Tuesday, October 08, 2013

Criminals undermine democracy, says Martin

Violent criminals are undermining democracy but the law alone can’t bring them to book, the Catholic Archbishop of Dublin has warned.
Archbishop Diarmuid Martin said social issues such as inequality and marginalisation, as well as mental illness, all contributed to criminality and the problem needed a wide-ranging response.

“One cannot expect nor should one expect the courts to provide solutions to the many social challenges that sometimes find their most dramatic expression within the courtroom.

“The law defines what crime and antisocial behaviour is. But there are many whose antisocial behaviour is the expression of other problems.

“The high proportion of men and women with mental health problems, for example, who are returned to a prison system unable and incapable of addressing their problems requires an urgent political and social response.”

Dr Martin made his remarks at a Mass to mark the start of the Michaelmas law term which sees all courts across the country fully operational again after the summer break.

“We have those in society who think they have a right to impose their own rule through violence both in society and in our prisons. They are not just criminals but they are a threat to what democracy means,” he said.

“I have, on more than one occasion, appealed for a coordinated response which unites all those in our society to shame the perpetrators of violence and exploitation and protect our society from a spread of all forms of senseless violence.”

He stressed his comments should not be taken as a criticism of the gardaí and also spoke of the responsibility the judiciary and legal profession have in upholding democracy, saying : “The legal profession is not a simple profession like any other, but one which is linked with the quality of our living together as citizens.”

He warned of the damage that could be caused if justice was not administered properly or if it became the preserve only of those who could afford to access it.

“When the administration of justice functions well, it contributes to building up of a healthy society and when dysfunctionality enters into the system of administration of justice it brings degenerative effects into the very fabric of society.

“Justice must therefore have a privileged eye which focuses on those who are disadvantaged. Justice must have a privileged eye also to ensuring that legitimate claims do not result in a litigiousness which damages the unity of society or that the vindication of their rights becomes possible only for those whose financial means are elevated.”