Background Response by Working Class Action to National Crime Council consultation report.
December 2002
Tackling the Underlying Causes of Crime A Partnership Approach
A submission in response to the recently published consultation paper
Commentary on Sections in the paper:
Section Two: Government Initiatives that Impact on Crime
We support the provisional recommendations made.
We would be particularly supportive of recommendations four and five recognising the importance of the Children Act 2001
Section Three: Crime Prevention in Ireland
We support the provisional recommendations made.
In relation to subsection 3.6 Estate Management the Role of Local Authorities some observations are necessary.
While the estate management process is welcomed some aspects have been unsuccessful. In regards to the vetting of prospective tenants there have been cases of relevant information being withheld from residents groups. In some cases anti-social tenants who were found to be unacceptable to residents groups in an area were placed in other communities, undoubtedly by concealing this fact. We would call for the increased and consistent use of the Housing Miscellaneous Act. This provides for the eviction of anti-social tenants and is strongly supported by most residents and community groups.
Section Four: Underlying Causes of Crime
We support the provisional recommendations made.
In relation to the key questions asked –
1. There is unquestionably a need for more Irish based research as suggested.
2. The "quick fix" response to crime is not the ideal. However the appalling situation in many communities must be recognised and measures to immediately improve upon these are necessary. These must take place alongside a process to prevent re-occurrence or the emergence of similar damaging activities. There is a tendency for a strong response only when a situation becomes unbearable. The situation is then forgotten until it becomes unbearable again. Prevention is always better than cure.
Section Five: Local Crime Prevention – The Partnership Approach
We support the provisional recommendations made.
We are in agreement with the comments made at the community hearings as noted in subsection 5.3 (f) (g).
In relation to the key questions asked –
1. We agree with the need to develop crime prevention partnerships.
2. We believe that legislative underpinning will help to ensure the success of crime prevention partnerships. In some cases the more loose approach has worked with some success but this has depended on the commitment of individuals within the police and other agencies. The good work has often been undone due to others who lack this commitment. It is unacceptable for communities to be subjected to the whims of individuals and to be dependent on good will in relation to such a serious matter as crime. The legislative underpinning should include a mechanism to ensure that those involved are actively committed to the success of the partnership and are not just filling a seat because they have to. The partnership must be evaluated to ensure its efficiency. By efficiency we would mean its relevancy and benefit to the community.
3. The need for a specific structure to deal with crime prevention is dependant on a number of factors. These would include the level of crime in a specific area, the existing partnership structures in the area and the communities desire for such a structure. In some cases the issue of crime is already addressed as part of existing community structures or certainly could be. However it must be recognised that some such structures may shy away from the issue (often due to intimidation or fear). The exact structure for addressing crime prevention should be based on the community’s need and not be forced either by agencies or professional "community" workers. A major failing of the existing partnership structures is the dominance of such professionals who do not accurately reflect a community’s opinion, but are accepted as the "community voice" within the structure. Funding and resources are always an important issue and this has been recognized within the paper. Unfortunately many of the community professionals so prioritise the pursuit of these funds that the real work which should be central becomes almost incidental. There is also an unfortunate tendency to drop an issue in favour of pursuing a topic with more financial potential.
4. The operation of any partnership structure must take account of the needs of voluntary community representatives. The timing of meetings, etc. should accommodate their working hours. In many cases this means having to have evening meetings. (To be fair the Gardaí and Dublin City Council are generally reasonable in this regard).
Section Six: Community/Neighbourhood Influence on Crime
We support the provisional recommendations made.
Section Seven: The Criminal Justice System
We support the provisional recommendations made.
However in relation to recommendation 3 see our commentary for further comment on the effectiveness of an existing community policing forum.
In relation to the key questions asked –
2. A community policing approach is essentially one which ensures that the issues effecting the community are addressed. Public servants such as the Gardaí must serve the community and ultimately be answerable and accountable. In working class communities this is relevant as many people can see that their safety and peace of mind is not currently a central concern of the police. It is common to hear comments such as "this wouldn’t be allowed to go on in Foxrock".
