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Tough guys always shoot from the hip
Michael Clifford



WHO is the tougher guy, Enda Kenny or Michael McDowell?

Which is the better crimefighter, either in parliament or on the street? If you were a drug-crazed fiend, or a ruthless burglar, which man would you fear most?

Personally, any vague notions I ever had of a career in crime were shelved last week when I realised just how tough these two guys are. Life as a criminal wouldn't be worth it with hard chaws Kenny and McDowell on your case.

Last week, both men demonstrated their teak-tough backbones in fighting crime. The result was ridiculous, yet worrying. More than anything it was a perfect illustration of the politics of crime.

The occasion was a private members bill brought forward by Fine Gael, which could be described as the 'Licence To Kill' bill. It has its origins in the jailing last year of farmer Padraig Nally for the manslaughter of John Ward, a traveller with a history of psychiatric problems and petty crime. Nally shot Ward in the back of his head as the latter was crawling away on the ground from an apparent attempted robbery.

Nally's six-year sentence attracted huge sympathy. He had previously led a blameless life and had been living in fear of robbery. John Ward, railing against the odds since birth, dead at 41, leaving a wife and 11 children, attracted little sympathy.

It was clear where the votes lay on this issue. The wilder shores of Fine Gael harbour a virulent anti-traveller sentiment. This is what Kenny was appealing to when he spoke out at the time of how the law must be changed in favour of homeowners. His chief whip, Paul Keogh, went further, saying Nally was right to kill Wa rd .

Something, anything, had to be done to mine the emotional seam opened by the killing. There was no civilised law that could have exonerated Nally for his actions, but the main thing was to appear in sympathy with his plight, to throw tough-guy shapes. The result was last week's socalled 'Homeowners Bill'.

On the other side of the house, the Minister for Justice was left with something to ponder by the fallout from Nally's jailing. At the time, he correctly pointed out that the law . . . the Non-Fatal Offences Against The Person Act . . . was perfectly adequate. But with Fine Gael throwing tough-guy shapes, he felt obliged to match them, to be seen to be doing something, anything.

Knowing how ridiculous the situation was, he . . . uncharacteristically . . . didn't introduce his own bill, but got his ally Tom Morrissey to throw the initial shapes in the senate.

The most controversial element to the Fine Gael bill was a suggestion that a homeowner who uses force against an intruder wouldn't have to demonstrate that the action was "reasonable". If a homeowner killed an intruder, and was subsequently prosecuted, the onus would be on the prosecution to show that the killing wasn't reasonable. This is, in effect, a licence to kill, which is about as tough as you can get.

During last week's debate on the bill, the men of the street showed their muscle.

McDowell related how he had held a burglar with a poker one night until the cops arrived. He confirmed to the house that he wasn't wearing his FCA uniform on the occasion.

Kenny told of being prepared to fight for his life once when confronted by two knifewielding thugs. Only persistent inquiries by reporters unearthed the detail that the incident occurred in Kenya 12 years ago. The man who would be Taoiseach had attempted to convey the impression that Ireland had a level of street crime comparable to that of a relatively unstable, poor African country.

Both men emerged from the week with their toughguy credentials intact. The whole shebang had nothing to do with tackling crime. The net result was hyping crime and spreading irrational fear.

That may suit politicians hunting votes, but what about the vulnerable elderly who live alone? What about isolated homeowners who feel as Padraig Nally did before he resorted to killing? Surely their fear will only be heightened by the dishonest, cheap, clowning around of tough-guy politicians.




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