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Opinion The Hate Offences Bill is far from anti-democratic - it's a mark of a civilised society

Adam Long of the National LGBT Federation (NXF) outlines why it’s important the new hate offences laws are not delayed or derailed.

THIS WEEK WILL see the Hate Offences Bill debated in the Seanad, having been passed by an overwhelming 110-14 margin in the Dáil in what was a rare outbreak of cross-party unity for a crucially important and long-called-for piece of legislation.

The Bill, when enacted, will finally bring to an end Ireland’s ‘outlier’ status as one of the very few countries in the western world without any hate crime law. Regarding the separate but related issue of incitement to hatred also covered in the Bill, it is important to note that Ireland has had legislation in this area since 1989 so it is hardly a new invention or radical departure.

However, both victims and criminal justice practitioners have long regarded the ‘89 Act as hopelessly outdated and largely toothless. It is therefore right and proper that we are updating our approach, especially in the online era, where so much hate proliferates but which current law is entirely silent on.

The legislation is certainly timely in light of recently published official figures revealing a nearly 30% rise in reported hate-motivated attacks for 2022 – an alarming increase which is only the tip-of-the-iceberg as this is a crime that is vastly under-reported. And while criminal law alone will not adequately address the ugly spectre of hate and extremism, it is a vital part of what must be a broader societal response making clear that hate crimes will not be tolerated.

New legislation welcome

In targeting a person’s inherent identity, the hate crime perpetrator instils fear in the entire community that shares the victim’s protected characteristics. It represents the ultimate ‘signal crime’ and the effects are chilling.

For example, according to the ‘LGBT Hate Crimes in the United States: Findings from the National Crime Victimisation Survey’, LGBT+ victims of hate crime are 12 times more likely to experience acute distress in comparison to being victimised by other crimes.

Yet, in the absence of specific legislation, the hate element in the crime routinely gets filtered out during the judicial process in what ultimately amounts to a failure to vindicate the rights of the victim.

As far back as 2016, our ‘Burning Issues’ survey – a comprehensive piece of research into the views and priorities of the LGBT+ community – revealed hate crime legislation to be the leading policy priority of our community. In the years since, the scourge of hate and abuse has become ever more prolific, facilitated in large part by the ‘wild west’ nature of the online world and more bad actors having since moved into that space.

According to more recent research we published in 2022, 90% of the Irish public agree that hate crime/incitement-to-hatred offences need to be effectively addressed in Irish law. Indeed, many people believe we already have such legislation which is the norm in virtually every other comparable jurisdiction.

Best practice

Having waited so long for legislation to be enacted, we must now ensure that it is fit for purpose and does not replicate the shortcomings of the aforementioned 1989 Act. To that end, the National LGBT Federation, along with many other civil society voices believe it is essential that we retain what is known as the ‘Demonstration Test’ for both hate crime and incitement to hatred offences.

This approach has been adopted by our nearest neighbours in Britain and Northern Ireland and is crucial to ensuring the law is effective and victim-centred. According to Dr Seamus Taylor of Maynooth University, who previously served as Director of Equality & Diversity at the Public Prosecution Service in London, the absence of such a Test makes it virtually impossible to prosecute this crime as it essentially requires ‘getting into the head’ of the offender.

The All-Party Oireachtas Justice Committee found the ‘Demonstration Test’ case compelling when they recommended its insertion into the Bill in late 2021.

In tandem with our colleagues in the ‘Coalition Against Hate Crime’, we also very much support the need for a public awareness campaign once the Bill is enshrined in law. A National Action Plan is also important, along with comprehensive training for those charged with enforcing the new provisions.

‘Culture war’ red herring

Unfortunately, we have already witnessed attempts to muddy the waters and import the kind of toxic ‘culture war’ tactics that are proving so corrosive in the likes of the US and UK.

Legislators must resist these false narratives and instead focus on what the proposed legislation is about – making sure that Irish law is capable of robustly responding to increasingly disturbing and violent attacks motivated by hatred of a person’s actual or perceived characteristic.

Claims that ‘free speech’ is being eroded under the Bill also do not stand up to scrutiny and conveniently ignore the fact that we have recognised the need to legislate against extreme criminal hate speech for the past 34 years. Far from being anti-democratic, such measures are in fact the hallmark of a civilised society.

