I welcome the opportunity to put before this House the reasons that a vote of confidence in this Government should be unequivocally carried by the Dil at this time. As Minister for Justice with the safety and security of our citizens as my chief concern, I am determined that this country should be guided into a new age where all may feel secure and where the law serves as a protection and a support for our people rather than a burden which diminishes their lives. To this end, since I became Minister for Justice in 1989, an unprecedented legislative programme has been put in place which will only be surpassed by the programme which I shall introduce in the next two years of Government.
To give examples, the Prohibition of Incitement to Hatred Act, 1989, makes it an offence to incite hatred against persons on account of their membership of certain minority or vulnerable groups. The Larceny Act, 1990, replaces the existing offence of receiving stolen property with a new offence of handling stolen property.
The Firearms and Offensive Weapons Act, 1990, has greatly strengthened the Garda in dealing with those who carry weapons such as stun guns, crossbows and knives on our streets or for use for some criminal purpose. It was my privilege, in the Criminal Justice Act, 1990, to finally remove the death penalty from our Statue Book while ensuring that what were previously capital offences would incur a penalty of life imprisonment with a minimum mandatory term of 40 years to be served.
[568] The Criminal Law (Rape) (Amendment) Act, 1990, provided for radical reform of the law on rape and indecent assault. It made marital rape a crime and extended the definition of rape to provide the maximum psychological as well as legal protection for victims. The Criminal Justice (Forensic Evidence) Act, 1990, provides the Garda with power to obtain bodily samples from persons suspected of serious crimes for the purpose of forensic testing. The Child Abduction and Enforcement of Custody Orders Act, 1991, is designed to deal with the problems that arise when a child is abducted across international frontiers in defiance of a court order or against the wishes of the other parent.
The Contractual Obligations (Applicable Law) Act, 1991, enabled Ireland to ratify the Rome Convention in the law applicable to international contacts which is complementary to the EC Judgments Convention. The Statute of Limitations (Amendment) Act, 1991, amends the law on the limitation of actions in personal injury cases and provides for new and better rules on when the limitation period for the commencement of legal proceedings begins to run in cases of latent personal injuries.
The Courts Act, 1991, increased the civil jurisdiction of the Circuit and District Courts and increased the number of High and Circuit Court judges and justices of the District Court. It also provides for the service of District Court summons by post. The Courts (No. 2) Act, 1991, amends the law relating to the execution of District Court warrants for arrest and imprisonment for non-payment of fines. The Criminal Damage Bill, 1990, which is at Committee Stage in this House, simplifies and modernises the whole law of malicious damage to property. It also makes it an offence to get access to a computer system without authority - what is usually called "hacking".
By any reckoning this is an impressive and substantial catalogue of legislative achievement over the past two years. However, there are a number of very [569] important legislative proposals being prepared which I am committed to seeing enacted into law over the next two years including a Bill to provide for the confiscation of the proceeds of crime to which I am giving urgent priority to provide for the seizure and confiscation of the proceeds of drug trafficking and other crimes and the prevention of "money-laundering". The Bill is currently being drafted and I hope to circulate it during the current session. The Interception of Postal Packets and Telecommunications Messages (Regulations) Bill will regulate on a statutory basis interception of communications for the purposes of criminal investigation and State security. The Solicitors (Amendment) Bill will be circulated to Deputies very shortly. It will take account of many of the recommendations made by the Fair Trade Commission in their report on the legal profession, including complaints machinery, multi-disciplinary and multi-national practices involving solicitors, fee advertising, easier interchange between the professions and consumer protection through indemnity insurance.
The Criminal Law Bill will modernise the underlying basis of our criminal law by abolishing the distinctions between offences known as felonies and misdemeanours and by abolishing penal servitude and hard labour. The Criminal Evidence Bill will be published in the next few weeks. It will make business and administrative documents, including computerised records, admissible in evidence. It will make it easier for children and persons with mental handicap to give evidence in cases of physical or sexual abuse. It will also set out clearly the circumstances in which the spouse of an accused person is competent and compellable to give evidence for the prosecution, the accused person or a co-accused.
The Courts and Courts Officers Bill provides for the establishment of a Court of Civil Appeal which will help to reduce the workload of the Supreme Court and thus reduce delays in that court. In the family law areas, The Family Home Bill is being prepared to give each spouse [570] equal rights of ownership in the family home and contents.
