Clampdown on burglars is welcome

HOUSEHOLDERS have reason to be hopeful following the Minister for Justice’s vow to get tough on repeat offenders when it comes to burglaries.

In publishing the General Scheme of the Criminal Justice (Burglary of Dwellings) Bill last week, Minister Frances Fitzgerald promised tougher sentencing and bail restrictions for serial home intruders.

“I am determined that those who invade and disrupt the lives of citizens in this way are dealt with robustly,

? the minister declared.

The draft Bill, which has received Government approval, will be sent for pre-legislative scrutiny to the Joint Oireachtas Committee on Justice and the minister hopes to introduce it into the Dáil during the current term.

Minister Fitzgerald is carrying out a broad review of the criminal justice system’s response to the problem of burglaries, which have plagued every community in Ireland. This includes a focus on inter-agency measures in relation to the management of prolific offenders; visible policing; crime prevention support for communities; and an examination of legislative issues.

What many of us probably didn’t realise is that this legislation underscores the importance of the home which is recognised by Article 40.5 of the Constitution. It states:

‘

‘The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

?

Noting that the burglary of a person’s home is very traumatic for the victim, the minister described it as a serious crime that always has the danger to escalate into an offence against the person.

“It is the combination of the serious nature of the offence and the fact that burglars tend to be repeat offenders that warrants specific measures aimed at prolific burglars,

? the minister added.

One key aspect of the new Bill relates to repeat offenders who continue to receive bail, despite being arrested and charged for further burglaries multiple times while out on bail. The Bill will provide that, for the purposes of bail applications, a previous conviction for domestic burglary, coupled with two or more pending charges, shall be evidence of a likelihood to commit further break-ins.

This provision, while leaving the courts all necessary discretion to vindicate the constitutional rights of an accused person, would allow a judge (in the absence of evidence to the contrary) to conclude that the person before the court is likely to commit a serious offence and he could, therefore, refuse bail on those grounds.

Significantly, the Bill will also place a requirement on a judge who decides to jail a criminal for multiple burglary offences to make such sentences consecutive.

This would end the nonsense of concurrent prison terms for repeat offenders and send out a warning shot to the low-life thugs intent on breaking into our homes.

While there is much to admire about Minister Fitzgerald’s proposed Bill, it will only be as effective as the Garda resources put in place to detect burglary offences and secure convictions.

It is heartening, however, to see the concerns of law-abiding householders at last taking precedence over the rights of career criminals.

Minister Fitzgerald deserves credit for this initiative and her Bill is most worthy of cross party support.