Dáil Éireann debate -
Thursday, 20 Oct 2005

Vol. 608 No. 2

Adjournment Debate.

Extradition Application.

Mr. Quinn

I wish to share time with Deputies Carey and Gormley. The fact that they are from different parties is an indication of the cross-party concern at what amounts to the snatching of an Irish citizen outside this jurisdiction by the United States. I refer to the arrest on 7 October of Seán Garland on a visit to Belfast, his remand under trial the following morning on foot of a warrant executed to the US Embassy in London, where the authorities purport to extradite him back to the US to face charges which have not been presented directly to him.

I do not dispute the legality of the charges or the right of any federal administration in any part of the world to pursue charges if they so choose. My concern is that — I am delighted that the Minister for Justice, Equality and Law Reform is here — if the US Government wanted to serve a notice of extradition and charges to Seán Garland, it could have just as easily done so through Irish courts in this jurisdiction. The fact that there is distorted legislation which gives unfair advantage to the US over citizens' rights in the UK, in my view and in the view of many people, including a list of trade unionists who wrote to The Irish Times two days ago, puts a very different interpretation on all of this.

Mr. McDowell

The trade unionists should take a look at the background facts.

Mr. Quinn

The presumption of innocence, as the Minister rushes out of the House, belies his partisanship in this matter. What is at issue is the right of an Irish citizen to enjoy the protections of the Constitution of this State. It is my view and the view of many others who have listened to the case that, irrespective of the merits of the case, the rights of the citizen in question have been denied. I ask the Minister of State now present to convey the concern to the US ambassador and the US authorities.

Mr. Carey

I join with Deputy Quinn and Deputy Gormley in supporting this motion. The facts, as they have been outlined, are clear. The fact it has taken five months for this warrant to be enforced and, furthermore, that it was enforced in Belfast raises important questions. The fact that a president of an Irish political party was arrested in this manner on the first night of a party conference raises questions of human rights. Human rights, such as the protection of freedom of debate, freedom of movement, etc. are enshrined in our Constitution. I do not understand why this action was undertaken in this manner.

Deputy Quinn commented on the need to engage with the authorities in the United States. I have just come from a short meeting with the Minister for Foreign Affairs and representatives of the Workers' Party, where we impressed upon the Minister the need to address these issues through appropriate avenues with the United States authorities. I do not wish to speak further except to state that I strongly support the case which has been well articulated by Deputy Quinn.

Mr. Gormley

There has been much hype about this case. A "Panorama" television programme has been broadcast and I understand that a "Spotlight" television programme has been shown five times. It features a figure looking remarkably like Mr. Garland walking through the streets of Moscow, apparently up to no good. If we were to believe these reports and other newspaper reports, Mr. Garland stands accused of attempting to undermine the currency of the United States.

I am disturbed by the comment murmured under his breath by the Minister for Justice, Equality and Law Reform as he departed the Chamber. We need more than that because if such a serious figure was involved in such high level criminality, the Garda Síochána would know all about it, as would the Independent Monitoring Commission which published its report yesterday. Despite this, as far as I understand it, the Workers' Party has received a clean bill of health. I have not heard about the Official IRA for many years and yet this man stands accused.

As Deputy Quinn noted, the reason he was arrested in Belfast is because the standard of proof required there for an extradition is of a much lower order than in this jurisdiction. In the wake of the attacks of 11 September 2001, the United States has little time for civil liberties unless it involves one of its own citizens. Presumably that explains why it has not signed up to the International Criminal Court. The presumption of innocence until proven guilty is the corner stone of our legal system. While Mr. Garland may have political views of which the United States, Deputy Quinn, Deputy Carey and I do not approve, that is not the issue. The issue is justice. As Irish parliamentarians and as Europeans we cannot afford to abandon those hard-fought principles of justice for a legal system devised by George W. Bush.

Minister of State at the Department of Foreign Affairs (Mr. Treacy)

I am pleased to respond to this motion from three respected Members of this House representing three different political parties. Mr. Sean Garland was arrested by the PSNI in Belfast on 7 October 2005. At the time of his arrest, Irish officials at the British-Irish intergovernmental secretariat in Belfast were immediately contacted and subsequently sought clarification from the British authorities as to the basis for his arrest.

