Paul Lawless

Overall sentiment: -0.03
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This Bill is a mixed bag. There are some positive changes and some technical ones that will add efficiencies and so on, but we have some serious concerns about it. I commend Margaret Loftus from County Mayo on her bravery. Margaret suffered horrendous domestic violence. She stated to the media this week that the judicial process was as traumatising and damaging as the abuse itself. She is an incredibly brave woman who endured up to 58 court hearings over 13 to 14 years. She fought over so many years simply to have her case heard. The issues with the judicial system in this case are quite extraordinary. First, there was inaction and silence when the case was first reported. Margaret was a member of the Garda and so too was her partner. That is a major issue. I ask the Minister to follow up with the Garda Commissioner to ensure that such cases are taken seriously and that action follows. Her abuser subsequently went on to be promoted and was even given a firearm in the force. There were hugely excessive delays and relentless court hearings in relation to this case. The bravery of this woman should be recognised and noted. Indeed this case would be worth looking at by the Minister with his officials to ensure no woman should have to undergo such abuse and so many years of fighting for justice. I want to touch upon other aspects of the legislation. First, I welcome the prison officer safety aspect, which will allow prison officers to have incapacitant spray like pepper spray. What is happening in the prisons is horrendous, with overcrowding and so on. This will be a positive aspect. Anything that helps and protects front-line services and the men and women who go out to do their jobs should be commended. I am concerned by comments in this House that suggested that such a move would be to weaponise the prison officers. That is an extraordinary statement. Prison officers work under incredibly difficult circumstances. In regard to anything that can help them in their duties, we must remember that prison officers are not going to use pepper spray willy-nilly. This should and will be a last resort and I think we should be supporting our front-line gardaí and prison officers as much as possible. In relation to the sex-for-rent issue, I welcome the change. It is quite extraordinary that we live in a society where the housing crisis has reached a stage where women feel they have to resort to this. We are all familiar with the queues of people looking for rooms. I spoke to a landlord the other day. She said she listed a room in Dublin and had a thousand emails over a 24-hour period. When you see that level of demand, you see the real crisis and emergency situation in which so many people find themselves, particularly immigrants into this country. They are, in many ways, the most vulnerable and susceptible to having to go to such lengths. I welcome that aspect of this Bill. I welcome the extra protection for survivors in respect of counselling notes. There have been many positive suggestions in the Chamber in relation to going further to protect survivors and to ensure they have their privacy protected as much as possible. There is no doubt that we need to be mindful of the question of constitutionality as well. It is important that we try as best we can for the victims to get the balance right. One aspect of the Bill I am hugely concerned with is the community service aspect. The Bill outlines that it obliges the courts to consider community service orders for sentences up to 24 months. The current threshold is 12 months. It goes on to say that judges must give reasons if they decide to impose a community service order. In other words, it appears that the Government is directing judges with regard to preferring the option of community service orders. The types of crimes that will be considered here are drug dealing and possession with intent to supply, serious theft, burglaries and assault causing harm. I want to be very clear that drug dealing is not a minor offence. I am very fearful that this Bill would suggest that a person who is drug dealing in a community may be given time with the Tidy Towns, for example. That sends a very poor message. There are major issues with burglaries and thefts in rural Ireland. I know families who have been terrorised by burglaries. There have been sprees of burglaries in certain areas. I know of a woman who was living on her own in County Mayo but will no longer go back to that independent living, such is the devastating impact of the burglary of her property. The suggestion here is that these people may be given community service orders and I think this is a very worrying move. We must be tough on crime. We must ensure that when individuals perpetrate crimes that have such damaging and lasting consequences on their fellow citizens, they experience the full wrath of the law. Burglary and coming into someone's home has a devastating impact. If we are going to move in this direction, we are ultimately going to facilitate such aspects. Community service orders have a place but the conditions must be incredibly strict and I do not see that in this Bill. If it is a person's first offence and they have a good, clean record of working and contributing, perhaps we should consider such measures. We will be proposing amendments in relation to this. We want to make sure we do not use this option for repeat offenders. When this story broke, families across County Mayo were shocked. They could not believe it. The consequences may be significant for the Garda Síochána as well. Garda morale is already low and we need to protect and enhance it. If a garda spends a huge amount of time and resources prosecuting a criminal for a burglary at a house, and sees that a lady who was living on her own is terrorised and will not go back to that home, and then the judge turns around and sends him to the local Tidy Towns, that is a very worrying legislative provision. I want to see a provision that ensures this will not be an option for repeat offenders. Free legal aid also needs to be looked at for repeat offenders. First, free legal aid is not free. It costs the taxpayer. In 2024, it cost the taxpayer €113 million. For repeat offenders, free legal aid should be taken from their social welfare. It is only right and proper. It is quite incredible to think that an individual who shows blatant disregard for the laws of the land can find themselves in front of a judge ten, 20, 30, 100 or 200 times, and each and every time they can avail of free legal aid without any cost to that individual. That is wrong. We must be tough on crime. I welcome some aspects of this Bill but the aspect in regard to community service orders needs to be looked at. We will be tabling amendments and I hope the Minister will consider them on their merits. I hope we can have progress on this.

Sentiment score: -0.03