa tslí céanna agus is féidir sa tír seo. Tá sin tábhachtach ach tá deacracht ag baint leis. Tá an tAire ag iarraidh dul i ngleic le cearta atá ag tarraingt i gcoinne a chéile, an ceart ciúnais ar an taobh amháin agus freagracht fianaise a chur ar fáil ar an taobh eile. The Minister’s comhghleacaithe i Kings Inns could go on their pension with this legislation. An deacracht a bheidh ann ná go mbeidh daoine sna cúirteanna go ceann míonna ag iarraidh seo a chur i bhfeidhm.
I would like to hear the Minister’s comments on that issue. How can we tie it up? I am in favour of the legislation, although there might be issues which I would like changed or which I would like the Minister to reconsider. Any fair-minded democrat would have to be in favour of what we are trying to do.
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