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Thursday, 16 Feb 2023

Ceisteanna Eile - Other Questions

Domestic, Sexual and Gender-based Violence

Questions (7)

Colm Burke

Question:

7. Deputy Colm Burke asked the Minister for Justice to confirm the progress to date under the €363 million strategy to tackle domestic, sexual and gender-based violence announced in 2022; and if he will make a statement on the matter. [7739/23]

View answer

Oral answers (6 contributions)

Will the Minister clarify the progress to date under the €363 million strategy to tackle domestic, sexual and gender-based violence from 2022? Will he set out what progress is being made on this five-year programme? I know it is only eight months on but I would like to know what progress has been made as a result of the programme announced in 2022.

I thank Deputy Burke for raising this matter. Zero tolerance is the Government's third national strategy on domestic, sexual and gender-based violence. It was published by my colleague, the Minister, Deputy McEntee, last year. The strategy has been widely accepted by stakeholders as an ambitious five-year programme for reform to achieve a society which simply does not accept domestic, sexual and gender-based violence or the attitudes that underpin it.

The strategy is built on the four pillars of the Istanbul Convention. Its accompanying implementation plan, which runs to the end of this year, sets out 144 detailed actions which are assigned to my Department and other agencies and Departments across government. Subsequent implementation plans will be published annually during the lifetime of the strategy.

I am pleased to report that progress is being made and I will publish regular updates on each of the 144 actions. A key part of implementation will be the establishment of a new statutory domestic, sexual and gender-based violence agency which will ensure a permanent and dedicated focus on this important area of work. Its establishment will ensure that there is one agency whose full-time job and entire focus is the delivery of this strategy and the zero-tolerance culture in our country.

Last week, my Department led a co-design workshop with civil society partners, which I was delighted to attend. Within a month, I will seek the Government's approval for the draft general scheme of the Bill to establish the agency. Following approval, the Bill will be drafted as a matter of priority and the new agency will, subject to the Oireachtas passing the legislation, be established by 1 January next year.

As part of the strategy, the Government is committed to doubling the number of refuge places over the lifetime of the strategy, bringing it to 280. In order to achieve this ambitious goal, we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year.

Work undertaken to implement the strategy has already prepared the way for this, including through the development of agreed processes and approaches that will support organisations to deliver the highest standard of refuge accommodation in the most efficient and holistic way. There has also been significant progress on the legislative front, which I will have a chance to come back to in my next answer.

I know my colleague referred earlier to the figures. Some 41% of Irish women know someone in their circle of family or friends who has experienced intimate partner violence. I have figures from the Courts Service showing that applications for orders increased by 12% in 2020 to 22,970 from 20,501 in 2019. The other frightening figure in the recent report is the finding that in 2020, 25% of victims of sexual violence were females aged under 18. This emphasises the importance of the programme and the reason we need to speed up the process for its full implementation. The Minister talked about the statutory agency for domestic, sexual and gender-based violence. We also need updated primary and secondary school curriculums. What is the position with regard to public awareness campaigns?

The Deputy is entirely right. While we need to pass legislation in this House, the education piece is key. My colleague, the Minister for Education, Deputy Foley, is leading on a number of actions in that area, including overhauling the social, personal and health education, SPHE, curriculum, effective from next September, and work on age-appropriate primary school education in this space. There is a cultural element involved here. The horrific Andrew Tate-type online scenario gave us a real insight into that. It caused parents throughout the country considerable worry about what their children are accessing online.

I will be bringing forward significant legislation in the coming weeks and months. The Government has now approved the publication of a Bill which will increase, from five to ten years, the maximum sentence for assault causing harm, which is one of the most common offences in domestic violence cases. The new legislation, which is before the House, also contains a provision to make stalking and non-fatal strangulation stand-alone offences. While both are already crimes, this will make the law clearer and stronger.

I will also seek to enact the sex offenders Bill, which will strengthen the management and monitoring of sex offenders, including giving our courts the power to electronically tag sex offenders. I intend to update sexual offences legislation, including updating the law with regard to consent and introducing many reforms to support the victim, including victim representation and anonymity in court.

I wonder whether we also need to carefully look at supports that need to be improved for women who have suffered violent attacks or sexual assaults. I understand that some of the sexual assault units may have difficulty in getting the professional staff required. There are challenges in that area. I ask the Minister to look into the level of supports that are required and ensure the units in operation have adequate staff numbers and supports in place.

I will do that. We have also significantly increased funding for groups working with victims and survivors of domestic, sexual and gender-based violence, as is right and proper, to help those on the front line respond in communities.

