Joe Carey
Question:73 Deputy Joe Carey asked the Minister for Justice, Equality and Law Reform his plans to amend the Sex Offenders Act 2001; and his views on the effectiveness of the legislation. [40406/09]
Priority Questions.
Legislative Programme.
The Sex Offenders Act 2001 introduced a wide range of measures aimed at reducing the risk to the public from convicted sex offenders. These measures include the notification system, also known as the sex offenders register, the civil sex offender order, the provision of information for employment purposes and post-release supervision of convicted sex offenders by the probation service.
As the Act has now been in operation for more than eight years, the time is opportune for a complete evaluation of its effectiveness and that evaluation is currently under way in my Department. It forms an integral part of a major review of the criminal law governing sexual offences. The review takes into account the discussion document on the management of sex offenders and the views of interested groups made to my Department. I am also in favour of a greater approximation of the laws North and South of the Border, in particular on the operation of the respective notification systems, so that sex offenders will gain no advantage in living in or visiting either side of the Border.
It is likely that the evaluation of the 2001 Act will give rise to a recommendation for a substantial list of amendments and changes to it and when the review has been completed I will seek Government approval for the necessary legislation.
I am satisfied that the 2001 Act is operating well but that after eight years it is appropriate to consider whether it is possible to examine and improve its operation and to include in it further provisions to protect the public, in particular with advances in technology since the Act was passed into law.
Sex offenders represent approximately 8% of the country's overall prison population. Sex offenders cause huge concern to their victims and to the communities into which they are released. I was disturbed to read a recent article in The Sunday Tribune which proclaimed that Ireland has been a haven for 69 sex offenders since 2004. Is the Minister satisfied with the present legislation?
I welcome the Minister's announcement of a review but when will its findings be published? Is he confident that existing legislation is robust enough to deal with sex offenders originating from this country or abroad? What has he done to stop sex offenders from entering the country?
The Bill we are preparing will probably be introduced next year. As I noted earlier, among the matters under consideration is bringing our notification system into line with that of the Northern authorities. As Minister for Foreign Affairs, I raised this issue with my counterpart, Mr. Peter Hain, because I felt that we could marry our operations on both sides of the Border. That process is ongoing because there is much we can learn from each other. There have been several cases involving people crossing the Border. We are also considering a reduction in the period for notification by convicted sex offenders of their addresses and the issue of sex grooming on the Internet.
At present, approximately 325 people are in prison for sex offences, with a further 1,100 on the register and 120 on post-release orders. Our existing legislation is robust but we are not complacent and will review it. Other issues must also be considered in the context of the legislation, not least among them the deliberations of the Joint Committee on the Constitutional Amendment on Children.
The Minister overlooks the fact that 70 sex offenders, rapists and paedophiles have come to this country in the past five years. What is he going to do about this problem?
We passed the legislation and it is up the Garda to implement it. I intend to bring forward proposals on the electronic tagging of sex offenders in the not too distant future. An interim report published in June by my Department recommended introducing this practice on a pilot basis and I want to move on this as quickly as possible, although obviously I must achieve value for money. We think the measure can be viable provided it is kept to a reasonably small cohort of sex offenders on release. However, I must await the final report, which I expect in the not too distant future, before making a decision.
Crime Levels.
Pat Rabbitte
Question:74 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the number of recorded cases of so-called tiger robberies, in which staff or relatives of staff of financial institutions were taken hostage to date in 2009; the amount of money taken in such robberies; the discussions he has had with the financial institutions about these robberies; and if he will make a statement on the matter. [40405/09]
In the nature of democratic politics we disagree on many issues in this House. However, I believe we are at one in condemning what have come to be known as tiger kidnappings and in offering our full sympathy to the victims of such heinous crimes.
I am advised by the Garda authorities that five tiger kidnappings have taken place to date this year. While it is a matter of public record that these included the robbery of a very substantial amount of money from the Bank of Ireland at College Green, I am advised by the Garda Commissioner that for operational reasons it is the policy not to disclose the sums involved in these incidents.