Mr. Garland was provisionally arrested on foot of a request from the United States Government for his extradition. The request for extradition was made on the basis that Mr. Garland is the subject of an indictment filed on 19 May 2005 in the United States District Court for the District of Columbia. The United States authorities want Mr. Garland to stand trial on counterfeiting charges.

As Members will be aware, Mr. Garland has been released on bail subject to the payment of surety and daily reporting to a PSNI station.

Mr. Quinn

He must also stay within the jurisdiction of the United Kingdom.

Mr. Treacy

Yes. He must remain in Northern Ireland. Mr. Garland has been instructed to reside at an address in Northern Ireland pending the receipt of appropriate documentation from the United States authorities to support the extradition request. I understand that the said documentation must be forwarded to the authorities in the United Kingdom within 65 days of the date of the initial request for extradition, that is within 65 days of 4 October 2005.

Mr. Garland has since contacted Irish officials in the British-Irish intergovernmental secretariat in Belfast. Assurances have been given to Mr. Garland that the case will continue to be monitored by the Government and that Mr. Garland had the same rights as any other citizen in that respect. I acknowledge that he is a private citizen of this nation and that he is the president of an Irish political party.

As Deputies are aware, the upholding of the rights of Irish citizens arrested outside this jurisdiction is an ongoing part of the work of the Department of Foreign Affairs. Our officials work to ensure that Irish citizens are in no way treated in a discriminatory manner and that they are provided with appropriate legal assistance at all times. Mr. Garland is fully entitled to due process and to the presumption of innocence until proven guilty.

I can confirm Deputy Carey's statement that within the last hour, the Minister for Foreign Affairs, Deputy Dermot Ahern, immediately after a meeting of the National Forum on Europe, along with Deputy Carey and Deputy Joe Higgins, has met representatives of the Workers' Party and has discussed the situation. I can also confirm to the House that a request was made to the Minister to raise this matter with the American authorities. Deputy Quinn has already raised that question and I can confirm that the Minister has given a commitment that this matter will be raised with the American authorities immediately.

Deputies will also understand that the Irish Government does not have the power to interfere in legal proceedings that take place in another jurisdiction. Such matters are for the courts alone to decide upon and, as such, it would be inappropriate for me to comment further on the details of the case at present.

Social Welfare Benefits.

Dr. Upton

I thank the Leas-Cheann Comhairle for the opportunity to raise this matter on the Adjournment. I am disappointed that the Minister for Social and Family Affairs is not present to listen to it. Three of my constituents who are homeless have managed to secure places at college. One, to whom I will refer as Anne is 19 and has just enrolled in Liberties College for a one-year child care course. Another, to whom I will refer as Simon, is also 19 and has just enrolled in a film and media course at St. Kevin's College. A third, to whom I will refer as Sarah is also 19 and has just enrolled in Inchicore College in a full-time diploma course in social studies.

All three have several things in common. First, they all reside at St. Catherine's Foyer in the Liberties where their quest to better themselves has been facilitated and encouraged by the three dedicated staff there. Second, all three are remarkably determined individuals who have overcome many obstacles to get to this point in their lives. Anne is from Sierra Leone and was granted asylum in Ireland. Until recently, she was in a residential care home and from there was sent to St. Catherine's Foyer. Simon arrived at the foyer at the beginning of this year from hospital and completed an information technology course in June at St. Tiernan's College. Sarah, who is diabetic and who has suffered from other illnesses, decided to use her time at the foyer to find a way out of the difficulties in which she had found herself in by applying to study for the diploma in social studies at Inchicore College.

All three of these young people are very determined. However, they have something else in common. Despite the anti-poverty strategies, the commitments in Sustaining Progress, the housing plans, and the billions we spend on social welfare provision in the State on schemes such as the back to education allowance, BTEA, the education, training and development options, ETD, and the vocational training opportunities scheme, VTOS, not one of these three determined, young, homeless 19 year olds is eligible for the financial assistance they require to pay their rent and eat while they complete their courses. They fall through the gaps.

Mr. Coveney

Extraordinary.

