Limerick East): I am glad to have the opportunity to address the House during this Adjournment Debate and to outline the most important developments in my area of responsibility over the past 12 months and to say a few words about prospects for 1984. The Government accept — indeed as a matter of priority — that the preservation of law and order is vital for progress on all fronts and are fully determined to take whatever measures are necessary to ensure that the highest possible level of law and order is maintained.
Despite the restrictions in recruitment and the filling of vacancies in the public sector generally I was able to continue recruitment to the Garda Síochána during 1983 and to increase the strength of the force, which has now reached its highest ever level at 11,240. It is proposed to increase this strength to 11,400 in the coming weeks and to continue recruitment throughout 1984 in order to maintain this strength. Nearly 700 gardaí have completed their training this year and special emphasis is being placed on the deployment of the additional manpower to provide an increased Garda presence on the streets of our cities and towns. It is my policy, and one with which the Commissioner of the Garda Síochána agrees, to have as many uniformed members of the force as possible available for foot patrolling, which is one of the primary aids to crime prevention. The increased numbers in the force and the operation of a revised rostering system, which provides for a concentration of manpower on duty at the times when the need for Garda services is greatest, have contributed to the improved Garda presence generally and the deployment of the force is being kept under review by the Commissioner with a view to effecting further improvements in the level of patrolling.
There was one development during the year which, I am confident, will prove to have a profound influence on the future morale, well-being and management of the force. I refer to the introduction of a new scheme to govern the procedures for selection for promotion, which will apply to all ranks. The scheme has been accepted by the Garda Conciliation Council and this being so, it has the full backing of the Garda Commissioner and of all the Garda representation bodies or staff associations. I have been only too glad to accept the new scheme and to give it my full support. The scheme is designed to select for promotion, to any position, the candidate who is best qualified and most suitable, and to do this by procedures that are fair and seen to be fair. The scheme provides means by which the talents of all competitors can be fairly assessed and I am confident that it can be operated so as to produce, in the different ranks, a prudent and necessary mix of youth and experience.
A feature of the new scheme is that its operation will be monitored by a Promotions Council which will include persons from outside the force, in addition to representatives of the Garda Commissioner and of the different ranks of the force. It is intended to set up this council in the very near future. This is a development that will be very helpful to the Garda. When promotions are seen to be fair and being operated on a fair basis, the effects on the force will be major.
A very serious aspect of the crime situation has been the increase in drug abuse. As Deputies are aware, a special Governmental Task Force on Drug Abuse under the chairmanship of the then Minister of State at the Department of Health was established earlier this year to review the situation. The Government gave detailed consideration to the various recommendations of the task force and the recommendations which it was decided to implement without delay were announced some time ago by the Minister for Health. The implementation of these recommendations will, I believe, represent a major step forward in tackling this growing problem.
The Garda for their part are taking a number of measures to increase their effectiveness in dealing with criminal aspects of drug abuse. Permanent units of the Garda Drug Squad have been operating in Dublin, Cork and Limerick for a number of years and the question of allocating additional ban-ghardaí to the Dublin unit is under consideration at present, arising from the report of the Governmental Task Force on Drug Abuse. In addition, there is an intensive training programme operating within the force to ensure that each Garda Division will have a substantial number of members trained in anti-drugs work. Since the beginning of this year alone, 383 gardaí of all ranks have received this special training, bringing the total number trained, to date, to over 1,100.
The various measures being taken by the Garda are, I am happy to say, producing encouraging results by way of increased detections and significant seizures of illicit drugs, particularly in recent months. The Garda have had some notable successes in securing convictions in the courts of some of the well-known drug-pushers or so-called "Godfathers".
Considerable progress has been made during the past year on the new Garda radio communication network. The bulk of the equipment required for the network in the 18 Garda Divisions outside of the Dublin Metropolitan Area has been delivered and much of it has been installed. Some essential components have not yet been delivered but delivery of these early in the new year should enable the network to be operational in all these 18 divisions by March or April 1984.
The next phase of the network to be provided is the Dublin Metropolitan Area system. It is hoped that installation of the system will be at least well advanced by the end of 1984. I should mention that sufficient provision has been made in the 1984 Estimates to enable work on this project to proceed as planned.
I should mention, too, that the extensive industrial site and buildings of the Talbot Motor Co. at Santry, County Dublin have just been procured for use by the Garda Síochána. This will solve longstanding accommodation problems in the Garda Depot as it will enable the garage for the maintenance of the force's car and motor-cycle fleets, the Barrack Master's stores and a number of other services to be transferred to Santry. The new premises will also house Santry Garda Station and will avoid the necessity to build a new station on the existing station site which is inadequate in size to meet requirements.
