Jim O'Callaghan
Question:1. Deputy Jim O'Callaghan asked the Minister for Justice and Equality when a new Garda Commissioner will be appointed; and if he will make a statement on the matter. [44295/17]
Priority Questions
Garda Commissioner Appointment
It is almost six weeks since the former Garda Commissioner retired. When will the Government appoint a new Garda Commissioner?
As the Deputy is aware, the Policing Authority, under section 9 of the Garda Síochána Act 2005, as amended, has responsibility for nominating persons for appointment by the Government to the post of Garda Commissioner.
This will be the first time that the new legislative process will be utilised and I have consulted the chair of the authority about a process to identify and appoint a permanent Commissioner to An Garda Síochána. We are agreed that it is crucial that a deliberate and considered recruitment process takes place in order that the best possible candidate is appointed following a selection process. We are also agreed that an overly long delay in the appointment of a new Commissioner would not be optimal for the organisation in terms of performance or morale.
I am pleased to say the authority has commenced the ground work for the recruitment process in advance of the formal triggering of the statutory process by Government. I see this process taking a number of weeks during which the authority will engage with my Department and the Public Appointments Service, which will undertake the competition on behalf of the authority. Importantly, it will also allow the Policing Authority to explore with the Commission on the Future of Policing in Ireland how it sees the future role and responsibilities of the new Commissioner. As the Deputy is aware, the commission is undertaking a comprehensive review of all aspects of policing in the State and has considerable experience and expertise around the table in that regard. I very much welcome the willingness of the commission to share its perspective with the Policing Authority in advance of completing its work, which is scheduled for September 2018. This will assist in ensuring potential candidates will have as much information as possible on the future direction of policing in the State.
Subject to the progress the authority makes in the coming weeks I expect the Government to be in a position to formally approve the authority to invite the Public Appointments Service to conduct the selection process in the coming weeks. Once the process is triggered I anticipate that it will take between four to six months to identify and appoint a successful candidate.
As I said, it is six weeks since the former Commissioner stepped down and there have been conflicting signals coming from the various entities responsible for either nominating or appointing the next Commissioner. In the immediate aftermath of the retirement of the former Commissioner, the chairperson of the commission on the future of policing stated she believed it would be appropriate that a new Commissioner would not be appointed until such time as that commission had concluded its work. That caused concern among a number of people, particularly since it is envisaged that commission may take a considerable period of time to complete its work. At the time, there was talk about a period of delay of perhaps up to 20 months or so. As a member of the Joint Committee on Justice and Equality, I was there when the chairperson of the Policing Authority came in and she answered questions in respect of the appointment also. As the Minister mentioned, the Policing Authority has an invaluable role to play in this respect. She indicated she thought that would be too much of a delay.
The Government also has a very important role to play since it appoints the person, on foot of the nomination of the Policing Authority. In particular, as the Minister is aware, under section 9(2) it is the Government that has to provide specific approval to the Policing Authority inviting it to allow the Public Appointments Service to commence the competition. When does the Minister think that role will be commenced by the Government?
I expect it will take place in the coming weeks. In that regard, let me assure the Deputy the selection of a new Garda Commissioner is a priority for me, as Minister for Justice and Equality, but also for all of my Government colleagues. It is, however, vital, and I invite the Deputy to agree with me, that we ensure the selection process put in place is one that will be capable of delivering the best possible candidate. The chair of the Policing Authority and I agree that the process must be approached in a careful and considered manner.
I am aware of the point the Deputy makes on the Commission on the Future of Policing in Ireland and the comments of the chair thereof. I again point out that the commission is not due to complete its work until September 2018. I am sure the Deputy will agree that it would not be in the public interest, or in the interests of An Garda Síochána, as an organisation or its members, to allow a state of uncertainty to surround the leadership of the national police service for such a lengthy period of time. I am pleased to say from my engagement with the chair of the commission, Ms Kathleen O'Toole, that I know she shares my concern that a careful and deliberative approach is taken in the recruitment process in order that the best possible candidate will be selected and my concern that the process should not be prolonged beyond a reasonable timeframe. I welcome the willingness on the part of the chair to bring the commission's wealth of experience and expertise to the process being undertaken by the Policing Authority and I share the Deputy's view that we should not allow an inordinate period of time to pass before filling this important position.