Dr. Upton

Anne is not entitled, because having been in the care of the State since she arrived in Ireland, has not been able to build up the kind of relationship with the social welfare system that would enable her to conform to the length of time in receipt of benefits criteria stipulated under the VTOS, BTEA and ETD schemes. Worse, when Anne was discharged from the residential care home, she was referred to St. Catherine's Foyer and to no other agency that might help this enthusiastic, committed young woman better herself through education. Will we permit her to fall through the gaps?

Simon is not entitled because having been in receipt of a hospital fund payment and then a discretionary supplementary welfare allowance payment from the health board while at St. Tiernan's College proving his determination to better himself through education, the community welfare officer at South Earl Street has now informed him that he will not be given a supplementary welfare allowance while at St. Kevin's College. Even worse, Simon has been told that the time he spent in receipt of the hospital fund payment and in receipt of a social welfare allowance will not count as part of the length of time in receipt of benefits criteria stipulated under the various education schemes. Will we let him fall through the gaps?

Sarah, who was working until recently, does not fulfil the length of time on benefits criteria either and will fall through the gaps like the other two young people whose stories I have told unless something is done. Sarah is somewhat luckier than Simon and Ann as she has been granted €1,500 by the Society of St. Vincent de Paul. However, she is also diabetic and has special dietary requirements, she must pay for bus fares, equipment and stationery and, even if she manages to get a maintenance grant from the VEC, she will find it difficult to remain in her course, pay her rent, eat and buy the materials she needs. Will she also be allowed to fall through the gaps?

It is a simple choice for us as legislators and for the Minister in charge. We could stand by while Ann, Simon and Sarah drop out of their courses and lose what may be their only chance to better themselves through education, drop out, sign on and receive unemployment assistance or we can find the flexibility within the current system to ensure that homeless young people such as these who have the brains and determination to succeed in bettering themselves do not fall through the gaps. They have worked hard to step back into society, get educations through the courses we encourage them to do and be given decent opportunities.

Mr. Treacy

The problem of return to education for homeless persons is primarily a matter to be addressed through the education system. Our colleague, the Minister for Education and Science, has put in place a range of initiatives in the education field to address this problem in more effective ways, as set out in the White Paper on Adult Education, Learning for Life.

The Department of Education and Science administers a range of back to education programmes under the umbrella of its employment support services to encourage and facilitate unemployed people, lone parents and people with disabilities to return to work through the acquisition and improvement of skills and academic qualifications that will enable them to compete more successfully for employment. Programmes range from basic literacy courses through to postgraduate university courses and include the back to education allowance scheme, which covers full-time second and third level courses, the education, training and development option and the part-time education option.

The back to education allowance is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active workforce. As previously mentioned, there are two options available under this scheme, namely, the second and third level options. Under the third level option, a person may pursue a full-time third level course of study at a recognised third level institution.

The primary aim of the back to education allowance scheme is to assist people who are unable to access the labour market due to a lack of education and who are caught up in a cycle of unemployment and disadvantage. For example, the scheme has given many people who left school early a second chance for education, which improves their prospects of getting employment. Currently, to qualify for participation in this scheme, an applicant pursuing an approved third level course of study must be at least 21 years of age and in receipt of a relevant social payment for 12 months or nine months if participating in the national employment action plan.

The scheme has recently been the subject of a programme expenditure review. One of the review working group's recommendations was that the scheme should be extended to include all of those of working age in receipt of a welfare payment. In this context, there are currently a number of homeless people who are in receipt of supplementary welfare allowance for a minimum period of 12 months. They comprise a long-term welfare group whose eligibility for the scheme will shortly be reconsidered.

Drug Seizures.

Mr. Costello

The problem of cocaine and crack cocaine has become rampant recently and there has been an explosion in usage. Cocaine was scarcely used in the 1990s. In 1994, Garda seizures of cocaine were worth €4,672 but, in 2003, they were worth €10,915,786. A total of 167.5 kg of cocaine was seized last year with a value of approximately €500,000 per kilogram. It is estimated that the former figure has doubled again and that there is an Irish cocaine market of approximately €200 million. Crack cocaine, which scarcely existed two years ago, has become a common feature. Recently, there was a major seizure of crack cocaine in Phibsborough, one of a number of seizures that are becoming widespread.