The Garda Commissioner has regularly impressed on each member of the force the importance of good community relations and of crime prevention. One of his first actions on his appointment as Commissioner was to appoint a chief superintendent and superintendent to the Community Relations Section at Garda Headquarters. The expansion of the community relations and crime prevention programme is aimed at developing the support of the community and offers a great potential for effective action against crime and vandalism. Fighting crime by means of prosecution, conviction and imprisonment is only a partial solution. I believe that nowadays we must look to prevention as the preferred approach.
The outline I have given of the steps being taken to tackle the crime problem illustrates the Government's determination to crack down on the criminal and thus preserve the peace and order that the vast majority of our people desire.
I now turn to the courts area. There has been a very welcome improvement in the general situation in this area. As far as the more or less chronic problem of delay in the hearing of civil actions in the High Court, particularly jury actions, is concerned, I am pleased to say that the statistics for the 1983 legal year — year ended 31 July — which have recently come to hand, show significant improvements in the state of High Court business. The main features are:
(a) an increase of 33 per cent in the number of jury actions disposed of during the year,
(b) an increase of 61 per cent in the number of non-jury actions disposed of and
(c) a reduction from 22 months to 20 months in the average delay from the date of setting down to the date of hearing in the case of jury actions and from 15 months to 13 months in the case of non-jury actions.
What is possibly more encouraging is the fact that the most recent statistics suggest that this improvement should continue into the future. The statistics for 1983 show very big falls in the numbers of summonses issued as compared with the previous year. This reduction in business results from the increases in May 1982 in the jurisdictions of the District and Circuit Courts as provided in the Courts Act, 1981 and in the short-term represents a big reduction in the business of the High Court which should put it in a position to make substantial inroads into its back-log of cases.
Of the various provincial venues at which the High Court sits to hear jury actions, Cork is the only venue at which delay on a par with Dublin existed up to the present. The President of the High Court has arranged to increase the number of sittings at Cork by 50 per cent in the current legal year in order to reduce delays at this venue. Additionally, the drop in business coming before the High Court generally should result in a drop in the number of jury trials being set down at Cork.
I mentioned the transfer of business from the High Court to the lower courts as a result of recent legislation and, naturally, there is a corresponding need to ensure that we are not merely shifting the problem to the Circuit and District Courts. I have already taken steps to ensure that these courts will be able to deal satisfactorily with their new jurisdiction and I will keep a close eye on developments in the future to ensure that delays will be kept to the very minimum.
While on the subject of the lower courts, I might mention that the industrial dispute involving the staff of the Circuit and District Courts which was in progress when I came to office was satisfactorily settled last spring thus enabling the major jurisdictional changes provided in the Courts Act, 1981 to become effective. There are still arrears of business, which accumulated during the dispute, to be worked off but considerable progress is being made.
A computer has been acquired to help the Metropolitan District Court staff to cope with increasing work volumes and is already printing, issuing and processing most of the summonses for Dublin city. This facility will be gradually extended and will, increasingly, bring about speedier and more effective enforcement of the law in the Dublin District Court area.
Part of the reason for the delays in the High Court in Dublin has been the shortage of accommodation — particularly in the period in which Court No. 4 was out of commission following the arson attack in 1982. In addition to the return of Court No. 4, steps are being taken to provide two new courts in the Four Courts complex. Apart from that, work is expected to commence shortly on the construction of an office block on the site of the former Four Courts Hotel. When completed this will allow for the provision of additional courtrooms and ancillary facilities in the Four Courts building itself.
In all the circumstances I think it is appropriate to pay a public tribute to the judges of all the courts who, I know, have made special efforts to bring about these improvements and to the courts' staffs concerned.
During 1983 the very high level of prison committals continued. Those committed included very serious criminals and organisers of crime. The daily average number of offenders in custody increased from 1,250 to almost 1,600 at present. The increase in committals put extreme pressure on available space. Shortage of accommodation is not, of course, a new phenomenon. It has been a consistent problem since 1979. Two hundred new spaces became available during the year in Mountjoy and Cork prisons and in Loughan House.
It has been necessary to release a considerable number of offenders without any form of supervision during the year prior to their normal release dates. Those released were short term offenders or offenders serving longer sentences who were considered not to be a danger to the community. I am satisfied that those released were very carefully selected and I gather that only a small percentage were re-committed prior to termination of their sentences. Since September there has been a marked decline in the numbers released without supervision.