The roll-out of safe homes, alongside the roll-out of refuge spaces, is a key element in making sure of this. I do not want anyone listening to this discussion, who is in immediate danger, to think he or she needs to wait for the Oireachtas to pass a law. Anybody can call 999 or 112 today and there will always be somebody there to help. There are now trained Garda personnel in every division in the country ready to respond and support victims on their journey.

We have had a significant increase in public awareness campaigns. The Deputy will have seen some very hard-hitting advertisements just before and after Christmas driving the message home. I also wish to see the roll-out of an awareness campaign with regard to Coco's Law. It has been very important with regard to making it illegal to share or, indeed, threaten to share, an intimate image. The Deputy can expect to see more being done on public awareness very shortly.

Question No. 8 taken with Written Answers.

Prison Service

Questions (9)

Martin Kenny

Question:

9. Deputy Martin Kenny asked the Minister for Justice the steps he is taking to action the recommendations arising from the Irish Prison Service attendance management review published in April 2022; the actions that have been completed; and if he will make a statement on the matter. [7532/23]

View answer

Oral answers (6 contributions)

I will ask the Minister about the actions of the attendance management review published in April 2022. The issue we keep hearing about is the challenges around staffing levels in the Prison Service and the impact it is having on the service's ability to deliver the core rehabilitative services, such as education and training, etc. We need to see efforts made here. I know there has been funding for an additional 100 staff, but we clearly need to expand on that.

I thank Deputy Kenny for raising this important matter. The Irish Prison Service is committed to providing a safe and secure environment for both staff and people in prison. This includes ensuring sufficient staffing and managing attendance issues. The Prison Service has been recruiting prison officers in the past number of years and has also put in place a range of supports for staff. Good progress has been made with 133 prison officers recruited in 2021 and 128 in 2022. I am pleased to note that 16 recruit prison officers graduated at the end of January 2023.

In addition, a class of eight recruits who commenced training in December 2022 are due to graduate in March and a further class of seven who commenced training at the end of January will graduate in April. It is expected that 250 prison officers will be recruited this year, supported by additional funding of €6.5 million secured for staffing under budget 2023.

I can advise the Deputy that the attendance management review, to which he referred, is an internal audit document developed at the request of the Irish Prison Service to assist the organisation in considering and developing best practices and procedures around attendance management, which is a critical operational dependency. It is not the practice to publish such reports. However, to be of assistance to the Deputy, I have had inquiries made and am advised by the Irish Prison Service that a number of the recommendations made have been progressed, including a key recommendation focused on upgrading the time and attendance clocking and recording system.

Progress on many of the recommendations in the report is underpinned by the implementation of this new system. I have been advised that the Prison Service expects to publish the relevant tender in the coming weeks. Overall, the report provided a positive assurance that there is an effective system of internal controls in place in the Prison Service over attendance management. The service has advised that it is informing relevant policies and strategies.

I appreciate that and I understand it is an internal report. We know a number of recommendations were made and it is key that we know how much progress has been made in implementing them.

Some of them relate to management within the prisons, how things work and certain issues that were raised in the past by whistleblowers, for want of a better word, within the system. They had issues with how the system was working and how the whole process was arranged. Moving forward, we need to ensure that the recommendations of this report are implemented in full so that we do not have any recurrence of that type of situation.

A key issue is the need to ensure that we have adequate trauma support and rehabilitative services for inmates in the Prison Service. We also need to ensure that we have the psychiatric support that is needed. As we know, and I discussed this with the Minister yesterday evening, it is actually more secure psychiatric spaces that we need rather than more prison spaces because we have a lot of people in prison who should not be there at all. One of the key parts of the service where there are recruitment difficulties is in the provision of psychiatric services and that needs to be examined.

The main point the Deputy is making is that prisons are effectively an ecosystem and need to be treated as such. Prisons encompass staff, prisoners and management and we must ensure that both prisoners and staff have the services and the supports they need.

On mental health, I absolutely agree with the Deputy. Indeed, I raised the same issue numerous times when I was in opposition. I was glad to see that Deputy McEntee when she was Minister for Justice used her own experience with mental health and established a high-level mental health task force. That was very much focused on people coming into the criminal justice system who had mental illnesses. Unfortunately, a lot of people with mental illnesses are ending up in the prison system and they need additional support.

The recommendations are being implemented. There is an implementation plan in place. We also had the opening of the new forensic mental health hospital in Portrane which I was glad to attend. State-of-the-art services are being provided out there, which is wonderful to see. I agree with Deputy Kenny that people who have mental illnesses need to be treated in such facilities and not in prisons.