3. Ideally the focus of the criminal justice system should be rehabilitation. However at all times the central concern must be the protection of the community at large and it is against this criteria that every approach must be judged. It must be recognised that the community effected by any individual’s activities should be an active partner in any solution to this.
A major concern to communities is the reality that offenders are often left free to re-offend with court dates months and even years removed from the actual crimes. A "string of offences" is often seen as a badge of honour among anti-social elements and further encourages their activity. It is important to stress that we would be opposed to any restrictions of the current bail laws, but believe that an overhaul of the judicial process is necessary to address this. Cases must be brought to court quickly and efficiently. While favouring a rehabilitative approach, this is not always possible. We fully support the ten year mandatory sentencing for large scale drug possession. A strong, consistent response to persistent anti-social behaviour is essential.
Section Eight: Youth Services and Youth Needs
We support the provisional recommendations made.
Section Nine: Family Support in Ireland
We support the provisional recommendations made.
We are in agreement with this section but must comment in relation to parental responsibility. It is true to say in many cases the parents and families of offenders would benefit from skills training. However the experience in many communities does point to the fact that there are parents who are capable, but unwilling, to take responsibility for their children. When these children become a problem within a community procedures must be put in place to make the parents answerable. They have a duty and responsibility not only to their children but to the community at large.
Section Ten: Education and Early Intervention
We support the provisional recommendations made.
The importance of education and early intervention cannot be over emphasized. As noted in subsection 10.8 the Department of Education has always been a problem when it comes to the partnership approach. We would be hopeful that the establishment of regional offices will improve upon this record.
Introduction
In our submission we aim to highlight some of the current inadequacies in the criminal justice system and to promote some measured responses to the issue of crime and policing as it affects our working class communities.
We do this, not with rose tinted spectacles regarding the role of working class people, but with the realisation that many of those in positions of influence and power are both geographically and financially poles apart from the communities that they should serve.
We accept that everybody has a responsibility to themselves, their family and ultimately to their community. But we realise that, for a variety of reasons such as poverty, educational disadvantage and even low cultural expectations, many people are drawn to crime and therefore inflict major hardship upon their fellow residents, the vast majority of whom are law abiding citizens, and as such should be provided with all the resources the state can provide to prevent such hardship.
Local Policing
As is clearly stated in your consultation document, the most damaging crimes at a local level are drug related offences, burglary, assault and larceny. It is our contention that the Gardai and judiciary are still behaving in a reactionary mode to these crimes and should, in our opinion, be trained to implement a more preventative role.
We, unlike many others, do not call for an increase in the number of Gardai. Rather, we advocate the better use of the numbers we have. We strongly recommend that a far greater proportion of Garda resources are devoted to preventing these crimes because of the demoralising affect they have on an already marginalised community.
We see the presence of Gardai on the beat as a very important preventative measure towards deterring local crime, as well as a reassuring sight to many sections of our community such as the elderly.
Garda Administration
We also recognise that the current structures within the Gardai have played a negative role in their ability to perform their duties adequately. As many ordinary Gardai will testify, the ability and dedication of any given Inspector will dramatically dictate the efficiency of those around them.
A clear example of the waste of Garda manpower is the use of Gardai in traffic management. The sight of several hundred Gardai waving traffic through intersections and others issuing tickets - roles that could be easily performed by trained traffic wardens - does nothing to help those in our community who are victims of crime and who have to await a response from the Gardai who are " busy ... we will be along as soon as possible."
Equally important as the initial response to a crime is the need for a mandatory follow up system whereby victims can receive an update on the progress of the investigation. This issue was one of the recommendations of the victims of crime report (1996) by the ESRI.
Socio-Economic Community Factors
Any attempt to address crime prevention in Ireland must look at the socio-economic factors that facilitate the introduction of the individual into criminal activity. For this to happen there must be an acceptance that many communities were abandoned by the political system, and that what happened as a result was not just the fault of the communities themselves.
