I welcome the Minister, Deputy O'Callaghan, back to the Chamber. I call on Senator P.J. Murphy to move and I understand he is sharing time with Senator Duffy - nine minutes and seven minutes. Is that agreed? Agreed.

I move: "That the Bill be now read a Second Time."

Gabhaim buíochas leis an Leas-Chathaoirleach and I thank the Minister for coming in for this. I am very grateful for the opportunity to address the House on the principles of this Bill, which I introduced in this House last month. Its purpose is to amend the Criminal Justice Act to make specific provision for sentencing for certain offences related to the theft of tools and supplies used in the course of one's business. This Bill would introduce a mandatory minimum sentence of 36 months imprisonment for the theft of tools, equipment and materials essential to a person's trade, with no more than 18 months of that sentence permitted to be suspended. This is a targeted and proportionate response to a problem that has grown into a systemic issue that undermines the ability of tradespeople to earn a living.

Let us look for a second at the scale and impact of tool theft. The tradesmen and women of Ireland are the backbone of our construction industry. Over the past decade, we have seen a marked increase in tool theft right across the country. This Bill seeks to restore a fair balance between the devastating consequences suffered by the victims of these crimes and the penalties handed down to those who commit them. When a tradesperson's tools are robbed, people are not simply taking something of monetary value; they are depriving a person of the ability to go out and earn a living the very next morning. You are preventing them from fulfilling the commitments they have made to their clients and customers. In a construction sector that is currently booming, where we need skilled tradespeople in every corner of this country, the loss of their tools stops them from doing the work that keeps Ireland moving and building homes and infrastructure that we so urgently need.

I have worked in the construction sector as a joiner for the past 20 years. I, too, have been a victim of tool theft. I know that feeling when you walk out to your van and realise that everything you need to finish your job that day and do your job for the rest of the week is gone. I know many other tradespeople from right around this country who have contacted me over the past number of weeks who have had very similar or the same types of experiences. This is not an abstract issue. It is happening to real people every week in every county.

There is a systemic pattern of targeted theft involved. What we are dealing with here is not a series of isolated incidents. It is often a systemic pattern of targeted theft and tradespeople are uniquely vulnerable to it. These crimes happen in the two places where people should really feel the safest: the place where they work and at their homes. More and more, these thefts are taking place in broad daylight, in the middle of the working day, while tradespeople are on-site earning their living. Their vans parked outside the site are often, maybe, only a few metres away from the site yet the theft goes completely unnoticed until it is too late. Again, whenever they return home after a long day's work, they face the same risk. Many of these robberies occur outside the homes of tradespeople, while they sleep, with thieves operating quickly, quietly and with a level of organisation that just shows how targeted these attacks have become.

In a series of recent thefts in Galway, gardaí believe that thieves are deliberately targeting vans near local accommodation where tradespeople are staying while working on projects. This shows a level of planning and co-ordination that goes far beyond opportunistic crime and highlights just how organised and deliberate these thefts have become. Tradespeople have very little protection against it. The Garda has issued practical advice like do not leave tools in a van overnight or, if people have to, park the van with the back door up against the wall or a building, or something like that, to stop the van from being opened. The Garda also advises the use of an engraving tool to mark your name or to put a unique mark on your tools. While this advice is sensible, the reality is that the burden of prevention is falling entirely on the victims, not on the perpetrators and despite these precautions, the thefts continue.

Research shows that seven in ten tradespeople have had tools stolen.

This means it is not a remote possibility but a probability. It is something most tradespeople will experience at least once in their career and, unfortunately, many will experience it multiple times.

Let us look for a second at the human and economic consequences of tool theft. As a joiner, I have been involved in the training of several apprentices over the last 20 years. Young apprentices are the future of the sector and the construction industry. Many apprentices save for months, and even years, to buy their first set of tools. Some borrow money to get started. They build up their kit piece by piece and a single theft can wipe out everything they have invested, leaving them unable to work and forcing them to borrow again just to get back on their feet. Those starting out in the trade feel this vulnerability most sharply. For a young person beginning his or her career, it can be the difference between staying in the trade or deciding enough is enough and walking away from the job completely. Industry research indicates that roughly 30% of builders reporting having to take out a loan or borrow money to replace stolen tools. These are not small impacts but life-altering ones.