I was contacted and asked to enter the Moore Street traders' market in the heart of Dublin recently. Various sites and persons involved in trading cocaine were pointed out to me. The gardaí are increasing their presence in the area. However, we are effectively experiencing an epidemic of a new hard drug that scarcely existed in this country in 2000. Where it did, it only existed among so-called celebrities, the middle classes, pop stars, etc. Now, it runs rampant through the country.

The situation is different in many ways. The price of cocaine in 2000 was double the price of cocaine today, which is exactly how heroin spread throughout Ireland. Prices fell to the price of cannabis in the late 1970s and early 1980s. Pushers have done the same with cocaine, namely, halving prices. Currently, it is €70 per gram whereas it cost more than double this figure five years ago. It differs from the importers and traffickers or heroin and cannabis, where a number of major figures operating outside the country existed, because, in this instance, there is a large number of small operators who are travelling the length and breadth of Ireland. As such, there is a much larger network and its use is spreading more rapidly.

Nothing has been done by the Government in respect of this matter. The Minister of State at the Department of Community, Rural and Gaeltacht Affairs with special responsibility for drugs strategy and community affairs, Deputy Noel Ahern, put on record in 2002 that he did not regard the incidence of cocaine availability as warranting any action. Now, it is a major illegal industry here. The Minister of State must acknowledge this fact. We must refurbish, restructure and increase the number of personnel in the drugs squad because we have a new drug problem.

Heroin is widely available at present, which is why we still have addicts, but a new drug is bringing into play a whole spectrum of new addicts. The younger brothers and sisters of those who were on heroin almost regard cocaine as something exciting and safe, whereas heroin was different. A new generation is being turned onto a drug that is supposedly relatively safe, as it is perceived as the drug of the celebrity. This is not the case. It is extremely difficult to deal with in that it is more difficult for a person to undergo detox for cocaine than heroin and it is exploding in terms of its availability and use.

While we do not yet have the relevant figures for 2005 but which are thought to be twice 2004's, the seizure of 167 kg last year is only the tip of the iceberg. The Garda Síochána recognise that the most it expects to see is only 10% to 15%. Before it is too late, let us not continue to bury our heads in the sand and pretend this new epidemic is not upon us. Let us take some robust action for a change to try to deal with this issue.

Mr. Treacy

The Government is aware of the increased prevalence of cocaine usage in Ireland recently. This mirrors an increase in the availability and usage of cocaine in Europe generally.

Mr. Costello

Our levels are much higher than in the rest of Europe.

Mr. Treacy

It is believed that high levels of production of the drug in a number of Latin American countries is being driven by an increased focus by suppliers on Europe as a prime market for potential growth in cocaine consumption.

The National Drugs Strategy 2001-08 addresses the problem of drug misuse across a number of pillars, including supply reduction, prevention, treatment, rehabilitation and research. Implementation of the strategy across a range of Departments and agencies is co-ordinated by the Department of Community, Rural and Gaeltacht affairs. In this way, efforts to tackle drug abuse, including cocaine abuse, are broadly based to include measures aimed at both supply and demand reduction, including awareness initiatives. The criminal justice response is primarily, although not exclusively, in the area of drug supply control.

The national strategy specifies a number of supply reduction targets for the Garda Síochána in terms of all drug seizures and notable successes have been achieved. Details of the volume of cocaine seizures over the period 2000-04, inclusive, are 18 kg in 2000, 5.3 kg in 2001, 31.7 kg in 2002, 107.4 kg in 2003 and 2004 a provisional figure of 167.3 kg in 2004.

Garda strategies for dealing with drug offences are designed to undermine the activities of organised criminal networks involved in the trafficking and distribution of illicit drugs, including cocaine. All these strategies are based on a number of underlying principles, namely, focusing on all aspects of drug trafficking including the importation, transportation and distribution of illicit drugs; the gathering of intelligence on all individuals and organisations involved in the distribution of drugs, including the support structures underpinning this activity; conducting targeted operations on criminal networks based on intelligence gathered; and working in collaboration with other law enforcement agencies, both within and outside the jurisdiction, to address the national as well as international aspects of drug trafficking and distribution.

These strategies continue to result in ongoing operational successes, including successes against cocaine trafficking. The trafficking and distribution of all illicit drugs, including cocaine hydrochloric and freebase, popularly known as crack, at local, national and international levels is constantly monitored by the Garda Síochána.