The Criminal Law (Insanity) Bill is under preparation to amend the law on criminal insanity. Certain issues are being examined in the context of the legislation. These include fitness to plead, verdicts of "guilty but insane" the right of appeal and the introduction of a concept of "diminished responsibility."
The Law Reform Commission's report on receiving stolen property which led to the drafting of the Larceny Act, 1990, was the first stage in the commission's overall examination of the law in relation to dishonesty generally. The commission are currently putting the finishing touches to the proposals for reform of the law on that subject and the report is expected soon. The commission's examination includes consideration of offences of larceny, false pretences, fraudulent conversion as well as false accounting, other fraud offences, offences relating to computers, conspiracy to defraud, forgery, counterfeiting and related matters. The thrust of these proposals is to tackle the problem of so-called white collar crime and computer fraud.
It is the Government's intention to make whatever changes are necessary in the criminal law in this area to modernise it and make it as effective as possible.
There are a number of further legislative proposals being prepared in my Department at present. Work is under way on the preparation of a Juvenile Justice Bill to replace the Children's Act, 1908.
There are also proposals to achieve savings in costs and in Garda time through changes in procedure in criminal cases, to change the law on homosexual offences, to comply with the judgment of the Court of Human Rights, to place the civil legal aid scheme on a statutory basis, to make changes in the statutory criminal legal aid scheme, and to convert the Land Registry and the Registry of Deeds into a semi-State body.
In relation to family law, an interdepartmental review of developments in the area of marital breakdown is nearing completion. The outcome of that review [571] will be reflected in a White Paper which will be published shortly by the Government. The issues which arise in endeavouring to determine the most appropriate response to marital breakdown are clearly wide-ranging and complex; inevitably they are matters which can give rise to strongly held and often opposing views. Nevertheless, I am confident that the proposed White Paper will make a very significant contribution in the effort to ensure that effective policies exist to assist in the preservation of stable marriages and that appropriate responses are available where marriages break down.
It must be agreed that this is a substantial programme of legislative reform. However, the area of law enforcement is not one which has been neglected by the current Government.
This Government have always listed the fight against crime among our top priorities. We realise that crime is an issue which gives rise to public concern and the record of the Government in providing resources to the Garda to enable them to meet the challenge of the criminal head-on is second to none.
Over the past few years I have secured the Government's agreement to a number of packages of measures which greatly increased the Garda Sochna's capacity to fight crime. I will remind Deputies of some of these measures: by December 1,000 Garda trainees will have been recruited to the force since 1989; a new competition to recruit a further 1,000 Garda trainees over the next few years is now under way; 350 experienced garda and sergeants have been retained in the force for an additional year by reason of the Government's decision to raise the retirement age of these ranks; civilian recruitment to the Garda has been introduced on a scale unknown since the establishment of the force seventy years ago. Two hundred and fifty civilian clerical staff are being recruited for the purpose of releasing desk-bound garda for outdoor duties; the management of the Force has been greatly strengthened by over 660 promotions in its ranks in the [572] past two years; this year alone, 10 million is being provided to purchase the most modern and effective equipment available for the Garda; and by December, 40 million will have been spent on the current Garda building programme to upgrade the accommodation in Garda stations throughout the State, and since the commencement of the programme, some 55 large stations, mainly of divisional and district headquarters size, will have been completed and occupied by the Garda.
With regard to policing systems, I have over the past few years approved a number of important initiatives. These include: the total reform of the juvenile liaison service and the establishment of a national office to oversee its countrywide operation; the implementation of a number of community-based initiatives, in areas which have seen repeated occurrences of crime, designed to win over the support of the community in stamping out petty crime and vandalism; the establishment of a Garda schools programme where community garda visit schools on a regular basis; and the introduction of the new community policing initiative in rural areas.
The introduction of the new community policing scheme represents a watershed in the organisation and delivery of police services in this country. For the first time in the history of the State, the Garda authorities have been given the go-ahead to move away from a policing system rooted in the 1800's to one which addresses the more complex policing needs of modern society and the infinitely more demanding crime problems which now confront us.
The aims of the community policing scheme are to provide a more efficient Garda service, to ensure greater availability of garda to the public and to give the community a more personalised and caring service.