This comes at a time when the State urgently needs more skilled workers. Only last week, the Department of housing published a national framework for meeting priority construction workforce needs. It states clearly that "Ireland’s infrastructure ambitions are outpacing the construction sector's capacity to meet ... targets". It highlights labour shortages, intense competition for talent and rising costs. The stark reality is that even with only moderate productivity growth, the industry will need roughly 41% more workers by 2030 than we currently have working in it. How can we hope to increase the attractiveness of a sector that leaves its workers so exposed? How can we encourage young people into trades when they know everything they rely on to earn their living can be taken from them in minutes, with little consequence for the perpetrators?

This Bill is necessary because across the country we are seeing case after case where the punishment simply does not fit the crime. In County Laois a man who was recently convicted of tool theft received only a four-month prison sentence. In County Offaly a man convicted of stealing €1,500 of tools was given a fully suspended sentence. In my county of Galway there have been at least seven separate incidents of high-value tool theft over the last ten months alone. A case dating back to 2023 saw a man with 28 previous convictions for theft go on to steal nearly €20,000 of tools across four counties as part of a gang targeting work vans. When someone with 28 prior convictions feels emboldened to continue stealing tools it is obvious the current sentencing regime is not acting as a deterrent. The message being sent out is that you can repeatedly target tradespeople, repeatedly deprive them of their livelihoods and still face minimal consequences. This Bill sends a clear message that if you steal tools people rely on to earn a living, there will be serious consequences.

I would prefer if this legislation and legislation like it were not necessary but tool theft has become a scourge across Ireland. It is undermining our workforce, damaging small businesses and discouraging young people from entering trades at a time when the country needs them desperately in the sector. I am bringing forward this Bill to ensure justice is served. The punishment must fit the crime. These thefts have a deep and lasting impact on victims' lives and the law must reflect that reality. The Bill strengthens our response, supports our tradespeople and helps safeguard the future of our construction sector.

It is a great privilege to second this Bill. I compliment Senator Murphy on bringing it to the floor and on his work and advocacy on this proposal so far. This is an important Bill because tradespeople are the lifeblood of our economy and society. If this Bill is supported, the message that will go out to those in the trades is that they are valued and are being listened to. This is a very important element to communicate.

In my home county of Mayo, we have had tool-marking initiatives, which we also have across the country. These are a symptom of the much broader issue of tool theft that Senator Murphy has outlined. This issue must be addressed and a message must go out because if we have lax laws and weak laws, we incentivise criminals, such as those with many previous convictions Senator Murphy mentioned, to carry on as normal. That cannot be accepted any more, especially when the State has such ambitious plans to deliver infrastructure and build homes in every town and village in the country. We need to back tradesmen and women who get up and work for an honest living and ensure they are not sucker-punched by thieves who take advantage of people who are trying to make a living in the trades. I am honoured to support the Bill. I hope we have support across the House to ensure we are strong in supporting our tradespeople and strong on law and order. That is a very powerful message and a vote of confidence we can send out to our tradespeople.

I thank Senators Murphy, Duffy and Kennelly for proposing this Bill. It is very simple and only has two sections. We all know we want to tackle and be tough on crime, especially in rural communities, but we have to be practical as well. While I support the essence of this Bill, there are difficulties with it. I do not know what the Minister is going to say. I can guess what he might say but it would not be right for me to do that. What occurs to me is that there are technical legal difficulties with this Bill. We have the separation of powers with respect to the Judiciary. We previously had legislation on the administration of the powers of the Judiciary and there is a proposal here to introduce a mandatory sentencing regime. I do not know if that is within the scope of the Legislature, so I am interested to hear what the Minister has to say about that.

Senator Murphy is very animated about this issue and very committed to it. He is a rural Senator and before that he was a rural councillor, meaning he understands this. This type of theft does not only happen in rural areas; it happens everywhere, including urban areas. I have seen too many sole traders who have come out in the morning to find their truck raided and all their machinery gone. It is all very well having skills and a pair of hands but without their expensive machinery, tradespeople are really set back. This is a difficultly for small sole traders in particular.

We also see this in farming communities. There are a whole range of issues. I am not going to delay proceedings, other than to say I support the principle of the Bill. I believe there are technical issues I am not fully equipped to talk about. We need guidance from the Minister on the legal implications of bringing in mandatory sentencing through legislation. I have no doubt he will guide us through that when he addresses the Bill. Other than that, I am supportive of the Bill. It is significant legislation. There may be other strands that would have the same effect as what the Senator is trying to do, without adopting this Bill. Those are just some loose remarks. I am supportive of the Bill but there are potentially legal impediments to enacting this legislation as presented to us.