The legislation also must be fully Trans inclusive and afford protection to what is a highly vulnerable community.

As Professor Amanda Haynes of the European Centre for the Study of Hate at the University of Limerick stated recently: “These laws seek to protect everyone from crimes committed out of hatred towards protected categories” which means “a definition [of gender] that recognises that offenders target people not only on the basis of hatred for binary gender identities like woman or man but also that they target people for having non-conforming gender identities.”

We hope the Seanad debate this week will stay anchored to the pressing need to finally legislate in this area – a need so clearly acknowledged by the overwhelming cross-party endorsement the Bill received in the Dáil.

This legislation is far too important to be in any way delayed or derailed. Impacted communities have waited too long already.

Adam Long is a Board Director with the National LGBT Federation (NXF) and has a long track-record of working to advance LGBT+ equality. A policy and communications specialist, he has chaired numerous panel discussions and more recently conducted in-depth interviews with the Taoiseach and other leading political figures as part of the PRIDE festivities. Social media: @adamlong80 and @nxfie. 

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    Mute Colin Moran
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    Sep 22nd 2015, 7:50 AM

    Want to stop people breaking into your house? Keep the bustards locked up the first time they do it!

    1520
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    Mute Richard Cynical
    Favourite Richard Cynical
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    Sep 22nd 2015, 8:17 AM

    get a dog, preferably a big one

    491
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    Mute VinHeffer89
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    Sep 22nd 2015, 8:34 AM

    Dogs, hedges and gates. Make your house as unattractive to burgle as possible, it’s the way to go.

    294
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    Mute Ryan Keegan
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    Sep 22nd 2015, 8:39 AM

    or a gun

    339
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    Mute Pete Gibson
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    Sep 22nd 2015, 10:10 AM

    Dedicated burglars know all about timers.
    The absence of a car outside is their main clue.
    Buy an old banger and park it outside.The worse condition the banger is in the better.
    Old banger = not rich.

    224
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    Mute Francie Coffey
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    Sep 22nd 2015, 10:39 AM

    My biggest problem with burglars is making sure they don’t wake the neighbours with their screams…

    177
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    Mute Saul Goodman
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    Sep 22nd 2015, 10:46 AM

    Buy a shotgun and let everyone in town to know about it.

    97
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    Mute Liam O'Reilly
    Favourite Liam O'Reilly
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    Sep 22nd 2015, 10:59 AM

    I suspect a gun in the house would make you as much a target as it would be a deterrent.

    Shotgun isnt much use if you are not in the house …..

    72
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    Mute rory conway
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    Sep 22nd 2015, 11:34 AM

    Better to put up a large sign advertising Rottweilers for Sale.

    76
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    Mute Shawn Rahoon
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    Sep 22nd 2015, 12:45 PM

    Totally agree Ryan. Glad to see the vast majority of thumbs in favour of the right to bare arms. They seem to change like the weather here on the journal.

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    Mute Bill McConnell
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    Sep 22nd 2015, 10:04 PM

    Shawn, we all enjoy the right to “bare arms” – can get cold in the winter time though!

    20
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    Mute Frank Dwyer
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    Sep 22nd 2015, 8:24 AM

    why not leave the lights on in all the abandoned Garda stations round the country the thieves might think we have a police force

    744
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    Mute Neal Ireland Hello
    Favourite Neal Ireland Hello
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    Sep 22nd 2015, 8:53 AM

    I’d rather the guards be out and about than sitting in some station twenty-four hours a day signing passport applications.

    226
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    Mute terrence
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    Sep 22nd 2015, 2:00 PM

    comment of the month!! take a bow sir

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    Mute Rodger 5
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    Sep 22nd 2015, 8:01 AM

    How many thefts are carried out by people on bail? Victims of these vermin should have the right to sue the state & that would end it.

    555
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    Mute ian flynn
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    Sep 22nd 2015, 8:07 AM

    Want to stop people breaking into your house? Vote for a government that will close rural garda stations, impose laughable sentences, reduce gardai numbers and divert Garda resources to water protests. The lights are on but there’s nobody home.

    382
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    Mute Le Tigre
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    Sep 22nd 2015, 8:18 AM

    Don’t tell me to leave my lights on, TELL BURGLARS NOT TO BURGLE! #victimblaming

    273
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    Mute John Campbell
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    Sep 22nd 2015, 8:32 AM

    Le Tigre, point well made! Of course householders should ensure that their homes are not easy to break into. Prevention is paramount, and the best way to achieve this is to deter the burglars by stiffer sentencing and more in your face policing. Blaming the victim only adds insult to injury!