The Deputy will be aware that detailed and comprehensive protocols and response procedures have been agreed between the Garda Síochána and the financial institutions to deal with situations where members of staff or their families are taken hostage in order to facilitate robberies of such institutions. The Garda Síochána does not, for obvious security reasons, publicly disclose information relating to protocols and procedures. Regular meetings are held between the Garda Síochána and representatives of the financial institutions to discuss issues relating to their security arrangements, including the issue of tiger kidnappings.
The Deputy will be aware that the Garda Commissioner and I jointly met with the chief executives of various financial institutions last week to discuss this issue and to outline our concerns in this regard. I do not doubt the commitment of the banks to the well-being of their staff or their desire to help foil these crimes. However, it is crucial that the protocols are followed, and both the Garda Commissioner and I emphasised this to the banks at our meeting. Following that meeting, a number of further measures and policy decisions which I cannot disclose publicly at this time are being taken, including the limiting of access to cash. I will also be meeting representatives of the credit unions and the Irish Banking Federation.
I do not for a moment underestimate the pressure to which the victims of tiger kidnappings are subjected. Following my meeting last week with the heads of the major banks, I will meet later this week with representatives of employees of financial institutions to hear their views and discuss what more can be done to ensure their safety. I assure the House and the employees of financial institutions that the Garda Síochána's absolute priority when faced with an incident of this kind is to ensure that no harm comes to the victims. However, as I stated in the House last week, it is in the interest of everyone, and the staff of financial institutions in particular, that the protocols are observed. These are in place first and foremost to protect employees. It is important to recognise that we will only stop tiger kidnapping attempts by rendering them unsuccessful and thereby protecting innocent employees from being caught in them in the future.
The Minister is correct in assuming that every Member of this House agrees these are appalling crimes and that our sympathy is with the victims and their families. However, is he not concerned that so-called tiger kidnappings are on the increase and is it not reasonable to presume that the very large sums of money garnered in some of these incidents are used for the financing of more serious crime, such as drugs trafficking and firearms purchases?
Each time a tiger kidnapping takes place, the Minister issues strong warnings to the financial institutions and those who are responsible but little else seems to be done between one incident and the next. Too frequently, we have seen similar incidents occur shortly after the lessons were supposed to have been learned. Is he satisfied from his discussions with the senior executives of the financial institutions that they are taking the matter as seriously as they should in the interests of their staff and combating crime? The man and woman on the street have reservations about whether the fine words are being translated into action.
I agree with Deputy Rabbitte that the Government is very concerned about what has happened in recent times. There were nine events in 2006, although not all were successful, four in 2007 and 2008, respectively, and five in 2009 to date. These events cause major trauma to the victims and their families and, often, to bank employees even where they were not directly involved.
One of the developments from last week's meeting is that local gardaí will regularly visit financial institutions' premises to liaise with staff. Our discussions focused on the concern that individuals continue to have access to large amounts of money and ensuring that people are not put under duress. It is my experience of dealing with this matter over the past 18 months that anywhere the protocols have been complied with they have been successful from a law enforcement point of view. Given that they now appear to be targeting families as well as individual bank officials, there is grave concern that, God forbid, someone will be injured in any subsequent incident. I want to widen the discussions to listen to the views of the Irish Bank Officials Association on what more can be done.
Let me give the Minister the example of the €7.6 million taken in a recent robbery of this type in a Dublin bank. How did an employee, admittedly one operating under duress, have such easy access to retrieve the amount of money handed over? The robbery was followed by press statements or behind the scenes briefings by the Garda that a great deal of the money was recovered. I understand only a limited amount was recovered. While it is all very well for the Minister to state that protocols are not being complied with in some cases, is he satisfied that the content of the protocols is adequate to meet this modern day scourge?
I concur with the Minister that the safety of bank officials and their families must come first. Since he failed to comment on my earlier remark, I repeat that the only reasonable conclusion one can draw is that these robberies are carried out for the purpose of funding and financing more serious crime and the trafficking of drugs into this jurisdiction.