I welcome this debate on the Criminal Justice (Theft and Fraud Offences) (Amendment) (Work Equipment) Bill 2026. I, too, compliment Senator Murphy. Coming from east Galway, the Senator and I both understand the plight of tradespeople who have been victims of these offences that have been going on not just for weeks or months, but continuously. I would go one step further than Senator Murphy and extend the Bill beyond construction tools.

I think of musicians and the only tools they have, be they the harp or their gear. They are impacted equally, and they drive that white van they have to reverse up at night-time to protect it. It is the theft of tools and of equipment people depend on every day. It is the farmer in the middle of calving season, the tradesperson heading to work the next morning and the musician preparing for the performance. Overnight, it is gone. When the tools are taken work stops, income stops and lives are disrupted. These are not just items. These are livelihoods as was said in the Senator's opening remarks. It is not just theft. It is the theft of a person's ability to work. We must be honest that a lot of these thefts go unreported. People just absorb the loss and replace what they can and move on. There is the fear that if they report it and put it through the insurance that the insurance goes up. People just carry the loss a lot of the way.

I also acknowledge the work An Garda Síochána is doing to continue to target organised crime. There is the work on operations Thor and Táirge and the rural safety plan strengthening safety in our community. The practical measure they normally hold at the beginning of September for the property app and property marking is helping people protect what is theirs. I saw it in Portumna Garda station last September, and I saw a queue of people going in to see how they could mark their trailers and pieces of equipment. It is welcome to see.

Like everything else, I have no doubt there are issues with this Bill but I support the principle of it. While I am aware the Criminal Justice (Theft and Fraud Offences) Act 2001 provides a maximum sentence of ten years' imprisonment in the case of offences of theft and handling of stolen property, where a work equipment theft involves a burglary, the maximum sentence may be up to 14 years. In the case of robbery and aggravated burglary, the maximum sentence is life imprisonment. Where my colleague is coming from is asking when enough is enough. When do we have a standardisation of a minimum sentence? I know that is probably difficult. However, when you take away somebody's income and their right to work, support their family and educate their children, that has to carry some burden and some bearing. I am not saying the Judiciary does not take this into consideration but we need to be conscious that when a crime like this comes before our court system, it has to be recognised for what it is. It is taking people's ability to work and support their family. At the end of the day, whether they are in urban or rural Ireland, as Senator Boyhan has said, and regardless of where they are located there has to be a recognition for this crime.

When someone's tools are stolen it is not just the property that is taken. It is their independence, their income, their ability to work and their piece of mind. They have in most cases come inside the front gate to touch that van so they have also impacted on a person's family home. I support what has been brought forward in this Bill and in getting a Second Stage reading. I welcome the Minister’s remarks.

I acknowledge the intent behind this Bill. The theft of tools and work equipment is a serious issue affecting workers, tradespeople, farmers and small businesses across the country. As Senator P. J. Murphy pointed out, these tools are not simply possessions but livelihoods. Anyone who has spoken to tradespeople knows how devastating that can be. The Bill before us seeks to amend the criminal justice Act 2001 to introduce mandatory sentencing provisions for offences involving the theft of work equipment used in the course of a person's employment. It proposes that where a person is convicted of theft-related offences involving work equipment, which prevents the owner from carrying out their employment, the court must impose a sentence of no less than 36 months' imprisonment. At first glance it looks attractive. When people see damage caused by tool theft, their instinct is to say the penalties must be increased. However, we must be honest about what will reduce crime and what will not.