Critics of the new scheme have labelled it a cost-saving exercise which is intended to reduce Garda manpower and resources in rural areas. Others have accused both myself and the Garda authorities of introducing the new scheme as [573] a front for the closure and downgrading of rural Garda stations. Nothing could have been further from the truth. Already the people residing in those districts where the first phase of the scheme has been introduced are seeing additional resources. Communities are experiencing the influx of new Garda cars, witnessing the arrival of additional Garda personnel and seeing more of the garda who are being released from outdated record-keeping in favour of active outdoor duty.
The Garda authorities inform me that the introduction of the scheme has gone very smoothly. The scheme will be formally reviewed three times in the coming six months by Garda management to resolve any teething problems which arise during implementation.
As I indicated in my outline of our future legislative programme, the Government are determined that all appropriate measures will be taken to combat serious financial fraud.

Our approach to the challenge posed by large scale fraud has and will continue to be directed towards enhancing the capacity of the criminal justice system as a whole to deal with the problem. That will involve improving our capacity to detect and investigate those offences. Likewise, it will involve measures to improve our capacity to successfully prosecute those offences which come to light. Much work has already been done to this end. I have already initiated the first comprehensive review in recent years of the operation of the Garda Fraud Squad. This was undertaken by Garda management who have now completed a detailed report on the matter.
That report is now with me and the House may be assured that its recommendations will be given effect. The recommendations which the report contains extend over a wide area and will involve a significant strengthening of the fraud squad itself through restructuring, the allocation of additional resources and [574] improvements in training. Moreover, the report contains recommendations - which I particularly welcome - to strengthen the links between the fraud squad and other professional bodies and agencies, such as the professional accountancy bodies, which have the ability to make significant contributions to the success of Garda investigations.
The Government, as I have already indicated, are determined to ensure that our criminal justice system has the capacity to deal with fraud in all its guises. It will be clear from what I have just outlined that the groundwork, which will ensure that our approach will be comprehensive, has already been done.
This Government are not concerned with reform which only amounts to a mere tinkering with the existing approach, but are preparing fundamental changes which will significantly alter the balance against those who are guilty of perpetrating fraud in our society.
As part of that approach, a variety of options are and will be considered. One such initiative which has already been mentioned by the Taoiseach is the establishment of a serious fraud office which would be responsible for both the investigation and prosecution of serious fraud offences along the lines of the serious fraud office in the UK. I understand that the establishment of this office represented a major and quite successful approach towards tackling this very complex area of crime and it is entirely appropriate that we should give very serious thought here also to the establishment of something on these lines.
Many references have been made, a Cheann Comhairle, to the irregularities which have received prominence of late in our media. It would, of course, be entirely inappropriate for me to make any comment on these matters on which certain investigations and inquiries are presently under way. Indeed, I want to emphasise that my references to fraud generally and the capacity of the criminal justice system should not be taken as carrying any implication that the occurrence of fraudulent practice has been established in any of these cases. That is [575] simply not so, and I want to make it absolutely clear that I do not suggest otherwise.
My comments are of a general nature and my message simply is that the Government are prepared to tackle the problem of fraud head-on. The reaction by the Government in seeking the truth behind any recent allegation made has been swift, determined and fair; always with concern for the national interest being the primary and basic consideration behind any action taken.
The Government have dealt resolutely and determinedly with all these controversies and will not be deflected from their course, which is to get to the bottom of each of them. It is this determination and the action which has arisen from it which should give the Irish public the assurance they expect and demand. All questions will be answered, all doubts about the propriety of dealings will be dealt with and all allegations will be investigated. This Government are determined that this will be so and all may take comfort and confidence from this commitment.
Of course, that is not to say that all allegations will be borne out. This brings me to a question which I feel must be posed. Do any of the parties sitting opposite me actually propose that they could offer a Government in which this House can express any sense of confidence?
I have little doubt that my other colleagues will speak at great length about the role of Fine Gael and the Labour Party in the events of the past few weeks. I, however, would like to consider the role of The Workers' Party. Last Sunday we heard the leader of that party speak to us on RTE radio station about the ethical standards in Irish politics and business.