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    Mute Liam O'Reilly
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    Sep 22nd 2015, 8:34 AM

    Its not victim blaming. Its a deterrent.

    There is a difference.

    But yes, the real issue here is how lenient sentences are. No one with 20+ convictions (or 10+ for the same offense) should be out in the community.

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    Mute Andrew Halpin
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    Sep 22nd 2015, 9:56 AM

    Government conservation advice: leave all lights and taps on

    47
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    Mute afc
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    Sep 22nd 2015, 7:55 AM

    Get an alarm as well. That way your neighbours can complain about the nose of it

    258
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    Mute afc
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    Sep 22nd 2015, 7:56 AM

    In addition to the noise of course

    245
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    Mute Mary Lyons
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    Sep 22nd 2015, 8:37 AM

    When I go away 1 leave 3 radios blaring in my house! Have been doing it for years and have never gotten broken into! Also leave the lights on in various rooms.

    I think the more locked up a house is ,all curtains drawn etc while you are away, the more inviting it is to rob!

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    Mute Chris Enright
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    Sep 22nd 2015, 10:04 AM

    and posting that on the Interne t with an account linked to Facebook. Every thief will be at a house listening for radios and lights left on everywhere.

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    Mute Mary Lyons
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    Sep 22nd 2015, 10:40 AM

    Chris a bit stupid of me alright! Forgot to say I also have 2 Rottweilers and a house alarm.!

    79
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    Mute Chris Enright
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    Sep 22nd 2015, 10:47 AM

    I see people posting on social media the whole time with locations of where they are. It is like an invite for people to rob a place. I know I do sometimes but live where there is always someone at home 24 hours a day 7 days a week all year.

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    Mute Mary Lyons
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    Sep 22nd 2015, 11:58 AM

    I agree everyone should be more mindful. Good advice.

    30
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    Mute little jim
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    Sep 22nd 2015, 8:09 AM

    Would anyone mind if the people with guns left the lights off a few nights a year. We’ll leave ours on and it’ll all work itself out.

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    Mute John Doe
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    Sep 22nd 2015, 7:55 AM

    your lights have more chance of scaring robbers away than the Guards..

    171
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    Mute Magnus
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    Sep 22nd 2015, 12:11 PM

    True. I leave mine on 24/7. Cost is negligible if you get the right bulbs and you can always see where you’re going at night around the house too. Makes perfect sense to do it. We have this hang up in Ireland about turning off the lights. It’s a throwback to previous generations when they literally couldn’t afford it but it’s also simply untrue it costs a lot of money. It’s only a pence, not a few pounds.

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    Mute John Reese
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    Sep 22nd 2015, 8:48 AM

    A house is a man’s castle. It is where his wife and kids live. Break into that space and it is open season for getting your head blown off your shoulders.

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    Mute Mick McGuinness
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    Sep 22nd 2015, 7:58 AM

    Love to see how they feel if their homes were broken into and wrecked and all their gear stolen along with any car or other transport they hey or their family have.

    121
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    Mute littleone
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    Sep 22nd 2015, 8:34 AM

    Maybe government can stop closing rural gardai stations , that would be a start. Even with lights on , some elderly are still being targeted because the burglars know their is no gardai presense.

    114
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    Mute Kieran OKeeffe
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    Sep 22nd 2015, 11:17 AM

    Local had a sign on his gate”This house is guarded by shotgun 4 nights a week..guess which nights”

    87
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    Mute David Conroy
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    Sep 22nd 2015, 11:15 PM

    Or “Rottweiler Can Make The Garden Wall In 2.5 Seconds, Can You ?”

    8
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    Mute David Evans
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    Sep 22nd 2015, 8:20 AM

    Leave the water running sure, robbers will definitely think there’s someone there then.

    75
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    Mute Edmond Mc Grath
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    Sep 22nd 2015, 8:48 AM

    Leave the lights on! Some people can’t afford electricity for cooking and heating never mind keeping the lights on for the burglars!