We are all on the same page in respect of that. The issue raised with me is that the Prison Service is finding it very difficult to recruit and retain specialist psychiatric nurses, psychologists and other mental health professionals. The pension entitlements for everyone working in the Prison Service used to be calculated on a 30-year basis. Staff were entitled to their pension after 30 years which attracted people into the service because in most other public sector areas, they would have to wait until they had 40 years' service. That was changed during the economic crisis but it should be re-examined now. It would make the Prison Service a more attractive place to work for people with certain specialist skills. A prison is a very intense place to work and it can be difficult to deal with people who are in prison because they have committed some crime but who are really there because of the failure of other services in their past or in their early lives. Such failures led to them ending up in prison, in a traumatic situation, and they need to have their mental health issues dealt with appropriately.

I absolutely agree. There has not always been a recognition of that in the past but now there is an understanding that people need those kinds of supports. Often people end up in prison because of a lack of support services when they were younger. When I visited Cork Prison the high number of inmates with undiagnosed dyslexia was really notable. That led to people leaving school at an early age, getting involved in other activities and, unfortunately, committing crimes. Identifying those kinds of issues right across the prison system is hugely important.

I have visited almost every prison at this stage, with only a small number yet to visit. Such visits are very informative. It is very useful to meet the prison staff but also to meet the prisoners and the support staff out in the community. Fantastic work is done at Loughan House, for example, which I was delighted to visit it. Deputy Kenny and I are on the same page on these issues. There has been under-investment in the past and a lack of recognition of the need for these supports. However, that recognition is there now and I assure the Deputy that the I and my ministerial colleagues and our officials are very much focused on it.

Drug Dealing

Questions (10)

Brendan Smith

Question:

10. Deputy Brendan Smith asked the Minister for Justice the additional measures that will be implemented at an early date by his Department and agencies under its remit to tackle the scourge of illegal drugs throughout the country; and if he will make a statement on the matter. [7546/23]

View answer

Oral answers (8 contributions)

First, I compliment An Garda Síochána on the work being done locally and nationally to deal with the scourge of drugs. As we all know, drug addiction and drug abuse are very complex issues and we need a multifaceted approach that includes the health service as well as the criminal justice system.

I ask the Minister to outline any additional measures that will be implemented locally and nationally to deal with what is an epidemic at the present time, unfortunately.

I thank Deputy Smith for raising this matter. I have spoken to him about it in recent days and am acutely conscious of the devastating impact that illegal drugs and drug dealing have on communities across the country. I have discussed these concerns directly with the Garda Commissioner and his senior team working on this issue since my appointment as Minister. Tackling drug dealing and associated criminal activity, including by organised crime groups and by members of the public who, through their drug-taking fuel this illegal and very harmful trade, is a top priority for An Garda Síochána and the Government.

The Government is committed to taking a number of direct actions to support An Garda Síochána in tackling this, including increasing the maximum sentence for conspiracy to murder from ten years to life in prison to tackle those who direct gangland and drug-related crime and introducing new legislation, just published, which will criminalise the grooming of children into a life of crime. The aim is to tackle the attempts by criminal gangs to glamorise gangland activity and expose it for what it is. The Government is also supporting the roll out of Greentown, a pilot programme which seeks to break the link between the gangs and the children they try to recruit. In addition, the Government will continue to support An Garda Síochána through unprecedented levels of investment to keep our communities safe.

An Garda Síochána continues to target those involved in the sale and supply of illegal drugs through Operation Tara, which has a strong focus on tackling street-level dealing across the country. Operation Tara also focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved at every level. The Garda National Drugs and Organised Crime Bureau has had significant and sustained success in disrupting the supply of illicit drugs by organised crime groups and I congratulate and commend the bureau on this work. The bureau seized over €235 million worth of drugs in the period 2016 to 2021, and made several substantial seizures in recent weeks.

This month gardaí seized cocaine with an estimated street value of approximately €700,000 and arrested an individual in the Dublin 15 area following an intelligence-led operation. The Deputy may also be aware that gardaí in Monaghan seized €384,000 worth of cannabis in December. The Deputy may also wish to know that the Garda Commissioner has tasked an inspector in every Garda division with responding to the issue of drug-related intimidation. There are currently 30 nominated Garda inspectors appointed to act as liaison officers for the drug-related intimidation reporting programme covering all divisions.

I thank the Minister for his reply. I welcome the fact that additional sanctions and longer sentences will be imposed on these criminals who are peddling death and destruction in every community. The Minister indicated to me when we spoke on this issue that he would be bringing forward additional measures and legislation which I very much welcome. This issue should be addressed with the utmost urgency. It is really heartbreaking to listen to parents, siblings and family members who have lost loved ones through the use of drugs. They are victims of these people who are peddling drugs and causing untold hardship. I recently listened to a mother who lost her son and her husband and she outlined very clearly the role that drugs played in their deaths. It is absolutely appalling.

