Charles Flanagan
Question:6 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform when he will sign commencement orders in respect of outstanding sections of the Criminal Justice Act 2007. [14113/08]
Other Questions.
Criminal Justice Act.
The Criminal Justice Act 2007 contains 60 sections and two Schedules. With the exception of sections 11 to 13, inclusive and 19 and 41, inclusive, all sections and the two Schedules have been commenced. Sections 11 to 13, inclusive, of the Act, concern the Bail Act 1997. They are the enabling provisions for electronic monitoring of persons granted bail subject to certain conditions. The merits of electronic monitoring and the different methods by which it can be carried out, require careful consideration before I am in a position to make specific recommendations on its introduction to my Government colleagues. I advise the Deputy that the cost effectiveness of electronic monitoring and developments in technology are being monitored by my Department.
Section 19 amends the Criminal Procedure Act 1967 to provide that the High Court may in certain circumstances transfer its jurisdiction to hear appeals in bail cases to the Circuit Court. The section also extends the appeal rights of the prosecution in bail cases. The commencement of this provision has been deferred. I wish to have the question of the transfer of bail hearings to the Circuit Court reassessed to ensure that the potential benefits outweigh some of the practical concerns about its implementation which have been identified. These are very serious practical concerns about the implementation of that particular provision of the 1997 Act.
As Deputy Charles Flanagan will be aware, the historic practice has been that bail applications are taken initially at the District Court. If bail is refused in the District Court, a person may invoke the inherent jurisdiction of the High Court and apply for bail in the event of refusal in the District Court. The involvement of other courts in the bail process, such as the Circuit Court, the Special Criminal Court, the Court of Criminal Appeal, has historically depended on whether the particular court has seisin of the particular offender. There has been no general bail jurisdiction in the Circuit Court. I am not convinced that the implementation of this section of the legislation would be of benefit in the administration of criminal justice in the State.
I do not wish, and I am sure the Leas-Cheann Comhairle would not allow me, to refer to the manner in which this Criminal Justice Bill was heralded by Ministers and Government Deputies this time last year. Suffice to say that 12 months later, there are a number of gaps, two of which have been adverted to by the Minister. The urgency of the matter this time last year is perhaps even greater now from a criminal justice point of view, having regard to the increased levels of crime and very serious crime, throughout society.
From the Minister's reply I take it that the section dealing with bail is now a dead duck and will not be enshrined in law. Reading between the lines that is what the Minister has said. I wonder then why such reservations were not put forward last year, either by him, his party members or his associates in Government. I ask him to confirm that this will not now or during his tenure be subjected to a commencement order.
Some of the provisions relating to bail will be commenced. I refer to the provisions relating to electronic monitoring of persons on bail which is certainly under examination in the Department. I have reservations about the legislative intent to transfer general jurisdiction in bail matters to the Circuit Court because it opens up the vista of a District Court case being followed by a Circuit Court case, being followed by a High Court case, in a single bail application. I cannot see how that can be of advantage in the administration of justice. I also fail to understand how the Circuit Court can exercise jurisdiction on a continuous basis in bail matters when in many provincial circuits, a judge holds a sitting at different venues throughout a large geographical area. There would be significant practical problems in implementing a bail jurisdiction in the Circuit Court given the disposition of the judicial personnel involved.
I examined the section on my appointment as Minister and I confess that, as I was not responsible in this Department at the time of the enactment, I was not aware of the proposal at that time. I understand the Leas-Cheann Comhairle expressed views on this matter at the time. I have examined the issue since becoming Minister and I am not satisfied that the proposal is practical. However, I am always open to suggestions as to how the bail laws can be improved.
Does the Minister intend to engage in discussions with the probation and welfare service on the introduction of electronic monitoring?
We are already engaged in discussions with the probation and welfare service on this matter. One of the main considerations is that the introduction of electronic monitoring may increase the number of persons out on bail at any one time. We are liaising with the probation and welfare service on this and other aspects of the introduction of such a system.
Garda Reserve.