The key issue with the Bill at the moment is the introduction of mandatory sentencing. Ireland's justice system has traditionally relied on judicial discretion, and mandatory sentencing removes that discretion. That is a significant shift in Irish criminal justice policy and is not something we should introduce lightly. First, it risks introducing disproportionate outcomes. Under the Bill, someone convicted of theft involving work equipment could face a minimum sentence of three years' imprisonment regardless of factors such as the value of the equipment, whether the person played a minor role or whether the tools were actually recovered. That kind of rigidity can produce outcomes that do not fit the circumstances in the case. Second, there is little evidence internationally that mandatory sentencing actually deters crime. Property crimes such as theft are often opportunistic. Sometimes they are driven by addiction, financial desperation or are carried out by organised criminal networks. In those situations, the severity of the sentence is far less influential than the likelihood of actually being caught. If we want to tackle the thefts effectively we have to focus on detection, enforcement and prevention, and not just sentencing. Stolen tools can be moved quickly across the country and across borders and resold through online markets and informal networks. That is the reality of how this crime works. Courts already have powers to impose substantial custodial sentences for serious theft and burglary offences. Judges are already able to consider the impact of the crime on a victim's livelihood when determining an appropriate sentence. I also think it is important that we frame the debate carefully because supporting workers and tradespeople does not mean abandoning principles that underpin our fair justice system. Judicial discretion exists for a reason, and it ensures that sentencing can be proportionate, balanced and tailored to the circumstance of each case. Removing that discretion risks creating a more rigid system that does not necessarily deliver better outcomes for the victims or society.

While I recognise the motivation behind this Bill and the concerns it seeks to address, I believe the approach taken here is not the most effective way of tackling the problem. Instead, we should broaden the conversation and ask what practical measures can be introduced to prevent tool theft in the first place. We should examine how stolen equipment is being resold and we should ensure that workers who fall victim to these crimes are properly supported. When someone loses the tools of their trade, he or she is not just losing equipment; he or she is losing his or her ability to work. That deserves a response from the justice system that is thoughtful, effective and grounded in evidence. I hope this Bill progresses and we can have constructive discussions about what best protects workers while also maintaining the principles that underpin our criminal justice system.

I am pleased to support the Criminal Justice (Theft and Fraud Offences) (Amendment) (Work Equipment) Bill 2026. One thing I will say tonight is that it is significant legislation. By no means, from this debate tonight, do we want to dilute it. This legislation addresses a persistent and damaging problem, namely, the theft of tools essential to the work of tradespeople and apprentices across this country. Tradespeople and apprentices in particular face considerable financial strain. Apprentices are frequently paid minimum wage while also covering course fees, accommodation and transport. Many take on additional employment simply to remain in training. Despite these pressures they must invest significant sums in their tool kits. When those tools are stolen the impact is immediate. They cannot work, they cannot earn, and they cannot progress. Recent research shows that more than 70% of tradespeople have had their tools stolen with half reporting losses exceeding €3,000. That is a significant amount of money. These tools are now mostly electric, which makes them more expensive. Over one third have had to borrow money to replace equipment and more than one in ten have been unable to work as a result. These figures have been demonstrated already, but they show the scale of the problem and the inadequacies of current deterrents. Let us really punish the offenders when they are caught.

This Bill introduces a minimum custodial sentence of 36 months for adults convicted of theft, burglary, aggravated burglary, robbery or handling stolen property where the offences involve work equipment and prevent the victim from carrying out their employment. It also limits the extent to which such a sentence may be suspended. The purpose is clear. It is to ensure those who deliberately target tradespeople face consequences proportionate to the harm they cause. I state plainly and clearly tonight that the individuals who commit these offences are not opportunists or petty thieves. They are people who knowingly deprive hard-working men and women in this country of their ability to earn a living and this has to stop. Their actions are calculated, intrusive and deeply harmful. They show no regard for the financial hardship, disruption or the psychological distress they inflict. Such behaviour is reprehensible and warrants a firm and unequivocal response from the State. That is not solely a matter of property crime. As Senator P. J. Murphy pointed out, many of these offences occur at people's homes and properties where families live, representing a serious invasion of privacy.

The consequences extend far beyond financial loss. Victims experience anxiety, insecurity and a profound sense of violation, and especially too do their families who live in the same properties. For small businesses and sole traders, the impact can be catastrophic. We in the Fine Gael Party have consistently prioritised law and order and the protection of those who contribute to our economy. We need to protect the people who get up in the morning who do a hard day's work and we need to punish the people who go out deliberately to steal their work tools that provide a livelihood. They deserve to work in the knowledge that the justice system recognises the seriousness of these offences and responds accordingly. Having spoken to tradespeople across Kerry and, indeed, Munster, it is evident that the current situation cannot continue. Senator Murphy mentioned a guy with 26 previous convictions. Surely, that is a benchmark. This Bill is a necessary and proportionate measure to protect livelihoods, support apprentices and uphold the principle that work should be respected and safeguarded. I commend the Bill to the House.