I agree with the Deputy. The Government and all Deputies are concerned about the safety of ordinary individuals and civilians caught up in these robberies. That is our number one priority and in case anyone in the banking fraternity believes otherwise, the safety of individuals is also the absolute priority of the Garda in these types of incidents. The secondary concern is to prevent such crimes from taking place in the first instance and, where they do take place, to apprehend the criminals involved. The priority of ensuring the safety of individuals is the reason early warning is crucial. Successful operations were mounted in cases where early warning was given.
I concur with the Deputy that large amounts of money are getting into criminals' hands and feeding into their continuing crime, whether drugs, illegal firearms or another activity. This is another worry for the Government and the reason, as I stated publicly, we must redouble our efforts in this area, particularly with regard to the way in which banks go about their business. While I do not wish to comment on individual cases because people are before the courts, there is concern that large amounts of money are accessible to perhaps one or two individuals in banking institutions.
I note that one commentator referred today to my statement that, for whatever reason, more cash per head of population circulates in this State than elsewhere. In mainland Europe, many countries have limited cash available and transactions are carried out using plastic. The issue, about which I have had discussions with my Government colleagues, must be addressed.
Was today's commentary fair?
Nothing written by the individual in question is fair or balanced, particularly if it relates to the Fianna Fáil Party.
I found the article insightful.
Garda Investigations.
Denis Naughten
Question:75 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the number of investigations into alleged human trafficking since the introduction of the Criminal Law (Human Trafficking) Act 2008; the number of potential victims of trafficking identified; the number of prosecutions that have commenced; the number of victims of trafficking who have received the period of recovery and reflection as defined in the 2008 Act; and if he will make a statement on the matter. [40407/09]
I am informed by the Garda Síochána that in 2008, some 96 investigations were commenced where human trafficking was alleged or suspected. Of these, 60 investigations relate to suspected breaches of the provisions of the Illegal Immigrants (Trafficking) Act 2000, while 36 investigations relate to suspected breaches of the provisions of the Criminal Law (Human Trafficking) Act 2008.
Provisional figures for 2009 indicate that, up to 9 November, some 57 incidents have been recorded by the Garda Síochána under the category of human trafficking offences. Of these, 37 relate to possible offences under the Criminal Law (Human Trafficking) Act 2008, some 18 relate to possible offences under the Illegal Immigrants (Trafficking) Act 2000 and the remaining two relate to possible offences under the Child Pornography Act 1998. In the cases in question, 31 of the persons involved have made a claim of asylum and as part of their claim have alleged they were the victims of human trafficking.
A number of files are with the Director of Public Prosecutions for a decision on whether to prosecute. One case is before the courts where a person is charged with a human trafficking offence under the Criminal Law (Human Trafficking) Act 2008 in relation to the trafficking of a child for sexual exploitation. A total of 11 persons have been identified as suspected victims of human trafficking on the basis that there are reasonable grounds for believing that he or she was a victim of an offence under section 2 or 4 of the Criminal Law (Human Trafficking) Act 2008.
How many files are with the Director of Public Prosecutions for consideration? Will the Minister comment on the report produced by the US State Department which states the Government of Ireland does not fully comply with minimum standards for the elimination of human trafficking? The report focuses on two issues. It refers to the lack of any prosecution or conviction in the reporting period, although I note the Minister indicated that one prosecution is pending, and is critical of the identification of victims and protection afforded to them.
Under the Government's anti-human trafficking plan, the Reception and Integration Agency, RIA, will house suspected victims of human trafficking. Given that 70% of suspected victims are residents of asylum or Health Service Executive hostels and, according to a report produced by a Galway rape crisis centre, 20% or one in five of the women who reported rape or abuse were asylum seekers, a group which makes up only 1% of the population of Galway, is the Minister satisfied that RIA is the appropriate agency to deal with this matter?