I welcome the Minister's comment that there should not be an undue delay. I also agree with him when he says the selection process should be designed in such a way that it will result in the best possible candidate being selected. However, when we look at the legislation, it gives some cause for concern. The legislation introduced by the former Government in 2015 provides that there must, first of all, be a competition run by the Public Appointments Service to identify who is the best candidate. The Government sees great merit in competitions being run by the Public Appointments Service. They are of questionable benefit and sometimes competitions do not result in the best and most appropriate candidate. What does the Minister believe should be the basis of the competition being run by the Public Appointments Service? Is the Government or the Policing Authority going to have any say in respect of that competition? Is it the case the Public Appointments Service is simply going to come back stating it ran a competition and here is the winner and then the Policing Authority and the Minister will be bound by that decision? We need greater selection appraisal than simply running a competition before we appoint the highest police officer in the State.
I have made it clear as regards the process that I would like it to be broadly based. I also made it clear that as far as the Government is concerned we are not ruling in or ruling out anybody in the course of the selection process for the next Garda Commissioner. The selection of the next Commissioner is a job for the Policing Authority. I am sure the Deputy will agree that what is essential is that we can ensure the best possible candidate is appointed, whether he or she a candidate internally or externally from the international stage. The Government is supportive of the authority in that regard. I am in agreement with the Deputy when I say that simply to rush matters at this stage to have a person in the post would be a mistake. I believe it is important that we allow the authority adequate time to complete its own preparatory work, including, as I said, the engagement with my Department and the Public Appointments Service which, as the Deputy has pointed out, is an important part of the process.
This will take a matter of weeks. I envisage that we will be in a position to trigger the formal process in a few weeks, but I do not believe this timeframe is unduly long by comparison with the time normally taken to fill top-level posts across the public service. I will be happy to keep the Deputy fully informed of the developments in that regard.
Penalty Points System Offences
Donnchadh Ó Laoghaire
Question:2. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if his attention has been drawn to the processes An Garda Síochána has prepared to deal with the issue of those who were the subject of a conviction related to a fixed-charge penalty notice and who may have faced consequences more significant than a fine, such as being taken into custody and loss of reputation; and if he will make a statement on the matter. [44296/17]
As the Minister will be aware, 14,700 people wrongly received convictions for motoring offences having paid fixed charges. Others - the number is not yet clear - might have faced more significant consequences such as being taken into custody and loss of reputation and other related consequences. I ask the Minister to comment on the processes the Garda has initiated to deal with this issue.
I am aware that the Garda has put in place processes to deal with the approximately 14,700 cases where people were convicted in circumstances where they should have been initially offered an opportunity to pay a fixed charge before being summoned to court. A courts process is under way to ensure wrongful convictions are set aside, with the first tranche of such cases resulting in the appeals being successful. A dedicated team within the Garda is working with the Courts Service to expedite the process to rectify these fixed-charge notice or summons errors.
All motorists wrongly issued with summonses will have their cases appealed, but it will take time to track down those who have changed address in the meantime. Legal fees should be at a minimum as gardaí are progressing the cases themselves where they can. If motorists do not respond to the first contact, they will be further contacted, including through home visits, if necessary, to ensure that all appeals are finalised.
I have been advised by the Garda authorities that, to date, there is no indication that people have suffered imprisonment as a result of a summons issuing instead of an fixed-charge notice. In the majority of cases, where an incorrect summons was issued, it was done in conjunction with summonses for other offences that were tried at the same time and regarding which penalties were applied correctly.
Since these matters came to light earlier this year, the Government, including me on numerous occasions, has made it clear to the Garda that this is a most serious matter and that the behaviour in question is unacceptable.
The Garda report and the actions under way to address these serious errors are welcome but it is important to note that, at the Government's request, the Policing Authority is producing its own report, and it will deal with these issues comprehensively. That report is due to be concluded in the coming weeks. I am looking forward to the early receipt of that document.
