Charles Flanagan
Question:82 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the new measures he proposes to introduce to address the escalating levels of knife crime. [21185/08]
Priority Questions.
Crime Levels.
It is a matter of concern that the number of murders involving knives or sharp instruments doubled from 18 in 2006 to 36 last year. I should add, however, that the overall number of incidents involving such weapons recorded by the Garda Síochána decreased from 1,138 in 2006 to 934 in 2007.
Our legislation already prescribes strong penalties for offences involving the use of knives and similar weapons. The Firearms and Offensive Weapons Act 1990 and the Offensive Weapons Order 1991, which contain the criminal law in this area, lay down strict prohibitions on such weapons and severe penalties for breaking those prohibitions. Indeed, our law generally provides heavy penalties for offences involving weapons. A person found guilty of murder through stabbing or otherwise is liable to the highest possible penalty of a mandatory life sentence.
Earlier this year, my predecessor as Minister asked the Garda Commissioner to review the law in this area to see whether further measures should be taken. The Commissioner recently finalised his review and my Department is currently examining it. If necessary, we will strengthen our law even further. In considering this matter, we must be conscious that it would not be practical to ban or restrict many of the knives or similar weapons often used in attacks as they have legitimate uses in the home and workplaces. We must target instead their possession in inappropriate circumstances.
The Garda Policing Plan 2008, which reflects the priorities set for the force by the Minister for Justice, Equality and Law Reform under the Garda Síochána Act, contains a series of measures to target the use of knives and similar offensive weapons for violent attacks. As well as taking rigorous action under the criminal law against those found carrying such weapons, the Garda will launch later this year a media campaign addressing this behaviour.
The use of knives and other weapons can arise in the context of incidents of public disorder and excessive consumption of alcohol. The Garda Policing Plan 2008 includes actions to proactively target groups and individuals involved in anti-social behaviour and to identify hotspots where such behaviour is taking place. The Government yesterday approved legislation to address the sale of intoxicating liquor from which anti-social behaviour often results and this will be published shortly.
Additional information not given on the floor of the House.
Policing by An Garda Síochána of communities is a key factor in addressing this type of behaviour. Significant progress is being made to increase the strength of the force to 15,000 by 2010. The current attested strength of the force on 30 April was 13,874. Furthermore, hundreds of extra civilian staff have been recruited to free up gardaí for frontline policing.
I am sure the House will agree that we need to get the message across to young people in particular that carrying knives or other offensive weapons is dangerous and wrong and can lead to disastrous consequences.
The Government has been in office for one year during which time there has been a 27% increase in murders, a 20% increase in firearms offences, as published today and a 31% increase in drug-related offences. Ireland has become a more violent and vicious place in which to live.
In 2003, eight murders were attributed to knife crime. By 2006 this number had increased to 23 and in 2007 to 36. I put it to the Minister that this dramatic increase in knife-related murders needs to be addressed. The Minister's predecessor, Deputy Brian Lenihan, earlier this year stated the Garda Síochána was at his request conducting a review in this regard. Perhaps the Minister will set out for us the nature of that review and say whether it has been completed. If so, what are the terms of the review?
I am disappointed to learn from the Minister's reply that he does not envisage any legislative change in this area. Is it the intention of the Garda Síochána, in conjunction with the Minister, to ensure areas of high incidence of crime are identified and subjected to greater police concentration with particular reference to knives, offensive weapons, swords and sharp objectives which are being used not only to maim people but to murder them and to terrorise communities? Very little has been done in recent times to address this issue. Perhaps the Minister will outline to the House his proposals in this regard.
As I stated in my reply, the Garda Commissioner's report in this regard was recently received by my Department. The report makes a number of small suggestions in respect of changes in this area, including in respect of powers of search, the prohibition of swords and providing that some summary offences be tried on indictment. I have indicated previously that I will use the criminal justice (miscellaneous provisions) Bill, which it is hoped will be available in the next couple of months, as the legislative vehicle to make the changes recommended by the Garda Commissioner.
I raised the issue of the use of knives with the Garda Commissioner at my first meeting with him and sought assurance from him that the commitment given by him to my predecessor in regard to the targeting of hotspots at which young people with knives congregate, in the context of alcohol, will be implemented. As I stated in my reply, the Government has fast-tracked some elements of the report on the sale of alcohol and has approved the Bill, which it is expected will be published shortly, in regard to the taking of intoxicating liquor in public places and public disorder.
What is required at the end of the day is targeted action by the Garda Síochána. As I stated earlier, the Garda will shortly conduct a media campaign directed at young people in particular to try to ensure they are aware of the dangers of carrying such knives. The Garda Síochána has unprecedented resources available to it.