Yes, I am satisfied RIA is the appropriate agency. During discussions on this issue with the Garda and other agencies, no major issues were raised regarding the use of RIA accommodation.
On the Deputy's question on the number of cases with the Director of Public Prosecutions, the figure is not provided on the file. Since the passing of the Act in June 2008, some 73 investigations have commenced.
On the criticisms in the US report, I raised this issue with a representative of the United States Embassy when I had an opportunity to do so. The report was somewhat unfair in that it was published shortly after the passing of the Act. To state there were no prosecutions under the Act when one must give the legislation——
I refer to the 2009 rather than 2008 report.
If a respected international agency makes criticisms, we will examine them.
I noted that 11 persons have been granted temporary permission to reside here for six months. Of these, two were granted a second period of six months and six were given the recovery and reflection period of 60 days.
To return to the Reception and Integration Agency, those entering the RIA system are given full medical screening, including a medical card, and access to a full range of services. They are looked after well, as they should be, in order that their case can be investigated. Recently, a Deputy raised a case which may have involved human trafficking. On investigation, no evidence of human trafficking was found.
The Department is worried about this issue and will continue to monitor it. I have also raised it with my Northern counterparts because the Border is used in some cases. Of the 73 investigations, 10% relate to labour while the balance relates to potential sexual exploitation.
I thank the Minister for the figures he presented to the House. On those figures, 11 out of the 73 cases being investigated by the Garda have been defined as suspected victims of trafficking. We are now 15 or 16 months into the enactment of the legislation. Is the Minister satisfied with the period of time it takes An Garda Síochána to decide that someone is a suspected victim? At that stage, and only at that stage, a full investigation into the case takes place. Surely the Minister is risking a situation arising whereby some of the victims may be coerced back into the industry before we give them the 60 day or 90 day notice period required.
These investigations are very complex and time consuming. The Garda has to go through procedures in regard to identification and assessment but it is not true to say that there has not been action. There have been three European arrest warrants granted in regard to people who were trafficking into this country. Major prosecutions are taking place in a number of European countries, including Romania, in regard to events which happened in Ireland. We have worked very closely with Romania, the UK and the Netherlands on this issue. We have a specially designated human trafficking unit in the Department, where a number of officials work with State agencies and NGOs in order to try and address this problem. It is working very well and they are pushing out the boundaries on what more can be done to assist in this area. As the Deputy is aware I propose in the Immigration, Residence and Protection Bill to extend the period of recovery and reflection to a higher level to give people an opportunity to be looked after and to co-operate in order that we can ground a prosecution in this respect.
Social Welfare Fraud.
Michael D'Arcy
Question:76 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform the measures he has in place to track the movements and behaviour of known serious criminals living in housing estates; the checks and protections in place to protect residents and public safety in estates in which criminals are known to reside; if he liaises with the Department of Social and Family Affairs to advise it of the level of income such people derive from criminal activity for consideration by that Department in determining their eligibility for social welfare payments, rent supplement and other State benefits; and if he will make a statement on the matter. [40409/09]
Operations against persons involved in serious crime in this jurisdiction are undertaken on an ongoing basis. Such criminals, their operating methods, criminal interests and financial assets are proactively targeted through intelligence-led operations such as Operation Anvil. Such operations are primarily undertaken by specialist units of An Garda Síochána, including the National Bureau of Criminal Investigation, the Garda national drugs unit and organised crime unit and the Criminal Assets Bureau. Of course, multi-agency approaches play a key role in these matters and will continue to be used in our response to such crime.
The Criminal Assets Bureau is being actively utilised to identify and target funds accumulated by criminals in order to seize such assets and to deprive them of the profits of their criminal activity. The social welfare inspectors attached to it investigate and determine the social welfare entitlements of persons who are suspected of deriving assets from criminal activity and officers from the Department of Social and Family Affairs can make referrals to it for investigation. In addition, Garda Síochána asset profilers, of which there are 103 and who collate information at a local level and carry out preparatory groundwork in advance of a full investigation by CAB, are now in place in every Garda division.