The Criminal Justice Bill before the Houses of the Oireachtas, provides a comprehensive package of anti-crime measures which will enhance the powers of the Garda in the investigation and prosecution of offences, including drug offences.

Mr. Costello

That is a load of rubbish.

Mr. Treacy

The Bill includes provisions on search warrant powers for the Garda and admissibility of statements by witnesses who subsequently refuse to testify or retract their original statements. Moreover, the Minister is finalising further legislative proposals to provide for criminal offences regarding participation in a criminal organisation and to strengthen existing provisions relating to the ten-year mandatory minimum sentence for drug trafficking.

In addition to the implementation of actions under the various pillars of the national drugs strategy and projects and initiatives undertaken by local drug task forces, earlier this year the Minister of State with responsibility for the national drugs strategy, Deputy Noel Ahern, approved funding of approximately €400,000 for a number of pilot cocaine projects.

Mr. Costello

That would not buy a kilo of cocaine.

Mr. Treacy

I do not know the market price. This funding is being used for the establishment of four pilot treatment interventions for specific groups, such as intravenous cocaine users and problematic female cocaine users, for the training of frontline staff in both the community and statutory sectors dealing with cocaine users and for the development of educational material outlining the dangers associated with cocaine use. All of this work is under way. Moreover, the third phase of the national drug awareness campaign is focused on cocaine use.

Mr. Costello

That is pathetic.

Mr. Treacy

The Minister can assure the House of his commitment and that of the Government to ensuring that the necessary strategies and measures are in place to tackle the problem of cocaine.

Mr. Costello

Nothing is happening, unfortunately.

Mr. Coveney

That was an extraordinary response. I appreciate the Minister of State did not write it. Cocaine is a huge problem.

Crime Victims.

Mr. Coveney

My motion also concerns crime, but it relates to how victims of crime are treated, and the need to continue the services provided by Victim Support in the Cork and Munster region. Financial support for the Victim Support organisation ceased on 31 March this year. I am aware of the reasons that happened and I do not wish to get into the merits of that debate. I hope the Minister of State's response does not waste too much time with it.

A commission was established and allocated a budget to make recommendations on how we should support victims of crime and what structures are necessary to do so. I do not have a difficulty with that approach. The problem is that Victim Support offices in Munster continue to function without State assistance. They continue to receive referrals and survive on volunteer work and private donations because no other structure is in place.

The main Victim Support office in the Munster region happens to be 50 yards from my constituency office in Cork, appropriately across the road from the Garda station on Anglesea Street and next door to the district courthouse. That office is busier than ever and last month alone approximately 40 referrals were made from doctors, the Garda and the Courts Service. It also deals with a large number of self-referrals.

The status quo is not sustainable. The service is running out of funds and private donations pay the rent. My concern does not lie with the retention of the name or reputation of Victim Support but with the service itself and the good people involved who provide a vital service. The commission is probably considering two options. One is to restore the Victim Support organisation nationally, perhaps with new management. The second is to develop regional structures, perhaps under a new name and with a new board of management.

The Minister must take an interest in this because if the situation continues and decisions are not made in the near future, the expertise and voluntary staff will be lost. This valuable resource for the victims of crime is being allowed to die a slow death while we wait for commission recommendations. We cannot allow these volunteers to dissipate because if they do, they will start to work in other sectors and they will not return. Approximately 110 volunteers work in the Munster region, and 80 of them are described as high quality and can ill afford to be lost. The organisation has ten branches throughout Cork city and county, Kerry and Limerick.

I know how vital the work done by the organisation is to the Garda, the doctors who make referrals and the courts because I work next door to its office. The Minister of State may well reply that it is the responsibility of the commission to find an answer and provide the resources. The fact remains that it is the responsibility of the Minister for Justice, Equality and Law Reform to ensure that victims of crime are looked after and that we have proper well-funded structures to do that. However, the system is in danger of falling apart. I hope for a comprehensive response from the Minister of State that will give an optimistic outlook on what is likely to happen during the coming weeks.

Mr. Treacy

Victim Support is an independent voluntary registered charity and is a company limited by guarantee. The Department of Justice, Equality and Law Reform does not have a seat on the board and has had no role regarding the appointment of the board or staff of Victim Support. The Department had been de facto the main funder of Victim Support, particularly in recent years, although not its only source of income. A total of €5.5 million was made available during the last five years.