    71
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    Mute Conor Geoghegan
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    Sep 22nd 2015, 9:16 AM

    Top policing it has to be said, leave the bloody lights on, sure why not leave the heating on as well it gets cold in these winter months …
    How about a fresh approach to neighbourhood watch, tougher sentencing and better policing

    58
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    Mute liam ward
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    Sep 22nd 2015, 8:11 AM

    I want to stop rats trying to break into my home Irish water to blame for disturbing them while digging up my road here in Dublin

    44
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    Mute Martin Hayes
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    Sep 22nd 2015, 8:46 AM

    Maybe the rats just view you as a kindred spirit.

    22
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    Mute Tongueless Ghost
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    Sep 22nd 2015, 8:44 AM

    Leave the lights on. Yeah ok half the houses are robbed during the day ffs, they haven’t got a clue in all fairness.

    44
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    Mute Neal Ireland Hello
    Favourite Neal Ireland Hello
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    Sep 22nd 2015, 8:54 AM

    If you read they article you’ll see that they are specifically talking about the evenings, during which burglaries increase in the Winter months,

    34
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    Mute Tongueless Ghost
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    Sep 22nd 2015, 11:17 AM

    I did read THE article. Most houses are robbed during the the day because the thieving sc#m know that most people are working during the day or they’re gone to pick up the kids from school. Wouldn’t you think the Gardai would know this.

    23
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    Mute Pearse McMullen
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    Sep 22nd 2015, 10:52 AM

    My dog is a cross between a Staffy and a Japanese Tosa (Bull Mastiff) he weighs about 60 kilo, Think i`ll leave the lights off and a little window slightly ajar, If the neighbours here any screams they have agreed to hold off calling the ambulance until i get home and can drag the body outside my property.

    40
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    Mute Ryan Keegan
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    Sep 22nd 2015, 8:38 AM

    Or buy a shotgun

    40
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    Mute louise
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    Sep 22nd 2015, 12:24 PM

    It’s the poor elderly getting attacked in their own homes, lights or no lights.. No one feels safe in their homes anymore. As usual burglars get away with it..

    34
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    Mute Ciara St Lawrence
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    Sep 22nd 2015, 8:21 AM

    Peter Andre has fallen on tough times I see…

    34
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    Mute Carmo Vanderval
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    Sep 22nd 2015, 9:17 AM

    Call the cops! He just stole my heart…

    7
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    Mute Tomasz Kuchnik
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    Sep 22nd 2015, 8:59 AM

    one or couple capable dogs (not chi wow wow or jack Russell with all sympathy for them) and problem should be sorted

    23
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    Mute Kathleen Kavanagh
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    Sep 22nd 2015, 4:07 PM

    They wouldn’t want to catch me on a bad day breaking in – they would be screaming for a priest !

    12
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    Mute Michael Sands
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    Sep 22nd 2015, 6:12 PM

    You nail their hands and feet to your wooden floor?

    3
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    Mute Peter Higgins
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    Sep 22nd 2015, 4:05 PM

    The greatest deterant to crime, be it burglary, murder or anything else, is risk of detection. And alas, in Ireland that’s very low.

    10
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    Mute julie mcguckin
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    Sep 22nd 2015, 1:05 PM

    Yeah let’s all get guns. It’s working out really well for the Americans so why not us?

    8
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    Mute Andrew Halpin
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    Sep 22nd 2015, 9:55 AM

    http://www.thejournal.ie/stolen-homes-millions-1683749-Sep2014/
    Better stuff last year, nice poster, same advice. Still trying to get my head around how they know leaving your lights on prevents burglary? I wonder what % of houses burgled are occupied at the time. Maybe they survey the criminals!!

    7
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    Mute Michael Sands
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    Sep 22nd 2015, 6:11 PM

    Or you can take a hammer to them?
    Or meet them naked and say who’s going to get it tonight lol. Just joking, that is how you answer the door when the priest comes round lol.

    1
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    Mute Maurice Dodd
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    Sep 26th 2015, 9:23 AM

    ireland..where every day is april fools day

    1
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    Mute Michael Sands
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    Sep 22nd 2015, 6:17 PM

    But they say when answering the door late at night to have the outside lights on but the hall light off because if they break in they can be seen but they then can’t see where they are going???
    I heard a Labour man on Brown last night saying why there is less Gardai about as he put it that crime has changed, what a load of slurry… Crime is still the same, it is the government who has changed the Gardai?

    1
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