We need more awareness campaigns, and not just for teenagers or young adults. Based on what I hear, we need campaigns for every age group in the country. We are hearing of the prevalence of drugs in places we never thought they would be present.

The Deputy is entirely correct and I want to build on his last point. I am very concerned about the growing social acceptance of drug-taking in this country. Let me be clear, I am not talking about people with drug addiction and the pain and hurt associated with that. We need to support people in overcoming addiction. They need our help, not stigma, and they need a health-led approach but there is another type of drug use that we have to start talking about in this country. We have to call it out and talk about it clearly. I am talking about the increasing prevalence, and often visibility, of drug-taking as part of a night out in Ireland.

Any conversation we have about drug use cannot ignore this reality. There is a direct link between snorting a line or taking a pill and murder, assault, criminality and misery. Drug use on a Friday or Saturday night is funding and supporting violence, crime and murder the next week. Those using drugs are helping to line the pockets of criminals who are inflicting misery and pain in communities across our country. We need to get real about this. Drug use is not victimless, far from it. As I said, I am so proud of the work of the Garda in relation to this. I recently met senior gardaí to discuss this specific point. They made it clear that all night-time venues and social premises need to be very aware of the law and their responsibilities and that there are and will continue to be Garda operations to ensure the law is upheld right across this country.

I thank the Minister for his reply. I would love it if what he has said here was amplified to communities and individuals throughout our country. The message must go out that this is the approach of the Government and the Oireachtas.

There should be no tolerance for people who are peddling drugs and passing around a line etc., whatever social strata they come from. I listened to a sergeant in the Cavan-Monaghan drugs unit speaking at a public meeting recently, and he outlined the horrors inflicted on people through the use of drugs. He did an excellent presentation. We need to get that message out very clearly. I fully appreciate that we need to support people who unfortunately become addicted through different facets of their existence and of their lives. I have helped and supported many of those people through the Cavan-Monaghan drug awareness unit as well. We need to resource those particular organisations well. I have seen people come back from addiction and recover. Thankfully, today, they are in gainful employment, looking after themselves and rearing families, in many instances. We have to ensure that we do not lose sight of that either. At the same time, we cannot lose sight of the criminal gangs and the people I mentioned earlier, who are peddling death and destruction in every community in our country.

I fully agree. We must and will always support people overcoming addiction. I welcome the establishment of the Citizens' Assembly on drugs. As a former Minister for Health, I know the importance of a health-led approach to supporting those going through addiction and their families. That is not what we are talking about. What I am talking about is the so-called social use of drugs, as it were. I am referring to those who go out for a pint and accompany that pint with the taking of drugs. We have got to start calling this out. There is a direct link and correlation between that so-called social activity and lining the pockets of these criminal gangs. We cannot have a situation where people do one thing at the weekend and then start abhorring the criminality the next week. By supporting it, they are helping to fund it. Have met senior gardaí on this, I am very satisfied, from my conversations with them, that they are taking it extremely seriously. There is very clear law that applies to licensed premises and social venues in relation to these matters. There are Garda operations in this space and there will be more. I want this message to go out and be amplified, as the Deputy has suggested.

An Garda Síochána

Questions (11)

Paul Murphy

Question:

11. Deputy Paul Murphy asked the Minister for Justice when the Garda Síochána Ombudsman Commission, GSOC, will publish the investigation report into the killing of a person (details supplied) by gardaí over two years ago; and if he will make a statement on the matter. [7656/23]

View answer

Oral answers (7 contributions)

It is now over two years since George Nkencho, a young man, was shot dead by gardaí in Blanchardstown. That the Garda Síochána Ombudsman Commission report has still not been published two years later is incredible. The family has been driven into a situation of having to take civil action. The inquest has not been able to conclude as a result of the GSOC report not being published. I know the Minister will say it is a GSOC matter and not one for him. That is true, but there is a problem here if we cannot get a GSOC report about such an important matter within two years.

I thank Deputy Murphy for raising this important matter. I begin by extending my sincere sympathies and those of the Government to the family of the late George Nkencho on their very sad loss. While events of this nature are thankfully extraordinarily rare in this country, that is of no comfort to his grieving family. My thoughts are with them. The circumstances must be fully investigated.

As the Deputy will be aware, the fatal shooting is the subject of an investigation by GSOC, which is the independent statutory body established with full investigation powers. The Deputy will appreciate that I cannot comment on an ongoing investigation. However, I am advised by GSOC that it has deployed significant resources to this investigation. I am further advised that the investigation is at an advanced stage. I understand that a draft report, pursuant to section 101 of the Garda Síochána Act 2005, as amended, has been prepared, and is currently subject to internal and external peer review, as well as legal review. I understand that once the report is completed and a decision reached by the commission, GSOC will issue a statement on the matter. GSOC will also make its findings publicly available as and when any other statutory processes permit it to do so. GSOC has also informed me that it will continue to liaise with the family on developments and will ensure that the family, quite rightly and importantly, are given appropriate notice before any public statement is issued.