Since its inception in 1996, the CAB has saved over €4 million in social welfare payments and recovered overpayments of almost €3 million. The Department of Social and Family Affairs continues to make very considerable savings in its Vote through fraud controls with savings estimated at €476 million being achieved in 2008. In support of this work, the Department has an extensive legal structure to facilitate the sharing of data with other Departments and specified bodies, such as An Garda Síochána, for the purpose of combating social welfare fraud and data matching is used as a method of identifying high risk social welfare claims for review. There is also close co-operation between the Department of Social and Family Affairs and An Garda Síochána on the ground in regard to multi-agency vehicle checkpoints and personation cases. The Department of Social and Family Affairs control division also deal with individual inquiries from An Garda Síochána as they arise concerning the types of issue raised by the Deputy.
It seems that much is happening in this area but it is not in many other areas. Operation Anvil forced a lot of the criminals out of Dublin and moved them a number of miles north, south, east and west of Dublin. The Minister referred to CAB. When I proposed a regional version of it I was pooh-poohed. The Minister said there are a number of profilers, but they are not operating on the ground.
The Minister said €4 million was saved in social welfare payments to those engaged in criminal activities. If €4 million a month was saved one would think it was fine but savings of €4 million since 1993——
Some €4 million was saved by the CAB €476 million generally in fraudulent payments was saved.
I am referring to approximately €4 million in social welfare fraud saved by the CAB. It should be €4 million a month. A number of criminals go to dole offices. How much liaison is there between the Department of Justice, Equality and Law Reform, the Garda and the Department of Social and Family Affairs? Are they liaising on the ground on a district-by-district and Garda station by Garda station basis? That is what should be happening. Without doing that the Minister's response is irrelevant at a time when people on the ground are acting criminally.
From the point of view of the CAB, there are 103 criminal asset profilers in total, which are based in every Garda division in the country and operate at a local level, dealing with social welfare queries. As the Deputy knows, social welfare officials are also seconded to the CAB. Multi-agency checkpoints also operate in localities. When I was Minister for Social, Community and Family Affairs, I tried to instigate such measures and now that I am Minister for Justice, Equality and Law Reform we have again revamped them because they are very important, particularly to prevent gangs going across the country from one area to another. In that respect, multi-agency vehicle checkpoints operate in which the Garda, the Department of Social and Family Affairs and other State Departments are involved. I do not agree with the Deputy that investigations are not happening at a local level because they are and there is contact, irrespective of the CAB, between gardaí at a local level with Department of Social and Family Affairs officials on a regular basis.
The Minister may not be able to put his hands on the figures immediately but how many known criminals have had their social welfare payments stopped?
That is a question not for me but for the Minister for Social and Family Affairs, Deputy Mary Hanafin.
It is a question.
I do not have those figures. The Deputy will have to table a question. It depends on what one defines as a criminal because many people come before the courts on a daily basis who are in receipt of social welfare and who could potentially be criminals. Is the Deputy suggesting such peoples' social welfare payments should be taken away? Social welfare is a very basic payment.
In the context of the question——
To get the Deputy's point——
I refer to serious criminals.
The Deputy indicates that there are individuals who have great wealth, yet are potentially claiming social welfare. To the best of my information, anyone who portrays a lifestyle far above his or her social welfare entitlements is immediately targeted by gardaí and the Department of Social and Family Affairs.
Is it possible to have the question on serious criminals answered?
Anti-Social Behaviour.
