Call for electronic tagging of reoffending burglars

THE ELECTRONIC tagging of reoffending burglars on bail was demanded by Fianna Fáil backbencher Frank Fahey. He also said the introduction of mandatory sentencing for burglary should be considered.

Mr Fahey, who represents Galway West, said he had raised with Minister for Justice Dermot Ahern the circumstances of serial burglars who had previously been in prison and were breaking into houses while on bail.

“It is time for electronic tagging of those serial criminals while they are on bail awaiting a further trial,” Mr Fahey added.

It was clear, he said, that many burglaries were committed by the same people again and again. “The experience in Galway is that the same people and gangs continually cause trouble in terms of burglaries etc,” Mr Fahey added.

He was speaking during the resumed debate on the Criminal Law (Defence and the Dwelling) Bill which permits the use of reasonable force when householders defend themselves against burglars.

The legislation, said Mr Fahey, sent a strong message to intruders by imposing substantial sentences. For example, burglaries in people’s private homes carried a maximum sentence of 14 years and aggravated burglaries life imprisonment.

“It is essential that there should be strong deterrents, especially for burglary and aggravated burglary of people’s homes and private dwelling houses,” said Mr Fahey.

“I would go so far as to say if it is necessary to have mandatory sentencing in that situation, then that should be the case.” Welcoming the Bill, Fine Gael’s Jimmy Deenihan said it had been sought for some time by his party. It addressed concerns relating “to the perceived injustice of occupiers being sued by burglars and the extent of force an occupier can use to defend their property”.

The most celebrated case was that of Tony Martin in England. He shot dead a 16-year-old burglar and wounded his accomplice, who subsequently attempted to sue for the injuries sustained. He was convicted of manslaughter, though the bid to sue him was rejected in court, said Mr Deenihan.

The issue came to public prominence in Ireland in 2006, he said, when Pádraig Nally was convicted of the manslaughter of a man he suspected was attempting to rob his farm. The conviction was subsequently quashed.

Martin Ferris (Sinn Féin) said the Bill did not alter the law in any substantial way, and the Minister was simply putting the common law as it stood on a statutory footing.

“It is typical of the Minister that at a time when the Central Statistics Office figures for the second quarter of 2010 reveal a sharp increase in robberies, hijacking and extortion offences he is content to introduce legislation which fails to actually do anything,” he added.

Trevor Sargent (Green Party) said he welcomed the fact that the Bill provided a definition of the dwelling and when justifiable force might be used against a person entering for criminal purposes

Brian O’Shea (Labour) said the most important question was whether the legislation would prove to be a deterrent to burglars. “How many elderly or vulnerable people, who live in isolated areas, for example, women living alone, would be able to defend themselves in the event of being attacked in their homes?” he asked.

Dan Neville (Fine Gael) said it was sad to see an elderly person living alone who had been robbed.

“Such people are terrified and injured, go to hospital and, despite being physically able, cannot return home out of fear.”