I understand how it works, but the Minister's answer is almost word-for-word the answer that was given to Deputy Kenny on 6 December last year, I believe. Things still have not moved. We, and the family in particular, keep asking about it. We are told the report is around the corner, but it still has not arrived. Does the Minister agree that there is clearly some sort of problem with resources and powers if a report cannot be concluded and published within two years, and all of the consequences that come with that in terms of the inquest and civil proceedings, where everything is simply on hold as a result of waiting for this? This is not the first instance of a potentially serious injustice. I refer to the cases of Shane O'Farrell and Terence Wheelock, and the slowness in getting reports completed.

I am very conscious that there is a grieving family in all of this. It is important that this matter is fully investigated by GSOC. I cannot comment on the ongoing investigation. It is important to note that this House decided that GSOC must be independent in the exercise of its function. I am advised, and I can only relay to the Deputy the latest information that I have, that the report is at an advanced stage, GSOC will make its findings publicly available as other statutory processes permit it to do so, and the family will be given appropriate notice before any such statement is made.

I am also aware that legal proceedings have been initiated. There are, therefore, some limits as to what I can say on the matter. Not to put words in his mouth, but I take the Deputy's point or indeed question in relation to whether it is effectively a resourcing issue or the like. I am assured that it is not. I have sought that assurance. I am assured that GSOC has the resources necessary to complete the investigation of this tragic incident. I am advised that it is at an advanced stage of the process. We have increased the GSOC budget over the last six years by 40%.

George cannot be brought back. His family understand that, but they want truth and justice and they want to try to make sure this cannot happen again. A proper independent inquiry is an important part of that. I hear the Minister when he says that this is not a matter of resources. In that case, what is the issue? What is so complicated about producing a report in two years? I just do not understand how it takes that long to speak to witnesses and investigate what happened, etc. There clearly is some sort of problem. GSOC is clearly not fit for purpose. I think what we need here, as in the cases of Shane O'Farrell and Terence Wheelock, is a full and independent inquiry. It is obvious that there is a very significant problem with GSOC carrying out an investigation and publishing a report in the timely manner that is necessary to provide justice for the family.

This incident happened in my constituency, not too far from my home, and I have asked consistently about the GSOC investigation. To be honest, I listened to the reply and it is pretty much identical to what we heard before Christmas, the Christmas before that and in the summer. It is pretty much identical to the previous statements. If an investigation was being carried out by An Garda Síochána and it took two years for someone to complete an investigation, we would be here saying that it was completely unacceptable. I would be puzzled and worried. As the Minister has said, GSOC is an independent organisation, but I have real worries and concerns about the length of time this is taking. That takes its toll on families. Obviously, that needs to be borne in mind. It also takes its toll on the people who are being investigated. The matter needs to be addressed quickly.

I thank the Deputies. I fully agree that this matter needs to be fully investigated. On that, there is no disagreement. I can only relay the answer as truthfully as I have been given it, which is that there is now a draft report that is out for internal and external peer review and legal review. I have been assured by GSOC that it is not a matter of resourcing. If it was, I would ensure that resources were not the issue.

In relation to the overall issues and different Deputies' views on oversight and governance structures, the new Policing, Security and Community Safety Bill 2023 will come before this House next week. It deals specifically with a governance and oversight framework for policing and accountability structures. I am sure the Deputies will have a chance to make their views known at that stage.

Both Deputies asked why a public inquiry cannot be established while the GSOC investigation is under way. First, GSOC is a statutory independent body. In my view, it constitutes in many ways a much more powerful and intrusive investigation than any form of statutory investigation. That is how it was designed by law. GSOC can actually make wider systemic recommendations on issues that it investigates. I will continue to keep in contact with the Deputies on the matter.

An Garda Síochána

Questions (12)

Christopher O'Sullivan

Question:

12. Deputy Christopher O'Sullivan asked the Minister for Justice the number of gardaí assigned to the Bandon, Bantry and Clonakilty districts. [7512/23]

View answer

Oral answers (6 contributions)

My question asks how many gardaí are assigned to the Bandon, Bantry and Clonakilty districts.

I thank the Deputy for raising the important issue of the number of gardaí assigned to Bandon, Bantry and Clonakilty districts. The Government is committed to building stronger and safer communities. Since 2015, the Government has increased the budget for An Garda Síochána by approximately €672 million or 46%. This has allowed for sustained and ongoing recruitment. We are committed to delivering the necessary resources to bring the number of Garda members to 15,000 and beyond.