I am aware of the ongoing process and that there is work being done. At a meeting of the justice committee some weeks ago, I put this question to the Garda. Assistant Commissioner Michael Finn told us that as many as 119 solicitors had contacted the Garda about adverse consequences for clients. As the Minister said, nobody was imprisoned solely owing to a summons being issued instead of a fixed-charge notice. I am aware, however, of cases of individuals having been arrested. Such a case in County Kerry was reported in the Irish Examiner. The arrest entails a loss of reputation. There are many reported cases. Perhaps the lost penalty points led to a loss of a licence, which might have led to lost employment, among other implications. Considering the 119 cases raised by solicitors, there clearly are people who believe their circumstances are more severe than those encompassed by the current process being dealt with. The correspondence the Garda is sending to people is largely administrative and does not deal specifically with circumstances beyond the reimbursement of the fine and the relevant process in that regard, nor does it deal with making good any loss other than the fine. There seems to be no process. When I put this to Ms Josephine Feehily, she stated she was not aware of any process to deal with this issue.
I acknowledge what the Deputy said. If he has any information that might be helpful, he should remain in contact with the appropriate authorities. I am not aware of any instances of imprisonment solely as a result of a conviction following the issuing of a summons where a fixed-charge notice should have been issued instead. In 96% of the 14,700 cases identified, the persons concerned had committed other offences in respect of which issuing a summons was justified. I am aware, however, of recent media reports on individual cases and acknowledge what the Deputy has said in that regard. I am not going to comment on an individual case that was the subject of media attention, but I can reiterate that any case of which I have been made aware involved other offences which were correctly punished by way of the issuing of a summons. Therefore, the penalties imposed may well have been imposed in any event. There may be individual cases - again, I acknowledge what the Deputy said - where people received more severe punishments solely as a result of not being afforded the opportunity to pay a fixed charge. I believe, however, that such cases comprise a very small minority. As I said, no such cases have been brought to my attention. I will be happy, however, to communicate further with the Deputy. If he has information he feels backs up what he says, he has an appropriate avenue available to him, which I trust he will use.
The point on imprisonment is not contested, but there are reports of people being arrested at their homes and subsequently released. Obviously, this still has serious implications for their reputation.
My question, which has not been answered yet, is whether the Minister is aware of any specific process the Garda is undertaking to quantify the number of cases in which the aforesaid circumstances apply. As I said, Assistant Commissioner Finn has said 119 solicitors have contacted the Garda specifically in regard to this. Therefore, there are at least 119 people who believe that, on foot of the process as outlined by the Garda in terms of correspondence received, an administrative remedy and the possibility of reimbursement, they require further recompense, which may require an additional process. Is the Minister aware of any proceedings that have begun against the Garda or his Department regarding this matter?
I am aware of reports in the media of such proceedings having been issued but no specific instance has been brought to my attention. Even if it were, I would be most reluctant to comment on it, particularly if it were before the courts. What I can say is that, in the meantime, while all these appeals are being dealt with, every effort is being made by the Garda to ensure each case is examined individually. There are cases in which there may have been a change of address and there are instances where the places of residence of people who got a court summons were not immediately identifiable. Every effort is being made by the Garda to deal with these matters individually. While the appeals process is being engaged in, the outstanding issues can take their course in terms of whatever follow-up action may be required, if any.
Crime Prevention
Jim O'Callaghan
Question:3. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his plans to bring forward new measures to deter criminal assaults on young persons under the age of 18 years; and if he will make a statement on the matter. [44322/17]
Throughout this city and country, teenage boys are frequently being subjected to gratuitous criminal assaults. Sometimes those criminal assaults are by other teenage boys. These issues do not receive any recognition in newspapers or the national media, but the events have a very significant and negative impact on young teenage boys. Are there measures Deputy Charles Flanagan, as Minister for Justice and Equality, can take to prevent these criminal assaults which have such a negative impact on the young person, particularly given the extra difficulty that, in most circumstances, the assailant is also a teenage boy?
The Deputy will be aware that there is a range of robust legislative provisions in place for dealing with criminal assaults generally. The law in relation to assault is not defined by age. The general law relating to assault is contained in the Non-Fatal Offences against the Person Act 1997 which deals comprehensively with a wide range of assault provisions, the more serious of which carry heavy penalties, as the Deputy will be aware. That Act provides for penalties of up to five years in prison for an offence of assault causing harm and for a penalty of life imprisonment for an offence of assault causing serious harm.
While the main area of law which deals with assault is the Non-Fatal Offences against the Person Act, section 18 of the Criminal Justice (Public Order) Act 1994 created an offence of aggravated assault with intent to cause bodily harm or to commit an indictable offence. A person convicted of this offence could face a maximum penalty of an unlimited fine or a term of imprisonment of up to five years or both.