Inquiries into Garda Activities.
Pat Rabbitte
Question:83 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform his views on the sixth report of the Morris tribunal published on 8 May 2008; the action he will take arising from the report; and if he will make a statement on the matter. [21210/08]
The findings of the sixth report of the Morris tribunal are disturbing not only for the public but for the overwhelming majority of members of the Garda Síochána who are conscientious and honourable and who have been badly let down by some of their colleagues. It finds that a number of persons were unlawfully arrested and detained and that some were mistreated in custody through verbal and, in some cases, physical abuse. This followed directly or indirectly from the investigation into the death of Mr. Richard Barron in Donegal in 1996, which itself was dealt with comprehensively in the tribunal's second report published in June 2005.
The reports of the Morris tribunal have influenced greatly the policy changes underpinning the Garda Síochána Act 2005, a comprehensive reform of the law relating to the Garda Síochána. Among other things, the Act established the Garda Ombudsman Commission, put in place new and more streamlined discipline regulations, imposed a statutory duty on members to account for their actions while on duty and reformed the system of Garda promotions. If these measures had been in place in the late 1990s, there might never have been a need for the Morris tribunal.
It is difficult to find any comfort in the report but I am heartened that it found to be false a claim that conversations between solicitors and persons detained in Letterkenny Garda station were secretly recorded by members of the Garda Síochána.The Garda Commissioner has unambiguously apologised to those found by the tribunal to have been mistreated. He is now examining the latest report carefully with a view to addressing the findings as they relate to individual members.
Looking ahead, the report makes a number of recommendations arising from its findings, mainly centred on how improvements could be made to the law and practice relating to the conduct of interviews with persons in Garda custody but also touching on other aspects of Garda investigations. I will consider these recommendations carefully and I will consult with the Garda Commissioner on emerging proposals for change. We should also be mindful that the tribunal's two final reports are due to be submitted soon, perhaps as early as next month. Members will then have an opportunity to debate all of the reports' findings and recommendations.
Additional information not given on the floor of the House.
This will complete the substantive work of the tribunal. Mr. Justice Morris and his team deserve the appreciation of this House for this achievement. They have exposed the truth of what happened in Donegal in the 1990s and their findings and recommendations which have been the inspiration for comprehensive reform of the Garda Síochána will serve the force and the people well into the future.
How can the Minister say that if certain measures had been in place in the late 1990s there may have been no necessity for the Morris tribunal when Mr. Justice Frederick Morris said that what he uncovered in Donegal is not peculiar to Donegal? I ask that the Minister respond to this conclusion.
One of the changes made arose from the whistleblowers' regulations which were signed into law in April 2007. There is a confidential recipient, Mr. Brian McCarthy, former Secretary General to the President, who was appointed in March 2008. The system of whistleblowing will become operational once the charter is in place, has been submitted and is approved by me. When it is in place, it will provide a major opportunity for those conscientious members of the Garda Síochána who wish to make a whistleblowing complaint. If it had been in place during the time of the incidents which arose relating to the Morris tribunal, perhaps the tribunal would not have been necessary.
What is the Minister's response to Mr. Justice Morris's conclusion that the deficiencies, malpractices, misconduct and indiscipline he discovered in Donegal over six years were not peculiar to Donegal? I ask the Minister to answer the following question rather than reading out whatever is in the file. Never mind the file. Has he had any reports from other parts of the country about the type of malpractices dealt with by the Morris tribunal?
From time to time, a Minister with responsibility for justice will receive information. I have not received such information since I became Minister. As a result of the changes made in 2005, the Garda Ombudsman Commission is now up and running and has received a substantial number of complaints on issues brought to its attention by members of the public. The Garda Ombudsman Commission, which replaced the Garda Complaints Board, is a good vehicle. People such as Deputy Rabbitte encouraged it to be put in place to allow these issues to be dealt with so we do not have tribunals. Those gardaí who tend to operate in this way will be cognisant of the fact that stringent conditions and legislation are in place to deal with it.
Is it the case that the Garda Ombudsman Commission may not deal with allegations of routine dereliction of duty within the Garda Síochána? I have had a number of contacts from within the Garda since the latest Morris report was published. At least three of these cases detail routine dereliction of duty, malpractice, misconduct and indiscipline, matters proper to the management structure within the Garda and with which the Garda Ombudsman Commission does not and cannot deal.