In respect of individual Garda divisions, the Deputy will appreciate that the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. I am assured that the Commissioner keeps the allocation of these resources under continual review, in line with crime and population trends, to ensure their optimum use.

I am informed by the Garda authorities that as of the end of December 2022, a total of 100 Garda members were assigned to the Bandon district, 54 to Bantry and 63 to Clonakilty. There has been a 5% increase in the number of gardaí assigned to the west Cork division since 2015 and a 35% increase in the number of civilian Garda staff assigned to west Cork. The increase in Garda civilian staff has helped free up gardaí from back-office duties for front-line policing work.

Since the reopening of the Garda College in September 2014, a total of 4,029 Garda members have attested, including 369 probationers who attested in 2022 and 24 probationers who attested on 13 January this year. I am advised that 36 probationer gardaí have been allocated to Bandon, Bantry and Clonakilty since 2015.

I assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened, well-resourced Garda Síochána is central to this policy. As of the end of December 2022, there were 14,133 sworn Garda members across the country. This is a significant increase from 12,816 Garda members nationwide in 2015. These gardaí are supported by 3,126 Garda civilian staff, which represents an increase of more than 50% on the number assigned in 2015. This increases the availability of gardaí to concentrate on front-line policing duties.

I thank the Minister of State. I appreciate that the figures he shared include civilian gardaí. The figures I have been given in communication with senior gardaí in the west Cork area suggest that the numbers have fallen by 16. There were 307 gardaí in the area in 2017 and there are now only 291. A reduction of 16 gardaí is a lot in a region such as west Cork, which is peripheral and has a small population. It is a sparsely populated area. This is a worrying trend because it means that, while gardaí still prioritise responding to criminal activity, etc., the area that is suffering is their engagement with the community and the community work they, and all of us, feel is incredibly important. I would like to see the trend reversed so that we see an increase in the number of gardaí in west Cork.

I again thank the Deputy for his question. As I said, the Garda Commissioner is responsible for the allocation of resources to a given division, district or station. He keeps the allocation of resources under continual review. There has been an increase in the number of gardaí in the area about which the Deputy asked since December 2015 but there may have been variations within those time periods due to operational issues. As I said, the Garda Commissioner will continue to keep the level of deployment under continual review.

We are now undergoing a significant Garda recruitment process and expect 1,000 prospective gardaí to enter training in 2023. That will help to significantly increase the resources of the Garda Commissioner and his ability to deploy additional gardaí across the country.

I appreciate the Minister of State's response. It seems that we are struggling, both in west Cork and at a national level, to recruit and retain. The issue has been well covered and we must acknowledge it is the case. If I think back 20 years to when I was 19 or 20, becoming a garda was still an attractive profession and line of work to go into. That does not seem to be the case now. There seems to be a reluctance to join the Garda. I imagine that is the result of the conditions. We need to start talking up the profession a bit more. We need to start talking it up as an important role. Coverage on social media and the media more generally is certainly not helping. We have seen instances of aggression and assault, particularly in urban areas. Thankfully, I can attest to the fact that is not the case where I am from in west Cork but that is what young people are seeing and are exposed to. As a result, becoming a member of the Garda becomes less of an attractive prospect in terms of a career, going forward. We need to start to knock that on the head.

I assure the Deputy there was massive interest in joining the Garda during the last recruitment campaign. There were more than 11,000 initial responses and we have had no difficulty in finding people who want to become members of the Garda. There is no issue in respect of the attractiveness of the Garda or people seeking to become gardaí. That is reflective of the high esteem in which the Garda is held in this country. There was a challenge in respect of training the applicants who came forward due to the pandemic. We are now past that situation and are accelerating the training of the prospective gardaí we have recruited. It is expected that 1,000 prospective gardaí will enter training this year. We will be starting a new recruitment campaign this year and I expect a similarly positive response. The clear message is that during the most recent recruitment campaign, there was positive and significant interest in joining the Garda. There is no difficulty in that respect.

Question No. 13 taken with Written Answers.

Public Inquiries

Questions (14)

Matt Carthy

Question:

14. Deputy Matt Carthy asked the Minister for Justice if he has concluded his deliberations in relation to the report into the death of a person (details supplied) and if he will publish this report. [6869/23]

View answer

Oral answers (9 contributions)

In an earlier response to Deputy Gino Kenny, the Minister said that the appointment by the then Government of former Judge Haughton was in direct response to votes that were taken in this House and the Upper House. I must contradict that. Those votes explicitly called for a public inquiry into the circumstances that led to the death of Shane O'Farrell and the actions of State agencies thereafter. How close are we to the establishment of a public inquiry, five years after those votes?