I begin by putting on the record the importance of this legislation that has been introduced by my colleagues in the Fine Gael Party and particularly by Senator P.J. Murphy, who has been a victim of this crime of tool theft in the past and who, having worked in the industry, has dealt and engaged with so many victims of this crime over the past 20 years in his work as a joiner. I want to read for a moment the words of somebody from Duncormick in my own area of south Wexford who described the impact that tool theft has had on them. This was reported in the Wexford People. He said:

These lads knew what they were looking for. They cleared the van out and then broke the lock on the shed and took ... [everything that] was in there.

He went on to say:

It's an ... nightmare ... [to be honest with you]. I've been able to get a few cheap and cheerful bits ... [but] The rest, I'll ... have to slowly replace over time.

The impact here is on hard-working tradespeople, the men and women who are the backbone of the construction industry. The reason this legislation is being put forward is because we have a deep feeling that the current legislation that is there around theft is not adequately and proportionally reflecting the damage and impact it is having on the victims of this crime. There are many arguments against minimum sentencing and there are many issues.

I understand that Article 34 of the Constitution references that the courts are the ultimate administrators of justice and not the Oireachtas, but the Oireachtas has a role in legislation and it has a key role in putting forward a message from the people, which is that the public will not stand for tool theft, and the current system we have is inadequate. We must send a clear message to the courts and the Judiciary that stronger minimum sentences are required in this area. When we consider the Ellis Supreme Court case that effectively changed the law when referencing the Constitution about minimum mandatory sentences, one of the key points is that there has to be a rational relationship between the fixed penalty and the victims and the crime itself. We must consider the impact that tool theft has as distinct from ordinary theft. There is an option for a judge to impose a ten-year penalty for ordinary theft, but tool theft is unique. It is different. It is something that is worthy of being a stand-alone offence. That is what this legislation seeks to do. There might be issues that have to be teased out as this legislation progresses through the House, but certainly my clear impression from my colleagues would be that they are willing to engage and work with the Minister to refine them. The clear message from this House to the court and the Judiciary is that it is a different category of offence in and of itself.

The point made by Senator Kennelly is that if someone targets a tradesperson, he or she has to be able to receive a sentence proportionate to the damage he or she has done to that person. When the ultimate goal of this Government and this Oireachtas is to ensure the delivery of much needed houses - 300,000 homes by 2030 - we have to ensure that for every tradesperson who has a van and gets on the road and gets up early in the morning to assist in achieving that target, there are no days lost because they do not have the tools to get there. When we heard earlier the key point that one in three victims of this crime has to go to a lender or bank to replace them, that clearly sums up in my mind that the current system we have simply is not putting on enough pressure to put it into a thief's mind that it is just not worth breaking the lock, clearing out the back of the van and taking everything that is in there. I implore the Minister and his officials in the Department to really take a detailed look at this. There are many other crimes that are substantial and serious that I also feel are worthy of minimum mandatory sentencing, but this is a unique category offence that is different from ordinary theft. It is different from burglary and aggravated burglary. It should in and of itself should be its own category of offence.

I, too, commend Senators Murphy, Duffy and Kennelly on this Bill. It is a very topical issue at the moment. As all my colleagues have said this evening, the punishment must fit the crime. If the Minister did not have access to his legal briefs and staff and if the Cathaoirleach did not have access to the clock, bell and mallet, where would we be? What delays would we be looking at? As the previous speaker mentioned, delays in tradespeople completing their work only add to the national issue we have in trying to deliver housing for the population.

I have regularly spoken in this House about apprenticeships and the need to attract more apprentices into the sector in trying to build on the number of apprentices we have. One of the previous speakers said that the loss of an investment of €2,000 to 3,000 at an early stage in that training process could put somebody off completing their studies and continuing that work. All of these are very important issues and that is something Senator Murphy has addressed in the creation of this Bill.