I know the Minister is in the job a short time and as Minister for Foreign Affairs he was, perhaps, more removed from the work on the ground than the rest of us. I am surprised if the Minister can honestly state to the House that Mr. Justice Frederick Morris was wrong when he concluded that there is routine indiscipline and worse in other parts of the country.
In connection with what action has taken place, a new code of disciplinary measures has been put in place as a result of the recommendations of the Morris tribunal.
Legislative Programme.
Alan Shatter
Question:84 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform if he proposes to introduce legislation to provide for the prosecution in domestic courts here of Irish nationals who commit offences abroad regarding sexual conduct with children; and his views on whether such legislation is necessary. [15332/08]
The Sexual Offences (Jurisdiction) Act 1996 provides for the prosecution in the State of Irish citizens or persons ordinarily resident in the State for an act against or involving children abroad. Under section 2 of the Act, the act must be a sexual offence under the law of the place it was done and, had it been done within this State, would have constituted an offence listed in the Schedule to the Act.
The recently enacted Criminal Law (Human Trafficking) Act 2008 also contains jurisdictional provisions which ensure that Irish citizens and persons ordinarily resident in the State who commit trafficking offences abroad can be prosecuted in the State in respect of those offences.
I am at present preparing a Criminal Law (Sexual Offences) Bill which will include several new offences aimed at offering further protection to children and other vulnerable persons against sexual exploitation and abuse. It is my intention to include in that Bill jurisdictional provisions similar to those in the Criminal Law (Human Trafficking) Act.
This question specifically arose as a result of the final report of the review inquiry into what has become known as the McElwee case. In June 2004, it was alleged that an Irish citizen, employed by the Midland Health Board and engaged in work for the child and youth care learning centre in Athlone Institute of Technology, sexually assaulted an individual while on a visit to Amsterdam to research issues relating to drugs and young people. Ultimately, this resulted in a conviction in the courts in July 2005.
In July 2004, an inquiry came from the Dutch authorities to the Department of Justice, Equality and Law Reform as to whether a prosecution could be taken in this State and, in October 2004, the DPP stated it could not. One of the charges related to an alleged sexual assault on a 16 year old for which a conviction was ultimately sustained through the Dutch courts. The Minister may not be aware of the full detail of this case and, if not, he can communicate with me.
Will the reform the Minister intends to bring forward cover this type of incident? Will he ensure that in all circumstances where an Irish citizen abroad commits a sexual offence against a young person the offence is prosecutable at home? Obviously, it must be in circumstances where the alleged victim is available to give evidence in this State. Will the Minister ensure this particular issue is dealt with?
Arising out of the McElwee case, it emerged that despite the fact that the Department of Justice, Equality and Law Reform was notified of the original alleged offence and subsequently was directly involved in facilitating the Dutch authorities in serving the summons on the person convicted, the Department failed to inquire as to the outcome of the proceedings. It was only in June and July 2007 that it became publicly known, forcing this man to resign from his position and to cease working as a consultant to the Midland Health Board.
The House was told that a meeting was to be convened as a matter of urgency involving senior officials from the Department of Health and Children, the HSE, the Garda Síochána, the Department of Education and Science and the Department of Justice, Equality and Law Reform to ensure that, in future, the Children First guidelines are abided by. Has this meeting happened? Despite the Department of Justice, Equality and Law Reform having information on this matter from 2004 onwards, it failed to communicate it to any other body of relevance and by 2005 it had been made aware that the person involved was working in the child care area.
Another question has been tabled on the McElwee case and I am aware of the circumstances of it. One of the reasons we propose to change the legislation is to tighten up the situation, not necessarily flowing from this particular case. For this new legislation, we have taken on board the views of various bodies, including the Ombudsman for Children, the Irish Human Rights Commission and what flowed from the report of the Oireachtas Committee on Child Protection on the 2007 Council for Europe convention against sexual exploitation and the sexual abuse of children. It was part of an overall Bill but because we wanted to fast track dealing with human trafficking, we brought it forward as a separate Bill, which, as the Deputy knows, will come into law on 7 June.
A Bill on sexual offences will be brought forward and will take care of the situation provided a similar offence exists in this jurisdiction to that committed by the person. In all circumstances where a similarity exists between the offence committed in the foreign jurisdiction and this jurisdiction, it would be possible to ground a prosecution here.
Will the Deputy table a specific question on whether the meeting has taken place? I expect a meeting has taken place and meetings are taking place on a constant basis.
Freedom of Information.