I thank the Deputy for raising this matter, which he rightly raises on a regular basis. What I said, and now repeat, is that the Government made a decision to proceed with the scoping inquiry as a response to the views of the Oireachtas. That was a decision made by the then Government. I know everybody in this House will join me in sending our condolences to the O'Farrell family on the tragic loss of Shane.

As the Deputy is aware, retired Judge Gerard Haughton was appointed by the then Minister for Justice in 2019 to carry out the scoping inquiry. He submitted his final report on this tragic case to the then Minister for Justice, Deputy McEntee, on 1 June 2022. Judge Haughton's final report requires careful consideration and since its receipt, the advice of the Attorney General was sought and has been received in respect of the publication of the report and other matters arising. The purpose of the scoping exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.

My colleague, the then Minister for Justice, Deputy McEntee, wrote to each Department and agency responsible for issues giving rise to recommendations in the report and on 27 July, she rightly provided the O’Farrell family with a copy of the report on a strictly confidential basis. I also understand, as the Deputy knows, that the Minister, Deputy McEntee, together with the then Taoiseach, met members of the O’Farrell family late last year regarding the content and publication of the report. I am currently giving final consideration to this important report before deciding how best to proceed. I will then advise Cabinet, in advance of which, I will, of course, advise the family.

The reason I say the decision of the Government to initiate a scoping exercise was in contravention of the wishes of the Dáil is because the Dáil made it clear that there is a need for a public inquiry and yet the Government decided to extend this process even further.

The person who was responsible for the death of Shane O'Farrell is a man named Zigimantas Gridziuska. Nobody is disputing that he has primary responsibility for Mr. O'Farrell's death. Mr. Gridziuska should have been in jail at the time. When Mr. O'Farrell was killed, Mr. Gridziuska had committed 30 offences while on bail. He had ignored court orders and conditions from both District and Circuit Courts again and again. He was subject to several arrests and a number of bail conditions that were supposed to be upheld but none of them was. These are serious questions.

Of course, the primary people asking those questions are Shane O'Farrell's family because they want the truth about how this man was at large and able to kill their son when he should have been in jail. There are also public interest questions. The wider public deserve answers to these questions as well.

I am not sure of the Dáil rules regarding what can be said on matters like this.

Certain facts are out there.

I will just be careful in my role. With regard to the factual position, Judge Haughton was asked to carry out a scoping exercise. The terms of reference of that exercise were settled in July 2019. The judge's remit was to advise the then Minister for Justice and now myself as to whether there were any circumstances surrounding the death of Shane O'Farrell that warrant further investigation or inquiry beyond what has already been carried out; whether any inquiry is necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Shane O'Farrell's death; and the form of any such investigation or inquiry, its terms of reference and suggested composition. While the O'Farrell family received a copy of the report and met the then Taoiseach and then Minister in that regard, the report has not yet been published. I am now making a decision as to how best to proceed, reflecting the views expressed in the meetings that have taken place, the Attorney General's advice and the content of the report. I will advise the Cabinet on this very shortly, having advised the family in advance. Once we arrive at a point where people can consider the report, they will be able to consider its contents.

Under the European Convention on Human Rights, the State is obliged to ensure an effective investigation into the wider circumstances surrounding the death of a citizen. In Mr. O'Farrell's case, that has not happened. There has never been a proper inquiry that is thorough, comprehensive and transparent. This House has determined that the only way that can be done is through a public inquiry. Some 11 months before this man killed Mr. O'Farrell, he was before a Circuit Court judge. In continuing the bail, this judge specified that if this person were to reoffend in any instance, he was to be brought back before that court. This person committed 11 further offences, including an offence that was committed a half hour or thereabouts before Mr. O'Farrell was killed, when this individual was stopped by gardaí. The questions involved in this are profound and will have serious repercussions for An Garda Síochána, the Courts Service, the Director of Public Prosecutions and, perhaps, other State agencies. However, as a State, we have to get answers to those questions. We have to expose where wrongdoing has occurred to ensure that no other family goes through what the O'Farrell family has been going through over the last 12 years.

I listened to the Minister's reply. It truly goes to the heart of this matter. Most of us will probably have met Lucia O'Farrell at some point over the last number of years. She has been a dedicated warrior to get justice for her son. The problem we have in this State is that, when a mistake is made, the initial reaction of many State agencies is to cover it up and then to cover up the cover-up. That has been the experience of a great many people. In this particular case, there is an opportunity to do the right thing. Deputy Carthy asked the Taoiseach a question on this yesterday and the Taoiseach said that the Minister for Justice was determined and anxious to publish the scoping inquiry. The Minister's hands are not tied. He should publish it and get on with this business because this family can no longer be left in the agony they have been experiencing for years and years. It is about time to do the right thing.