Surely there is no greater ethic than that which protects and guards the sanctity of human life, yet he was strangely silent when a recently produced British [576] television programme, the BBC's "Spotlight" programme, was broadcast.
Among the questions raised in the "Spotlight" programme on BBC which were never answered by The Workers' Party were: the position of the Official IRA; its continued existence and its role as the protector, enforcer and provider of and for, The Workers' Party; the position of the sophisticated weaponry which has never been given up and which is alleged to be hidden in cachs throughout the country; the bombing of Aldershot and the reaction to it of leading members of The Workers' Party; the role of the Official IRA in the shooting of John Taylor, MP, and the murder of Ranger Best, an off-duty soldier in Derry; the role of a Workers' Party activist in persuading a woman to conceal arms in her home; the position of a man convicted of possessing weapons with intent to endanger life who was a signatory to the nomination papers of a prominent Workers' Party candidate in the 1986 Lagan Valley by-election; the role of the Official IRA in providing funding for The Workers' Party from activities which include robbery, illegal operation of a tax exemption scam, building site racketeering and other forms of organised crime; the participation in racketeering and robbery of Workers' Party activists who have signed Northern Ireland election papers for The Workers' Party candidates and involved themselves in The Workers' Party meetings and ceremonies; whether millions of pounds have been realised for the benefit of The Workers' Party from those activists; the position of The Workers' Party when in 1985 printing plates for their documentation were found in a Dublin warehouse along with 1.5 million worth of counterfeit 5 notes; and the relationship of The Workers' Party to a Belfast man who was arrested in London for the possession of counterfeit $100 bills.
These are among the many serious questions posed by the BBC-made [579] "Spotlight" programme that have never been answered by The Workers' Party.

On the same "Spotlight" programme, recalling his days as Minister for Justice, Deputy Jim Mitchell said, "I was never in any doubt that the political party called Official Sinn Fin, later Sinn Fin, the Workers Party, later the Workers' Party, was merely the political expression of the Official IRA.". The continued existence of the Official IRA was attested to by Dr. Brian Mawhinney, Northern Ireland's Minister, when on 11 December last in the House of Commons in reply to a question by John Taylor, [580] he said, "I believe the Official IRA still exists".
The Workers' Party Leader is very concerned about contacts at the highest level of politics and has suggested there is something behind the old truism which declares that by their friends you shall know them.
Well, who are the contacts; who are the natural allies of The Workers' Party? It is true that some are no longer in a position to reciprocate their comradery, but, by their own admission, they have included the Governments of North Korea, East Germany and the Ceausescu regime of Communist Romania.
Of course, in relation to North Korea, in particular, that country appeared to feature prominently in the travel arrangements of the top brass of The Workers' Party, Messrs Mac Giolla, Garland and others. And Ireland, in turn, at various Ard Fheiseanna of The Workers' Party, has been honoured by the visits of various foreign delegations who, no doubt, made contributions of great intelligence.

The Workers' Party have never explained the exact nature of their contacts with the North Koreans and others. What agencies in these countries concerned were they in contact with?

They never explained what the purpose of this contact was or whether any funding or other material assistance was derived from these contacts. More fundamentally, The Workers' Party have never indicated in what way the national interest was, is, or could have been served by these contacts.
We have heard Deputy De Rossa call for a full, frank and open debate on the scandals which came to light since August and that came from the leader of a party who in less than two decades have changed their name four times. It was Sinn Fin; then it was Official Sinn Fin; [581] then Sinn Fein the Workers Party and today we have The Workers' Party. They have out Windscaled Sellafield.
What purpose do The Workers' Party hope to achieve with their role in the current spate of so-called revelations? Perhaps they are conscious that the dogma of socialism, for which they are champions, has been rejected by virtually every nation that has practised it, willingly or unwillingly, over the last 70 years. Surely they recognise that they will be unable now to sell this failed ideology to the Irish people.
They obviously understand that the only means they have of participating in government is by undermining the faith and hopes of the Irish people, bringing into question the integrity of every Irish institution and cynically using the Irish media to sell themselves as a high-minded alternative.
Is that an alternative to a Government who over the past two years have proved themselves to be imaginative, efficient, effective and dedicated to the beneficial development of all the people of all of Ireland? I have no hesitation in urging this House to declare its confidence in this Government.