The allocation of resources to marginalised communities cannot just be a stop-gap measure. Long-term measures are needed or we will continue to revisit this issue for years to come. While the allocation of resources is essential, we accept that we cannot continue to spend money on programmes that have failed to yield positive results. We cannot continue to create mini industries around all our social problems.
Preventative Role of Education
Resources are a priority, but so are the proper programs to achieve change. As well as the Department of Justice, other government departments must become willing partners in our quest for change.
The Department of Education for instance, have yet to fully adapt to the issues of crime prevention through the local school system. Early school leaving is at the centre of youth crime and substance abuse. Drug prevention and Intervention programs are run on an ad hoc basis with different schools giving greater emphasis than others, due to staffing levels /qualifications /time schedules, etc.
The Department of Education must realise that after parents and family, teachers play a pivotal role in child development. While we are not recommending that teachers be used to cover for responsible parenting, we recognise the role that greater investment in pre-schools, school meals, after-school projects, etc., can have on a child's mental and physical development, which in turn will play a role in their future life. Lip service to these issues will only see another generation of children at risk of falling into the criminal justice system.
Policing and Partnership
We must also address the abandonment of working class areas by the police, the creation of no-go areas. Ineffective measures to create links with the community by the Gardai must be addressed. The Neighbourhood Watch schemes are viewed as a talking shop by local people and as such are generally ignored by the majority.
The new Police Forums are at an early stage, but sufficient criticism of the North Inner City forum to date would lead us to urge an external independent review. Your comment on Page 50 that "70% of those surveyed believed Garda services had improved" uses the magic words "of those surveyed". As an organisation with members living and participating in the North Inner city, we are aware of the lack of genuine progress in this forum. Random meetings held months apart, no follow up answers, different Gardai attending, etc., are some of the problems arising.
Other partnership approaches to crime prevention cannot currently succeed because of a lack of genuine community participation. For example, the Finglas/Cabra Area Partnership and the Finglas/Cabra Drugs Task Force, between them, have only one actual community person on their boards. Therefore, these organisations cannot be said to represent the views of the local community. This situation is replicated throughout the city.
We would recommend the establishment of a genuine Community Police Forum, with set structures such as monthly meetings, set attendance by a nominated Inspector or higher rank, an agreed feedback system and most importantly, genuine acceptance by the Garda authorities of the vital role of these forums, and of the communities’ role within them, not just a grudging acceptance of their existence.
Community Role in Crime Prevention
The role and influence of a community in preventing crime cannot be overstated. The dedication and unselfish action of thousands of parents in organising rallies and meetings to oppose the misery caused by drug dealing is a testimony to what can happen when a community rallies together. At a time when every sporting and recreational group in the country is struggling to retain voluntary helpers, the positive message many young people received from the sight of their parents taking to the streets to protect them will probably never be realized.
State policy regarding Paedophiles / Sex Offenders
Another issue where the community must be treated as an equal partner is in the providing of information about the presence of convicted paedophiles or serial rapists within our communities. The effect of a sex crime on a person is immense, it is one of the most horrendous crimes and all the more evil when perpetrated upon the young. In order to protect innocent people from recidivist crimes, communities must be informed about these people living within their community.
Acceptance of Crime
We wish to state that acceptability of criminal activity is in no way limited to working class areas and if one needs examples of this, we need look no further than the Dublin Castle tribunals, or the recent failure of Gardai to identify their own members during the May Day disturbances when requested.
In fact, there is also a wide spread perception that many people of a certain stature and class are not held accountable for their actions. This perception has led many people to turn a blind eye to "minor" crimes believing that nobody cares anymore. Recent tribunals and Garda inquiries have yielded little results and have done nothing to allay that perception. We therefore reiterate the call for an independent Garda Complaints Board.