I cannot imagine the grief or pain of the O'Farrell family on the loss of their son. I again express my condolences and those of the Government to that family. I know the Deputy is not impugning anyone's integrity but we did ask a retired judge, a person of integrity, to do as the Deputy has suggested, that is, to examine all of the circumstances and to advise me as to whether there are other areas that warrant further investigation or inquiry. I have that report and have sought legal advice on it. The O'Farrell family was rightly provided with a copy of the report and had an opportunity to talk it through with the then Taoiseach, Deputy Micheál Martin, and the then Minister for Justice, Deputy McEntee. My understanding is that, at that meeting, both the content and publication of the report were discussed. I am now reflecting on those matters and on the legal advice I have received. I expect to be in a position to go to the Government on this matter very shortly. As is right and proper, I will advise the O'Farrell family in advance of doing so.

Legal Aid

Questions (15)

Ruairí Ó Murchú

Question:

15. Deputy Ruairí Ó Murchú asked the Minister for Justice if he will provide an update on the work of the legal aid review group; if he will confirm that income limits for those seeking civil legal aid are under review; when he expects the review to be concluded; and if he will make a statement on the matter. [6873/23]

View answer

Oral answers (7 contributions)

Will the Minister of State provide an update on the work of the legal aid review group and confirm that the income limits for those seeking civil legal aid are under review? What is the timeline for dealing with all of this? I have dealt with people who have found it very difficult to avail of legal aid where actions were being taken against them that could have had an impact on their family home, these actions sometimes being taken by people in receipt of legal aid. This is something that needs to be dealt with.

I thank Deputy Ó Murchú for raising this very important question on the review of income limits for those seeking legal aid. In its 40 years of operation, the civil legal aid scheme has been a significant and beneficial public service, providing legal aid and advice to people of limited means in civil disputes, including family law.  However, since the scheme was set up, Irish society has changed and the demands on the service have grown. In order to provide maximum benefit to those it was established to serve within the finite resources available to fund legal aid, a robust and comprehensive review of the scheme is under way.  This review will include consideration of eligibility limits.

A review group has been established by my Department, chaired by the former Chief Justice, Frank Clarke, with expert membership drawn from those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which administers the statutory scheme.  The group's report is expected by the end of this year.

A comprehensive process of consultation is under way to ensure that a wide range of views and insights regarding the operation of the scheme and how best to support those of limited means with legal needs will inform the work of the review group. A call for submissions, launched last November, is the first element of the consultation and will remain open until 28 February 2023.  The group has also launched a public survey to capture the views of those who have experience of the civil legal aid scheme or who have applied for it. The public survey is available online and also remains open until 28 February 2023. The third strand of consultation, which is focused on groups that are hard to reach, has recently commenced.

Great credit is due to the Legal Aid Board and to all the staff and legal practitioners involved in providing the legal aid scheme since its inception. The review that is under way will ensure its future development is positioned to meet the needs of our modern Irish society. 

This review is absolutely necessary. It is vital that as many people as possible, particularly stakeholders involved in the area, make submissions. I am aware of some of the fine work done via legal aid. The income thresholds are a particular difficulty. The Minister of State has stated that circumstances have changed significantly over the years. The thresholds allow for €18,000 in disposable income per annum and €100,000 in disposable assets. Further allowances can be made against these limits but the difficulty is that, in light of the cost-of-living crisis and high mortgage repayments, they do not necessarily cut the mustard. People are in very great difficulty. I have a particular case in mind wherein someone was facing an action that would possibly have had an impact on the family home. This action was being taken by someone in receipt of legal aid but the person facing it might not have qualified. I hope that issue has been dealt with but there are difficulties.

The financial eligibility threshold for income was last revised in 2006 while the threshold for capital assets was revised in 2013. Society has obviously changed significantly since 2006. The cost of living had changed significantly even before the recent period of increased inflation. The review is very timely. It will focus on the eligibility factors but also on what is covered by legal aid. It is really important that people in our civil society make contributions while those surveys are open, as the Deputy has called for, so that the review can be comprehensive and can take into account all relevant and important factors, especially for people who are marginalised, who are often in very difficult and traumatic situations.

We all welcome the fact that the review is happening. The minute it is dealt with, we need a report, analysis and action to be taken as quickly as possible, particularly action to deal with the issue of thresholds.

I thank the Deputy for his brevity.

I again thank the Deputy. When the report of the very comprehensive review is published, I expect an implementation plan to be put in place. That is the record of the Minister, Deputy McEntee, and the Minister, Deputy Harris, is following suit. When we have these reviews, an implementation policy and timelines are put in place so that it is not simply a report but that action is taken in a timely manner.

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