To go back over this, the only research we have is some research that was done by Chadwicks back in 2023. It found that 71% of tradespeople have had their tools stolen, and 22% do not mark their tools to help them identify them, which means they do not generally get the tools back, even if the Garda has identified them. An Garda Síochána has a property app. If we do nothing else with this Bill this evening, we should try to encourage tradespeople across the country to download that app, record and photograph their items, take note of their serial numbers and store them on the app on their phones. It would be a great thing to come out of tonight. Some 35% have had their tools stolen in excess of a value of €3,000, and 62% of respondents to that survey had to delay jobs because of the theft of tools. That is the one we should be most worried about at the moment. We would not accept it in any other area. We would try to address it. It is to be hoped with this Bill that it can be addressed. Those who steal the tools of someone's trade are effectively stealing their income and the system must reflect the seriousness of that crime. As Senator Byrne said, the punishment must be proportionate to the crime that has been committed. I commend the Senators who brought this Bill forward and I fully support it. I look forward to the Minister's words.

Like other speakers, I commend Senator Murphy on bringing forward this Private Members' Bill. It is very smart legislation. It is very much thinking outside the box. Like other speakers, I would really appeal to the Minister to consider the merits of this legislation. In some ways, I speak from lived experience on this matter. My father and uncles are builders. I would have grown up on a building site on my summer holidays, working on roofs, putting up scaffolding or doing the hard work, as we speak of it in rural Ireland. I also have experience from my years as a member of An Garda Síochána in the element of investigating and prosecuting those who would have been involved in such crimes.

Speaking from my period on a building site, a builder's or carpenter's tools are like his left and right arm. It is not in some ways about the monetary value of it. It is what that tool can do. To lose that tool or have that tool stolen is quite serious to that person. Much has been spoken about the construction sector and how we need to build more homes. We really need to think outside the box in looking at this legislation.

We are seeing theft in rural Ireland and in west Cork. Thankfully, my father and uncles would not have seen the theft of tools, but we do see theft in parts of rural Ireland. There is cattle rustling going on in west Cork and this type of theft is no different.

In An Garda Síochána, as the Minister will know from his period in the courts, there are frustrations at bringing these types of cases to the courts in terms of the sentencing. There are genuine frustrations. A garda tries to do his or her work, puts the hours in and takes the CCTV material and statements, and then in court the defendant is left with a sentence not befitting the work and hours that were put into it, never mind the devastating effects the crime will have had on the injured party, or the 26 or 28 convictions the person standing in the box might have. That is where we need to think about this legislation a bit differently. We need to do things differently. A stand-alone offence has been mentioned and should be examined. This is a common-sense and pragmatic Bill. I commend Senator P.J. Murphy and call on the Minister to think outside the box.

As there are no other contributors, I call on the Minister to reply.

I thank Senators P.J. Murphy, Duffy and Kennelly for bringing forward this important legislation. It is also very useful to hear of the direct experience of Senator Murphy arising from his work as a joiner. Sometimes people do not realise the direct experience Members of the Seanad and Dáil have and it is very important we hear Senator Murphy's direct experience given that he has worked in that area for so long.

We all know the theft of tools and work equipment has serious repercussions. For many tradespeople, whether they be plumbers, joiners like Senator Murphy, electricians, carpenters, mechanics and other skilled workers, the tools of their trade are not simply possessions; they are essential to earning a livelihood. When those tools are stolen, the impact is immediate and profound.

There is an anxiety that comes with being targeted, work is delayed, contracts are jeopardised and in some cases individuals find themselves unable to continue working at all. For small contractors, farmers and self-employed tradespeople, the cost of replacing equipment can run to many thousands of euro and it can have a devastating impact on the businesses that many people have spent years building up. It is a particularly pernicious type of criminal offence since it targets somebody right in his or her job. One of the Senators mentioned earlier that when you target the belongings and equipment a person requires to do their job, you are really attacking the integrity of that person as well. That is before we even consider the loss of income and insurance cost implications that arise from this.

As public representatives, we regularly deal with constituents who have been the victims of such crimes, and the distress caused is evident. I think there is a shared understanding across the House of the importance of this issue and the Government will not be opposing the Bill. I am very much encouraged by the fact that across the House there is broad recognition that this issue needs to be identified, highlighted and if possible responded to with legislation.

I would also like to identify some issues in respect of where we are at present in terms of legislation that exists. It is very important that as lawmakers in this House and in the Lower House we are aware of what laws are there before we start considering or enacting further laws. As Senators will be aware, there are already property offences that apply to work equipment theft. Under the Criminal Justice (Theft and Fraud Offences) Act, a provision provides for a maximum sentence of ten years' imprisonment in the case of offences of theft and the handling of stolen property. Where a work equipment theft involves a burglary, the maximum sentence is 14 years, and in the case of robbery and aggravated burglary, the maximum sentence is life imprisonment. When imposing sentences, judges are not limited to considering the monetary value of the work equipment. They also are entitled to take into account the impact the theft had on the individual's work life and the emotional distress caused as a result of it, and those are factors that should be taken into account by judges when they are determining sentences.