Pat Rabbitte
Question:85 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform when he will extend the remit of the Freedom of Information Act 1997 to cover An Garda Síochána especially in view of repeated suggestions from the Information Commissioner that this should be done; and if he will make a statement on the matter. [21211/08]
As part of a general review of the operation of the Freedom of Information Act 1997 last year, the extension of the Act to An Garda Síochána was considered. That consideration involved an examination of all factors relevant to the governance, oversight and accountability of An Garda Síochána. Since the passage of the Garda Síochána Act 2005, An Garda Síochána and the regulatory and administrative landscape in which it operates have been undergoing massive change. The Garda Ombudsman Commission was established. The Garda inspectorate was established and it has produced three reports with major implications for the structure and operation of the force. In the past year the senior civilian management positions of chief administrative officer and director of communications were created. More civilians are being recruited for key posts as legal adviser, director of information and communications technology and director of change management.
At the same time, the ranks of attested members and the numbers of civilian staff have been expanded. In light of this extensive and fast-moving change, it was decided that to extend the FOI Act to the Garda at this time would place an excessive administrative burden on the its resources as the force continues to discharge its challenging core duties, in particular that of tackling crime. For all these reasons it was decided not to extend the FOI Act to An Garda Síochána at this time, but to keep the matter under review. In this regard, I intend to be guided by the overall public interest which lies in maintaining an appropriately accountable police force which is not distracted from its key tasks of safeguarding public safety and security.
Does the Minister not agree it is perverse to plead overdue Garda reforms as a reason for not extending the FOI Act to the force? He is known in the House as a cautious and conservative politician. If he wants to make a name of himself in asserting real accountability, he should extend the Act to the Garda. What is his response to the Information Commissioner's statement that Ireland is out of kilter in this regard with other developed democracies?
With regard to making a name for myself in regard to freedom of information, I am the only Minister who was ever threatened with Circuit Court proceedings by the Data Protection Commissioner. When I was Minister for Communications, Marine and Natural Resources, I wanted to provide replies to freedom of information requests but the commissioner had huge problems with what I was doing. On her first day in office, the Information Commissioner during an interview on the Pat Kenny show found fault with what I was doing at the time, which was putting all the FOI requests made of the Department on the Internet as replies became available. I was stymied to a certain extent in this regard. The Data Protection Commissioner served a 20 day notice on me saying he would take me to the Circuit Court unless I changed my ways. As a result of negotiations between him and the Attorney General, thankfully, I more or less got my way. I have, therefore, made my name on freedom on information.
However, the Deputy will have to accept dealing with files in the Department of Justice, Equality and Law Reform is quite different, particularly in the context of my years as Minister for Foreign Affairs when I dealt with many issues relating to subversive activity against the State. It would be ludicrous that the FOI Act would be extended to such activity.
I would like to have a cup of tea with the Minister to go over his fascinating trip down memory lane, which is utterly——
The Deputy asked me to make my name.
The Minister is only flim flamming. What is his reply to the Information Commissioner's repeated request that the FOI Act be extended to the Garda? Nobody is suggesting we put the security of the State at risk and we are not asking for files on subversive activity. What is his response to her recent report?
I gave my response in my original reply. It is not feasible at this stage. It would create an unnecessary administrative burden on the Garda even in regard to issues that are not security determined. At the end of the day, Members say in the House that we do not have sufficient gardaí. The Government is on an upward scale recruiting. A total of 1,100 gardaí are in training in order that we reach the commitment that we made to increase the force's strength to 15,000 by 2010. This is partly being done to ensure gardaí are fighting crime. If their time is taken up answering freedom of information requests, Members such as the Deputy will be the first to complain that they are sitting in their offices answering such requests.
That is a lamentable reply and it is regrettable the new Minister has a philosophical and ideological opposition to the FOI Act being extended to the Garda. This is an instrument of accountability and if we have learned anything from the Morris tribunal and elsewhere, there is a necessity to improve accountability within the Garda. I ask the Minister to reconsider his position.
I do not accept that. There is oodles of accountability in the Garda Ombudsman Commission, the inspectorate and all the other changes that have taken place since the Morris tribunal.
Departmental Bodies.