We also call for an independent review board to oversee both past and present use of informers by the Garda authorities. The ability of criminals to prosper while acting as informers is unacceptable to our communities.
Implementing the Law
While the above issues are of a political nature, it is the failure of the judiciary to implement the law that is currently of major concern to ordinary citizens. The judiciary like others, must be accountable for their actions.
The failure to use the mandatory 10-year sentence for possession of drugs worth over 12,700 euros is in itself criminal. Every day, drug dealers are receiving derisory sentences for possession of massive amounts of drugs. Let us be quite clear, the message being sent out to potential dealers is that the gamble is worth it. A low-level dealer can clear over 100,000 euros in one go, the only risk being that a judge - ill informed and living neither geographically nor financially in the same sphere as the dealers victims - will impose a sentence of two or three years, (out in one year for good behaviour). The 10-year sentence must be introduced across the board so the message is clear. Do the crime - do the time.
Alcohol and Crime
Other sections of society must play a role in crime prevention. One of the most prevalent issues is alcohol abuse and the anti-social and violent crime associated with this. While political action may be required to prevent advertisement /promotion, other factors must be implemented to bring about change. Parental responsibility is at the forefront of prevention but other groups must also play a role.
The Drinks Industry has a huge responsibility for the upsurge in excessive drinking by young people. The appearance of ‘alcopops’ would indicate that the industry sees young people as a very profitable market, rather than an impressionable section of society. This industry must be forced to become more socially aware if we are to seriously tackle the problem of excessive drinking and underage drinking.
The licenced liquor trade must also accept some responsibility in the abuse of alcohol by underage youth. Publicans and off licence premises must be legally held responsible for underage purchases on their premises and face extremely heavy financial penalties for allowing such practices to continue. The owners of licenced premises must be held responsible for the proof of age of any potential customer. If they have any doubt, they can escort them out.
Drug Abuse and Crime
The problem of drug abuse is one of the major challenges facing society today. Irish society has changed rapidly in the past decades and while overall living standards have increased, the gap between "haves" and "have-nots" has continued to grow. As society changes ever more rapidly, there appear to be increased stresses, pressures and indeed vacuums in peoples’ lives.
It is within this context that the misuse and abuse of drugs has seen an astonishing growth. The fact that the Garda Research Unit estimate that 66% of all crime committed in Dublin, and over 80% of burglaries and larcenies from people and cars, is drug related should make the targeting of the causes of such crime a priority. Unfortunately, this is not the case. Allocation of resources, including manpower, to tackle this problem is seriously lacking.
While drugs such as hash and ecstasy have managed to cross the social divide, opiate abuse has been particularly associated with chronic deprivation and has devastated many working class communities.
Our policy is centred on the young people of these communities. We wish to see them growing up in safe environments, developing their skills and talents and reaching their full potential as human beings. We wish to see them afforded the same supports and opportunities in life that are taken for granted elsewhere. In time, we wish to see them contributing to their communities and society in general. This cannot happen in a community ravaged by deprivation and opiate abuse.
Any approach to the drugs problem that attempts to separate supply from demand and views tackling the supply of drugs as having a limited affect will prove to be self-defeating. With any product, demand can be supply led and this is a fact with addictive drugs. Sellers are never content with current demand and are constantly seeking new markets. Certain areas of this city were allowed to develop into drug markets with the authorities claiming that breaking up these markets only serves to move the problem elsewhere. This has been a major disservice to working class communities. Considerable international research has demonstrated that while, indeed, having little effect on existing demand, dispersing drug dealers can have several beneficial effects such as deterring novice users, enhancing local confidence in their community as well as arresting the inevitable social/economic decline of an area associated with drug dealing.
Conclusion
We once again re-iterate the campaign aims of the community based anti-drugs movement.
Isolate the pushers
Treat our addicts
Educate our children and our communities.
We feel that the implementation of these three achievable aims will go a long way in creating a positive future for our youth and in turn, will lead to a decrease in crime.