We also need to examine, and it is very important to hear, the evidence of Senators from the areas they are from and the impact this crime is having on their local communities. There are also official statistics from the Central Statistics Office that show there has been a decrease in reported incidents of robbery, burglary and theft-related offences in general. The incidence of theft of farming equipment also indicates a decline in such offences. Simply because there is a decline in incidence or reportage, that does not mean this matter cannot be dealt with legislatively or that it requires the consideration of the Oireachtas. At the same time, it is important to point out that operational data provided by the Garda shows an increase in charges for these offences. This is, in part, as a result of targeted operations and initiatives. I was interested to hear what Senator Murphy had to say in respect of the individual with 26 former convictions who received a suspended sentence. Obviously, it is sentences like that, although we do not know the detail of it, that make Members of the Houses of the Oireachtas want to come forward with stronger legislation because where we do see recidivist offenders, we want to make sure they are sent a message that their ongoing repeat offending will not be tolerated by the State.

As Senators will know, the Garda operates a number of crime prevention initiatives, many of which have been spoken about here, and proactive policing operations specifically aimed at burglary and related offences. One of the most significant is Operation Thor, which was launched in 2015 - it is has now been in place for over ten years - and was designed to target organised crime groups through co-ordinated enforcement activity, intelligence-led policing and crime prevention measures informed by the latest burglary trends. Over the decade since Operation Thor was introduced, burglary and related offences have declined significantly, demonstrating the impact that sustained and targeted policing operations can have in addressing these types of crimes. I know Senators here will agree with me and be aware that we can change the law, but the most important factor to deter or detect criminal activity is that the Garda is fully resourced and active in the community to ensure that if these crimes occur, people are brought to justice promptly.

Alongside enforcement activity, the Garda also places a strong emphasis on crime prevention and public awareness. Members across the organisation promote preventative measures in their day-to-day engagement with communities, and there are also Garda members who are specifically trained to carry out the role of crime prevention officer. These officers provide expert advice to individuals, businesses and community groups on practical steps that can be taken to reduce the risk of theft and burglary. Importantly, there is now a crime prevention officer attached to each Garda division, ensuring that this expertise is available to communities throughout the State.

There are also practical tools available to assist members of the public in protecting their property. Many of them have been mentioned by Senators this evening. The property app developed by the Garda allows individuals to record and index items such as bicycles, laptops, tools and farm machinery. The app enables users to record identifying information associated with their property, which can be extremely helpful in the event that items are stolen and later recovered. It also provides a simple way of reporting stolen property to the Garda. The application is free to download and forms part of a broader effort to support property marking and traceability.

In addition, local community policing units regularly organise property-marking engagement days, as has been mentioned, where members of the public can bring valuable items to be marked and registered. These initiatives are frequently promoted through An Garda Síochána’s community networks and social media channels, and they represent a practical way of helping people to safeguard equipment such as tools that are essential to their livelihoods.

These measures also sit within a broader policy framework aimed at improving safety in rural communities. The rural safety plan, launched last September by the Minister of State, Deputy Niall Collins, brings together and strengthens the various strands of work being carried out in relation to rural safety. The plan was developed by my Department in conjunction with the national rural safety forum, and its vision is to ensure that people and communities in rural Ireland both feel safe and are safe in their homes, their places of work and their wider local environments.

The plan identifies four key priority areas of focus: community safety and engagement, property crime, roads policing and animal welfare crime. Through structures such as the national rural safety forum, community alert schemes and the development of new community safety partnerships, An Garda Síochána is continuing to listen to and work closely with communities to build safer places in which to live and work across the country.

It is encouraging to see the positive impact these collaborative initiatives are already having in strengthening safety and confidence in our communities. Taken together, these initiatives demonstrate that the response to theft and burglary is not confined to legislation alone. Effective prevention, strong community engagement and targeted enforcement are all essential components of tackling these offences and supporting those who are affected by them.