Alan Shatter
Question:86 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform if he was informed by the Equality Authority in advance of the detail of the poster campaign being sponsored by them together with the Health Service Executive and the National Council on Ageing and Older People for the Say No to Ageism in 2008 campaign on 19 to 23 May 2008; his views on whether the posters offensively stereotype older people and stigmatise young people; the cost of the campaign; the action he will take to ensure that there is no repetition of such an inappropriate and insensitive campaign paid for by public funds in the future; and if he will make a statement on the matter. [21209/08]
I must stress I have had no role in regard to the inception, detail or design of the campaign in question. As the Deputy noted, the fifth annual Say No to Ageism Week campaign ran this year between 19 May and 23 May. It was launched by my colleague, Deputy Máire Hoctor, Minister of State with responsibility for older people. It is a joint initiative of the National Council on Ageing and Older People, NCAOP, the Health Service Executive and the Equality Authority. The total cost of the campaign for 2008 was €225,000, funded equally by the three organising agencies. Say No to Ageism Week seeks to respond to ageism by highlighting it and by illustrating how ageism operates in society, in the workplace and in the provision of services. The campaign also promotes and supports practical action by organisations to develop "age friendly" service provision. A combination of outdoor advertising, cinema advertising, posters and local and national radio was used throughout the week.
This year's poster campaign had a particular focus on how stereotypical labels can be applied to older people and on how this labelling depersonalises, diminishes and excludes older people. Observers were challenged to examine their attitudes towards older people as compared to young people. The concept was developed by the Equality Authority and approved by the steering committee for the week, which included representatives of the HSE and the NCAOP. The council was represented by the chair of its communications advisory committee and by its communications officer. I am assured there was no intention to offend either older or young people.
As the Deputy rightly acknowledges, ageist attitudes can adversely affect people across all age groups. The Equality Authority is also engaged in an initiative to challenge the negative stereotyping of young people. This campaign, entitled Give Stereotyping the Boot, is running in partnership with the National Youth Council of Ireland. This and other campaigns are conducted by the Equality Authority under its broad mandate under the Employment Equality and Equal Status Acts to combat discrimination and to promote equality of opportunity in the areas covered by the Acts.
Additional information not given on the floor of the House.
The Equality Authority is an independent statutory body with its own board and a separate legal personality, and is independent in the exercise of these statutory functions. The chief executive of the authority is accountable to the Dáil for the economy and efficiency of the authority in the use of its resources, and the systems, procedures and practices employed by the authority to evaluate the effectiveness of its operations.
Does the Minister accept the authority comes under his remit and he funds it? Does he agree it was an outrageous misuse of public funds to spend €225,000 on reinforcing stereotypes of old people and not challenging them? Does he further agree this foolish and ill-conceived campaign could do nothing other than promote ageism as opposed to counteract it? Does he further accept putting up posters of elderly people throughout the country in bus shelters, on buses and in other locations with descriptions of them as a "burden", "grumpy", "forgotten" and "useless" can make no proper contribution to ensuring a lack of discrimination against old people and can only guarantee and ensure unthinking people will use those labels as a verbal means of putting old people down? Does the Minister agree many elderly people who saw these advertisements found them grossly offensive and distressing? Will he direct the Equality Authority to apply more common sense in future to the spending of public funds on promotional campaigns designed to end discrimination but which, if one applies common sense to them, can do nothing to resolve the problem they are supposed to address?
The Equality Authority is an independent statutory body and it is independent in the exercise of its statutory functions. It is not within my remit to run it on a day-to-day basis. The authority must take into account the views expressed by public representatives such as the Deputy, particularly given he raised them in the House. The Equality Authority could be called to one of the committees of the Oireachtas in order to answer questions in respect of this because it is required under the legislation to come before Dáil committees so I suggest that Deputy Shatter does that.
In respect of the reaction, it must be said that to our knowledge, only one negative comment has been communicated to the Equality Authority and this has been from a young person. All of the major NGOs in the area of older people were at the overall launch. For example, Age Action Ireland carried the poster on its website for several days before the launch and throughout the week of the campaign. Indeed, in a letter to The Irish Times on 26 May, Age Action Ireland referred to the current campaign as being “timely and badly needed”, noting that “age discrimination is widespread across society”. While Deputy Shatter may have a view on it and may be correct, there are others who feel the opposite to that.
Does the Minister acknowledge that if the Equality Authority were to decide to run a similar campaign to counteract racism, religious discrimination or discrimination against people because of their sexual orientation and put up posters of poor photographs of people with insulting labels attached to them, that would result in a national outcry? What is the Minister's personal view of this campaign? I have had overwhelming support for comments I publicly made criticising this campaign. Would the Minister consider that the reason people have not communicated their concern about this campaign to the Equality Authority and other organisations involved is because they simply felt that it was pointless to do so?
The time for this question has expired.
We have an obligation to ensure that public moneys are not spent in this way.
Time has expired.
Again, I would say that the authority is independent. Obviously, I would not want any agency under my authority to promote something that would cause difficulty and annoyance for people. There is no doubt that the authority should bear in mind that it must be very careful in what it does but to be fair, it was endeavouring as much as possible to highlight the issue of assisting older people in their lives.