Michael D'Arcy
Question:77 Deputy Michael D’Arcy asked the Minister for Justice, Equality and Law Reform the additional supports he will put in place for the Garda to deal with anti-social behaviour in public and private housing estates due to the failure of the ASBO legislation. [40410/09]
I attach a high level of importance to the achievement of the maximum levels of safety for local communities, in particular through the tackling of problems resulting from the misuse of alcohol. This is reiterated in the renewed programme for Government which contains a specific commitment that we will continue to target Garda actions within communities experiencing significant anti-social behaviour. In this regard, the provisions of the Intoxicating Liquor Act 2008 which I piloted through this House, particularly those relating to public order, have been of substantial assistance. A measure of the level of Garda activity in the area of public order, such as targeting public order hot-spots, is the fact that over 650,000 offences were detected since February 2002 as a result of Operation Encounter. I welcome the fact that as a result of this activity the number of disorderly conduct offences decreased by 7% in the 12 month period up to the end of September.
The Criminal Justice Act 2006 provides for civil proceedings in regard to anti-social behaviour by adults and children and sets out an incremental procedure for addressing such behaviour. The intention was that these interventions would address the problem behaviour. It is only if they fail to lead to a behaviour adjustment by the person in question that a court order will be applied for. I do not accept that these provisions are not effective. To date, 2,464 behaviour warnings have been issued. Nevertheless, as these provisions have been operating since 2007, I believe it is appropriate to review their operation to see whether any improvements can be made, and in this regard my Department is in consultation with the Garda authorities.
The IPA has conducted an opinion poll, which shows that 76% of the public rate youth crime as a major national problem. As a result, there is a significant number of people who are intimidated, whether easily or not. These people are in their homes, worried, afraid and concerned. On far too many occasions the gardaí are contacted but nobody is available to come to aid these people. The 7% decrease is a result of nobody being able to deal with the problems.
The Deputy is giving information rather than seeking it.
The question is coming.
This is relevant to the Leas-Cheann Comhairle's constituency.
Some 2,500 ASBOs have been issued but how many have gone to the final stages where the relevant people are reprimanded?
Up to 31 October 2009, 1,404 behaviour warnings were issued to adults and 1,060 to children. In addition, 13 formal good behaviour contracts were agreed in respect of children. There were three civil orders in respect of adults and three behaviour orders in respect of children issued by the court. It is an incremental approach.
How many is that in total?
There are 13 contracts, three civil orders and three behaviour orders.
That is 19 in total.
It is an incremental approach. When the behavioural warnings are issued by the Garda, they tend to be successful and ultimately tend not to criminalise people and children in particular, who must come before the court if they are to get an ASBO. I agree with the Deputy in that the issue of public order or disorder is of grave concern to ordinary constituents. That is why the Garda has dramatically increased the number of community gardaí, and there are now approximately 1,000 dedicated community gardaí whose sole job is to work in the community and deal with people at a local level.
Whereas there may be incidents where gardaí do not turn up, it is not like it was many years ago. Our constituents used to say that they never saw a garda but now the position is reversed, with gardaí everywhere because the number of gardaí is at an all-time high at 14,716 today.
The Minister could come down to my constituency and he would hear a different story.
It will not reach 15,000.
The Minister has said there are 13 contracts for children, three orders for adults and three orders for children, which indicates a complete failure of that system and the time spent in this Chamber debating legislation. The legislation is not being implemented. When will the legislation be implemented properly so that people can be safe in their homes and not be intimidated week in, week out? The gardaí must deal with them in such cases.
I would have thought the fact there are so few orders granted from the 2,500 issued warnings is an indication that the legislation is working well.
It is 0.1%.
The people who got warnings have not now come to the notice of the Garda.
Less than 0.1% of the warnings have advanced.
I would have thought the process is working well. Despite that, I have accepted that there is a perception among people, not least the Deputy, that the process is not working and I have asked my Department to have another look at it to see if we can make any changes. Ultimately, the success of the initiative is being measured by in effect criminalising young people in particular. If a young person gets a warning and behaves thereafter, we should not, for the sake of statistics, force the Garda to criminalise people by serving them with an order or bringing them before a court to get an order. It is not a solution.
The people who ignore the original warning and a contract that they may have entered into can be brought to the ultimate sanction but the process is incremental. The fact that so many warnings are given that do not end up in orders proves the opposite of the Deputy's contention.