The provision of additional accommodation in existing institutions or through acquiring ready-made accommodation that may come on the market is a major priority. I want to reassure the House that I will continue to try to achieve the ideal situation, where those who are a serious risk in the community will remain in prison for the duration of the sentences imposed by the courts while always recognising that a proportion of offenders can be helped while in prison and can be released subject to certain conditions which will assist them to stay crime free and become useful members of society.
Last May the remaining civilian prisoners in the Curragh Military Detention Barracks were transferred to the separation unit in Mountjoy Prison. The ending of military detention for civilian prisoners was a significant development and I am glad to be able to say that the arrangements for the housing of potentially very disruptive prisoners in Mountjoy have worked smoothly since last May.
On the general subject of prisons, I would like to say that over the last few months the custodial aspect of imprisonment has received undue attention at the expense of considerable developments on the positive side in the prisons. One of the aims of imprisonment must be to help offenders become more aware of their responsibilities to themselves, their families and the community. With this end in mind, the education, library, work-training, psychological and welfare services in the prisons have been developed considerably and further improvements are being pressed ahead. I would like here to acknowledge the contributions of the various vocational education committees who provide staff and assistance for education in prisons, the various local libraries and AnCO who have provided much technical advice and assistance in the development of work-training programmes for offenders over the years.
During the year I made serious efforts to control overtime in the Prison Service. I consider that my efforts were rewarded in that for the first time in a long time expenditure on overtime has been reduced — albeit by a small margin. I expect that expenditure on prison officers' overtime for 1983 will be somewhat less than the £7.4 million for 1982. £6.5 million has been provided in the 1984 estimates for prison officers' overtime. I am determined that this amount will not be exceeded. To do otherwise would be to fail to do justice to other groups who have faced and will face much harsher cutbacks.
I am glad to be able to say that I expect that 1984 will represent a new beginning as far as industrial relations in the Prison Service is concerned. This follows an agreement which I made with the Prison Officers Association in November which, among other things, provides for a period of industrial peace pending the outcome of deliberations of a Committee of Inquiry.
During 1983 the capital programme for prisons and places of detention progressed significantly. Work on the site at Wheatfield, Clondalkin, County Dublin, which has been in progress since September 1980, continued without interruption. The enclosure of this site of approximately 30 acres, the draining of the site, the provision of servicing and lighting is nearly completed. The buildings to house the heating, central electrical, maintenance and storage services are also nearly completed. It is intended to locate two separate places of custody on this site and tenders for one of these, which will provide custody for over 300 male juveniles aged 17 to 21, have been issued and are due for return in January, 1984. Design of the second place of custody is well advanced and will be completed next year.
At Mountjoy Prison a new building to accommodate admissions, discharges and visiting was completed during the year. This building also provides facilities for professional visits to offenders and for more controlled visits to drug abusers. A new outdoor exercise area, well laid out for games, was also completed. Work on the perimeter wall of the prison is also in progress. Design of new buildings for staff facilities, administration, catering, education, work and recreation is far advanced. At the Training Unit, Glengarriff Parade, Dublin, construction of an extension to provide additional work-training places is nearing completion.
At Arbour Hill Prison a new building to house education, work-training and braille production is virtually completed and should be ready for occupation very shortly. At Cork Prison the north wing of the custodial block was commissioned last summer and new buildings for education, work-training and maintenance were also completed. Design of a new place of detention for about 200 male juveniles on a site adjoining the existing prison is far advanced. At Shelton Abbey a new workshop has been completed and new farm buildings are under construction and at Loughan House the gymnasium has been completed.
At Portlaoise Prison major roof repair is far advanced. A new staff residence for unmarried personnel and new housing for married personnel to replace existing housing gone beyond economic repair are almost complete. Design of a new security prison, which will be sited near the existing prison, is far advanced and site preparation for this has been carried out. At Limerick Prison new buildings for staff accommodation, storage and services installations have been provided and new buildings to house education, work and recreational facilities for prisoners are under construction. Work on renewal of heating and lighting systems and updated catering facilities is also in progress.
The Government, notwithstanding present economic difficulties, have allocated £11,498,000 to the capital programme for prisons in 1984. This will enable building to proceed on the place of detention for male juveniles at Wheatfield and design of other planned places of custody to be brought to completion or virtual completion. It will also enable the work in Mountjoy and Limerick Prisons to which I have referred to continue, buildings to house work for prisoners to be erected at Mountjoy and Loughan House, updated staff facilities to be provided for staff in Mountjoy and Portlaoise and the new Central Stores Depot at Santry, County Dublin, to be fitted out and brought into operation.