In recent years, particularly since mid-2003, tensions in the organisation gave rise to grave concerns on issues of governance, accountability for public funds, value for money and, most particularly, the delivery of services to victims of crime. A number of meetings took place with the various configurations of its board during 2003, 2004 and early 2005 with a view to developing the basis for a recovery of the organisation's service levels and stabilising governance.

In December 2004, with the co-operation of the Victim Support interim board, staff and volunteers, the Department commissioned an independent review of the state of play within the organisation and of the prospect, if any, of organisation recovery. The review report, delivered in February 2005, while praising the commitment and dedication of many of the volunteers locally, concluded that the organisation was terminally damaged and that there was little or no prospect of recovery. After careful consideration, the Minister decided that further funding of the Victim Support organisation could not be justified. Arising from the prospect of Victim Support's ongoing inability to deliver services to victims of crime, the evolution of thinking as regards victim provision generally and in light of the requirements of the EU framework decision on the standing of victims in criminal proceedings, the Minister concluded that the model of funding through the Victim Support organisation was no longer viable.

In that context, on 8 March 2005, the Minister, with the approval of the Government, established a new Commission for the Support of Victims of Crime to devise an appropriate support framework for the future and to disburse funding for victim support measures. The commission's term of office is for three years and its members are Mr. Jim McHugh, retired assistant commissioner of the Garda Síochána, chairman, Ms Nora Owen, former Minister for Justice, Mr. Seán Lowry, former head of the probation and welfare service, Mr. Michael Whelan, Gemini Consulting and Ms Marian Finucane, broadcaster.

The Department of Justice, Equality and Law Reform provides administrative support for the commission. Its remit includes the examination of all aspects of the provision of services for victims of crime within the criminal justice system. These provisions are currently set out in the Victims' Charter, last updated in 1999.

In addition, the commission will supervise the disbursement of funds to community and other voluntary groups providing victim services, with a particular emphasis on the funding of activities on the ground that provide direct supports for victims of crime. The commission received over 60 applications for funding in response to a public advertisement earlier in the year. It is entirely independent in its decision making and will examine each application on its merits. It has approved ten projects for funding so far this year and a number of others are under consideration.

The commission received separate applications for funding from a number of former elements of Victim Support as well as from that organisation itself, including some of the specialist services, individual branches and a larger grouping of branches that have formed a new organisation, the Federation for Victim Assistance. One of the applications came from the Mayfield branch of Victim Support.

As I have said, the commission is entirely independent in its decision making and will examine each application on its merits. At the same time, it must satisfy itself as regards the accountability of any entity making application to it and that service delivery can be assured on an ongoing basis. The commission is now providing funding support to a number of specialist services, formerly part of Victim Support, that made independent submissions for funding. These services are — or will be — provided on a national basis.

The commission had meetings with the interim board of Victim Support and with officers of the new Federation for Victim Assistance in the last few days in the context of examining their applications for funding. Among the issues discussed with both groups were governance and structures, arrangements for the delivery of services on the ground, the prospects for co-operation with other groups providing victim services and plans for future development.

A particular difficulty arises, however, in services in the Cork and Munster region. Some of the branches have been included in the Victim Support application and one is included in the Federation for Victim Assistance application. In recent days, a new application has been received from a grouping of ten branches in Cork and greater Munster which are already included in the Victim Support application but which now want to be considered separately for funding. The House will appreciate that it is difficult for the commission to be confident about governance, accountability and in particular the capacity of these groups to deliver a quality service to victims in the light of the obvious uncertainties and apparently changing allegiances of the various branches. At the same time, it is anxious to ensure that services to victims of crime are available as widely as possible, and considers that building on the undoubtedly excellent work of the volunteers at ground level is the best way to achieve this objective for the future.

We must not lose sight of the core issue, and that, of course, is the delivery of services to persons in our communities who have fallen victim to a crime. In that respect, the Minister is determined to ensure that a quality service to the victims of crime is put in place in Cork, in Munster and in all other areas of the country. The commission will reflect carefully on all the information available to it in coming to its decision on all of these applications.

The Dáil adjourned at 5.25 p.m. until 2.30 p.m. on Tuesday, 25 October 2005.