Sean Sherlock
Question:7 Deputy Seán Sherlock asked the Minister for Justice, Equality and Law Reform the number of members of the Garda reserve recruited to date; the stations to which they have been allocated; the number of applicants for the reserve currently in training; if he is satisfied with the rate of recruitment; when he expects that the full complement of 1,500 will be in place; and if he will make a statement on the matter. [14073/08]
As at 31 March 2008, there were 51 reserve trainees and 264 attested reserve gardaí. In the Dublin metropolitan region, 123 attested reserve gardaí are assigned as follows: 21 at Pearse Street, five at Kevin Street, three at Kilmainham, six at Donnybrook, nine at Store Street, six at Bridewell, six at Fitzgibbon Street, two at Clondalkin, four at Finglas, five at Lucan, three at Ballyfermot, 11 at Blanchardstown, one at Ronanstown, two at Santry, three at Raheny, three at Swords, two at Clontarf, three at Coolock, two at Ballymun, three at Balbriggan, one at Malahide, one at Howth, two at Crumlin, one at Sundrive Road, two at Rathmines, two at Terenure, two at Tallaght, two at Rathfarnham, three at Bray, three at Dún Laoghaire and four at Blackrock.
The 30 attested reserve gardaí in Cork are assigned as follows — three at Mayfield, four at Gurranabraher, four at Midleton, one at Mitchelstown, two at Mallow, 13 at Anglesea Street and three at Togher. There are 111 attested reserve gardaí in other stations throughout the State, assigned as follows: six in Sligo; 16 in Galway; ten at Henry Street, Limerick; six in Ennis; two in Tralee; eight in Waterford; two in Tramore; five in Kilkenny; one in Wexford; one in New Ross; one in Gorey; one in Enniscorthy; one in Arklow; one in Wicklow; one in Newbridge; one in Blessington; two in Naas; four in Carlow; two in Clonmel; one in Cahir; one in Carrick on Suir; two in Tipperary town; one in Thurles; two in Cavan town; one in Monaghan town; four in Drogheda; four in Dundalk; one in Kells; one in Navan; four in Castlebar; one in Westport; three in Ballina; five in Mullingar; one in Longford; four in Letterkenny; two in Tullamore; one in Portlaoise; and one in Roscommon.
The agreed programme for Government has set a target strength for the reserve at 10% of the strength of full-time members of the force. Recruitment is continuing and regular promotional efforts to attract potential reserve members are being undertaken. Garda reserve members undertake their training and other duties on a voluntary basis during their free time. As a result, it is not possible to predict how many people will commence training in any particular period.
In the annual policing plan for 2008, the Garda Commissioner has set a target of recruiting 270 members this year. The next class of reserve trainees will commence training on 7 June. I cannot predict exactly when the full complement of Garda reserve members will be reached but I assure the Deputy the Garda Síochána has advised that it is making every effort to reach it.
The reserve has been notably successful in attracting non-Irish nationals to its ranks. Twenty reserve members or trainees are non-Irish nationals. These include seven from the United Kingdom, two from China, one from Belarus, one from Germany, one from Japan, one from Pakistan, one from Zimbabwe, one from Morocco, one from Nigeria, one from Poland, one from Austria, one from Bulgaria and one from India.
What is the Minister's understanding of the lack of success in recruiting members of the Garda reserve? Some 1,400 reserve gardaí were promised but there are many Garda divisional districts with a single reserve garda. I cannot remember any similar issue attaining so much mileage in the newspapers, with hundreds of thousands of words written about this initiative. I hope it is not the case, now that its author has left politics, that there is not the same commitment from the current Minister and the Department on this issue.
When does the Minister expect the target of 1,400 to be met? I saw an amusing programme on television last Sunday night which featured Risteard Cooper posing as the former Minister for Justice, Equality and Law Reform, with three Garda reserve members with L plates on their backs running after him and looking after his every whim. Now that the former Minister, Mr. McDowell, is functioning only at the Bar, I hope it is not the case that the current Minister's commitment to the notion of a Garda reserve is only lukewarm and that the Garda is resisting it.
I am fully committed to the Garda reserve. One of my first functions as Minister, during which I paid tribute to my predecessor, was to attend a passing out ceremony for the Garda reserve. Applicants are carefully assessed and there has been a high attrition rate on applications. It has always been recognised that it will take some time to reach the desired target level for the force because it takes time to recruit, train and assess members. I am strongly of the view that this is a good initiative.
One of the functions being undertaken by the Garda reserve is to accompany full-time gardaí on routine patrolling duties. That is working well and results in an immediate increase in Garda visibility in particular areas.
Written Answers follow Adjournment Debate.