Since I came into office I have taken a particular interest in the work of the Probation and Welfare Service. This service operates on a country-wide basis and provides a probation service to the courts and a welfare service to the prisons and places of detention and some special schools. One of its most important responsibilities is the supervision of about 2,200 offenders who have been placed on probation by the courts.
I see the development of the Probation and Welfare Service as being very important especially in relation to the development of alternatives to imprisonment. In July of this year the Criminal Justice (Community Service) Act was passed by the Houses of the Oireachtas. The legislation will be implemented next year as soon as necessary preparations have taken place. There is money provided in the Estimates to staff that particular project. As soon as recruitment commences it should be possible to implement it by early or mid-Summer.
It is my firm policy to encourage the use of probation by the courts as much as possible and towards this end I have submitted detailed proposals to the Department of the Public Service for an expansion of the service. The development of probation as an alternative to imprisonment is essential for I believe that, if there is an adequate probation system in which effective supervision can be exercised over the offender, the State on the one hand is spared the expense of imprisonment and on the other hand there is a real chance that the offender can be diverted from graduating to more serious crimes.
Besides providing more probation staff, another way of developing the probation system is through the establishment in the community of hostels, day-centres and workshops to which offenders on probation can be referred. I am glad to say that the Estimates for 1984 provide for an increase of 12 per cent in expenditure in this area as it is one which I am particularly anxious to develop. I would like to take this opportunity of thanking all the local committees involved in this type of work and to say that I will give all the help I can to any responsible group who wishes to establish a hostel or workshop where the need for one has been established.
Despite the present economic difficulties it has been possible to maintain expenditure on civil legal aid at slightly above the 1983 provision. However, I do not expect that the 1984 provision of £1,340,000 will enable the Legal Aid Board to expand their services next year in any significant way. Indeed, I am aware that the current staffing embargo in the public service is having a serious effect on the level of service which the board are able to provide to the public at present, and I am concerned about this matter.
The provision for criminal legal aid in 1984 shows no increase on last year's amount. I mentioned in the Dáil in July, in the course of answering a parliamentary question, that I was having the scheme examined to see what changes may be needed in the present arrangements for providing criminal legal aid, including changes needed to eliminate possible abuses of the scheme. That examination is proceeding.
Deputies will be aware that the Minister for Justice has a special position in relation to the law and its reform since I have responsibility for a fairly wide area of the law. I would like now to mention some important legislative proposals that I have brought before the House during the past year. A long overdue reform of criminal law and procedure was initiated with the publication of the Criminal Justice Bill. I am confident that the enactment of the Bill, together with the other measures we are taking, will have a significant impact on the level of serious crime.
One of the safeguards proposed in the Bill is the electronic recording of the questioning of persons detained in a Garda station. To ensure that this proposal is implemented as quickly as possible I have appointed a special committee to advise on the practical steps necessary to establish such a system. The committee are at present studying the progress that has been made in this field in other jurisdictions.
In conjunction with the Bill, proposals are being worked out as a matter of urgency for the establishment of a procedure for the independent assessment of the handling of complaints against the Garda. These proposals will, in accordance with my undertaking, be submitted to the House before the Bill becomes law.
Other legislative measures include the Bankruptcy Bill, which passed its Second Stage and is now being referred to the Joint Committee on Legislation. This is a complex measure aimed at modernising and consolidating existing bankruptcy law and procedure. Another measure authorised the granting of a special liquor licence to the National Concert Hall.
Apart from the Bills that were published, a great deal of work has been done on a wide variety of legislative proposals. Because of their nature — most of them affect personal rights in one way or another as between citizen and citizen — their formulation tends to be extremely complex and to require a high degree of precision. That usually involves having a large number of drafts before a satisfactory text can be produced.
In the past year there have been some important decisions in the field of family law. As Deputies will recall, the Government have decided in principle to introduce legislation to give each spouse equal rights of ownership in the family home. The form the legislation will take is that co-ownership will be presumed in all cases but provision will be made for setting aside the presumption where the application of a rigid rule would cause injustice.
Consideration is also being given to the extent, if any, to which married couples would have a right by agreement to opt out of the provision and to make their own arrangements about ownership. This legislation, in course of preparation at the moment, will be a very important extension of the protection given to spouses by the Family Home Protection Act, 1976, which, while it gave the nonowner spouse the right to veto the sale or mortgaging of the home, unless overruled by the Court, did not give that spouse any share in the ownership of the home. The Government decision is based on the view of marriage as a partnership in which each spouse has a vital role in promoting the wellbeing of the family unit.