I will now make some observations in respect of the Bill. As I have said, the Government will not oppose it and it will go through with Government support. I want to make some observations that I hope will be taken constructively, as what we do not want to do is enact legislation that will be struck down by the courts. Senator Byrne alluded to what happened in the Wayne Ellis case. These are some recommendations I have in respect of the Bill and I will get legal advice from the Attorney General in respect of this.

The Bill provides for a mandatory minimum sentence and does not provide discretion for the sentencing court to not apply this minimum. As a starting point, the setting by the Oireachtas of minimum rather than maximum sentences is very much the exception. We need to be aware of this when we are dealing with the Bill. Sometimes mandatory sentences are applied. We apply them for murder. If somebody is convicted of murder, they face a mandatory sentence of life imprisonment. We also have mandatory minimum sentencing in respect of certain drugs offences. What was noticeable in the case of Wayne Ellis, which was a case where the Supreme Court struck down a mandatory sentence of five years for possession of guns, was that there were indications that presumptive sentencing is something we can do as an Oireachtas. However, we know the courts are very defensive when it comes to what they see as unnecessary or unlawful interference by the Oireachtas in their sentencing prerogative.

We entrust the courts with the responsibility of determining what is an appropriate sentence based on the facts of the cases before them. The courts will take into account aggravating or mitigating circumstances. As I am sure Senator Murphy and others will appreciate, there may be examples of people who have been involved in the theft of work equipment where their responsibility is much more egregious than is the case of other individuals who are minnows and who were put up to it by more senior figures.

We know that minimum sentences are used sparingly. It would be a change to impose a mandatory minimum sentence in respect of a work equipment theft offence, the gravity of which is unknown. I have to point out that some people who would be subject to a mandatory minimum sentence may not be the people directing the crime and we need to recognise there could be serious gangland figures directing the theft of work equipment. They are the ones the criminal justice system wants to target.

Where minimum sentences are used, they are generally prescribed on a presumptive basis, where judges may impose a lower sentence if exceptional and specific circumstances make it appropriate to do so. The Bill Senator Murphy is putting forward does not do this. My recommendation, and I will liaise with colleagues in respect of this, is that in order to be enacted the Bill will require amendments, including an amendment to refer to a presumptive sentence. The Bill, and Senator Byrne will be of assistance in drafting these amendments, will require a provision that states there may be exceptional circumstances in which the court can depart from the mandatory minimum sentence. If we do not do this, and if we proceed to enact it, my fear is that what will happen is what happened in the Wayne Ellis case. So Members are aware, back in 2019 the Supreme Court struck down a non-discretionary five-year minimum sentence on a limited group of offenders as unconstitutional. This was the Wayne Ellis case. I do not have the written advice of the Attorney General yet, but I know from speaking to him about matters similar to this that he has a concern in respect of frailties, whereby if legislation does not include presumptive and exceptional grounds to depart from a minimum sentence, the courts could strike it down.

I have to be frank with Senators that there is a constitutional frailty in respect of the Bill. Senator Boyhan may have alluded to this earlier. We need to ensure that we do not enact something that will create an easy victory for individuals being prosecuted before the courts under our new law who would be allowed to take a constitutional action which, in all likelihood, would succeed. This does not mean we cannot work together in respect of this legislation. A lot of good work has gone into it. I commend Senator Murphy particularly on the fact that this issue will now get coverage as a result of introducing this legislation. It is very important that Senators and Deputies introduce legislation. That is our primary function. Let us recognise it by introducing legislation in which we highlight an issue of real concern to our constituents. I will work with Senator Murphy and other Senators in respect of the Bill to try to polish it up so we can achieve the ultimate objective we all want.

I thank the Minister for his constructive and positive reply. I very much welcome the fact that the Government will not be opposing the Bill. I understand completely what the Minister said about the requirement for potential amendments and I agree with him wholeheartedly that this must be watertight before we progress any further with it. I thank my colleagues for their support and contributions. I look forward to working with the Minister to tease out any difficulties there may be in the Bill as we polish it up, to use his words.

I welcome guests of Senator Cosgrove who has brought her dad and it is lovely to see Seán O'Callaghan. He is sliding in the door as we are concluding business. We have other guests also, including the former Minister, Deputy O'Gorman.

When is it proposed to take Committee Stage?

Next Tuesday.

Is that agreed? Agreed.

When is it proposed to sit again?

Tomorrow at 9.30 a.m.