As the Minister of State at my Department, Deputy Nuala Fennell, announced in October last, the Government have decided, following the Law Reform Commission's report on illegitimacy, to introduce legislation to reform the law in this area at the earliest possible date. Legal reforms will be concentrated on the elimination of discrimination against children born outside marriage and will also deal with the circumstances in which rights in relation to his child will be given to the unmarried father.
The Government have recently authorised the drafting of legislation which will implement the proposals made by the Law Reform Commission that the age of majority should be reduced from 21 to 18 years.
In the area of landlord and tenant law, legislation that was promoted and enacted some months ago has extended for a period of 12 months, that is to 31 July next, the special ground rent purchase scheme that is administered by the Land Registry. Purchases under the scheme have now passed the 42,000 mark. In this area of the law also I may mention the Landlord and Tenant (Amendment) Bill, 1983, which is now on the Order Paper and which is designed to remove difficulties that have in some cases been impending ground rent tenants in buying out their properties or in obtaining a renewed ground rent lease.
It is proposed also to abolish the distinction between felonies and misdemeanours and other obsolete provisions in the criminal law area, as well as to amend the liquor licensing code and the law relating to civil liability for damage caused by animals.
A major technological development in the Land Registry is the implementation of a programme of computerisation of its folios which commenced in December 1982. A Land Registry folio contains all relevant particulars of land and its ownership. The whole system in the registry depends on speedy availability of folios both for members of the public calling to inspect them and members of the staff working on applications relating to them; computerisation is ideal for this purpose. While the full programme will not be completed for several years the benefits from it are increasing daily according as implementation proceeds. It is interesting that our Land Registry is in advance of neighbouring registries in Northern Ireland and England in this important and arguably most significant area of modern technology. I hope that it will be possible during 1984 to arrange to have studies commenced on the feasibility of computerising Land Registry maps and Registry of Deeds records.
A proportionally small but complex aspect of Land Registry work which is a source of delay is that of establishment of title by possession. A helpful development during the year has been the holding of seminars for solicitors which have been attended by Land Registry officials with the aim of minimising the causes of delay.
I turn now to the financial provisions for 1984. In the 1984 Estimates for my area as a whole the total provision for 1984 for the Department's group of Votes is £296,389,000. This is £20,294,000 or 7.35 per cent more than estimated expenditure for 1983.
The following is the net change as between the estimated expenditure for 1983 and the provision in the 1984 Estimates for each of the Votes for which I am responsible: Office of the Minister, down £9,000; Garda, up £15,837,000 or 8 per cent; Prisons, up £3,301,000 or 8 per cent; Courts, up £841,000 or 11 per cent; Land Registry and Registry of Deeds, up £319,000 or 6 per cent; Charities Office, up £5,400 or 5 per cent.
The provision for salaries, wages and allowances, including overtime, in all Votes is £218,917,000 which is £22,455,000 or 11 per cent more than estimated expenditure for 1983. The amount for the Garda Vote is £170,652,000 or £19,182,000 or 13 per cent more than estimated expenditure in 1983. The provision for overtime in the Garda Vote for 1984 is £11.1 million compared with an estimated expenditure for 1983 of £10.7 million. The amount for the Prisons Vote is £27,246,000 or £945,000, 4 per cent, more than estimated expenditure in 1983. The provision for overtime in the Prisons Vote for 1984 is £6.5 million compared with estimated expenditure in 1983 of £7.4 million.
The following gross non-pay figures exclude appropriations-in-aid receipts.
The gross non-pay provision in the Garda Vote for 1984 is £53.351 million or £2.921 million — 5.2 per cent — less than estimated expenditure in 1983. This reduction is largely due to the fact that non-pay expenditure in 1983 is inflated by the advance purchase in December 1983 of radio equipment and fleet cars to the value of about £4 million, purchases which would otherwise have been made in 1984, and a consequent reduction in the estimate for 1984 for radio equipment and fleet cars.
The gross non-pay provision, including capital, in the Prisons Vote for 1984 is £19.480 million or £2.466 million, 14 per cent, more than estimated expenditure in 1983.
There are two Voted Capital items in the 1984 Estimates, both on the Prisons Vote, that is prisons building and probation centres. The 1984 provision for prisons building is up £1.5 million or 15 per cent on estimated expenditure for 1983 and the increase for probation centres is £190,000 or 118 per cent.