The general approach in Irish law is for the Oireachtas to set a maximum sentence in statute and to leave the precise sentence in any case to the discretion of the sitting judge who can have regard to the relevant principles and the circumstances of each individual case, including such factors as the age and vulnerability of the victim and the seriousness of the offence. An Act of the Oireachtas which arbitrarily required that an assault on a person in one age category be treated differently from an assault on a person in another age category could fall foul of the constitutional requirement to treat all citizens equally.
I advise the Deputy that the legislation in this area is kept under constant review by my Department in collaboration with An Garda Síochána. However, if he wishes to make specific proposals, I will be happy to examine them in the context of what he has just said.
The reason I tabled the question is that I was recently contacted by a mother in my constituency who told me that her 15 year old son was out one Saturday afternoon on his bicycle, he was stopped by a group of other teenage boys who took his bicycle and as if that was not enough they then proceeded to punch him. As a result he required significant dental reconstructive work but, worse, it also had a significant impact on his self-confidence, in particular as the incident occurred in the area in which he lives.
When the boy's mother contacted me I suggested she contact the Garda, which she did. She said the gardaí were doing their best, but as the Minister is aware, they can only respond on the basis of evidence that is available and prosecutions can only take place if there is evidence available. In the aftermath, I contacted other people and was astonished by the extent to which such assaults are happening on a very frequent basis. We do not see it in the newspapers or hear about it on the radio, but these events occur regularly to young men. In a way, because young teenage boys are affected, it is regarded as being acceptable and part of growing up. It is not. No young boy should be subjected to such violence.
Since it is the case that such assaults are being committed to a large extent by teenage boys, what can be done with young offenders to prosecute them and ensure there is some deterrent in respect of these matters?
I convey my sympathy to the victim of the assault and his parents, which was brought to the attention of the House by the Deputy. I agree with what he said. It is essential that we continue to do everything in our power to protect the most vulnerable in society. It seems that the case which has generated the question in the House does involve a vulnerable person, namely a young defenceless individual. As I stated, a range of robust provisions at statutory level is in place to deal with criminal assaults. I repeat that we always keep legislation under review.
When a person has been the victim of an assault as described by the Deputy, whether they have been assaulted by a stranger or by someone they know, the best way to ensure their safety is to report the incident to An Garda Síochána. The decision to report the assault is entirely that of the person concerned. In addition, there is a number of bodies who are able to provide assistance to victims of assault such as the Crime Victims Helpline. The Deputy is aware we are at an advanced stage of completion of the Criminal Justice (Victims of Crime) legislation. I acknowledge the point made and I believe society needs to be vigilant in order to ensure that the most vulnerable are protected.
The Minister is correct in stating there are robust provisions but they apply in respect of an assault being committed by an adult. If I am assaulted or the Minister is assaulted there will be issues in respect to that but it appears to be different when the assault is perpetrated on young teenage boys by young teenage boys. I read a report recently in The Sunday Times which said there had not been prosecutions in respect of young persons who had been arrested on criminal charges. We need to look again at this issue. As the mother who telephoned said to me - perhaps I am entering dangerous territory - if this was happening to young girls in the area there would be uproar about it but for some reason society seems to tolerate gratuitous criminal assaults on teenage boys. We have to send a message that this needs to stop, that it is unacceptable and it is not simply part of growing up. It is a criminal assault on young people and we need to deal with it.
The Deputy is referring to criminal assaults being perpetrated by young people on other young people. I agree that it is an issue that requires attention. Of course, there are difficulties experienced by communities and individuals due to the anti-social behaviour of some youths. One of the ways in which An Garda Síochána tackles these issues is through behaviour warnings and behaviour orders. A member of An Garda Síochána may issue a behaviour warning to a child who has behaved in an anti-social manner. A behaviour warning is very much a preliminary step which must be taken before an application can be made to the courts. Many superintendents in charge of districts are convening meetings on anti-social behaviour in order to ensure every effort is made to inform both parents and young people as to the legal situation. A considerable number of behaviour orders have been granted. Fines are imposed in respect of the breach of a behaviour order.
Since 2007 a total of 3,564 behaviour warnings have been handed out and a number of behaviour orders have been issued by the courts. That demonstrates that early intervention on the part of the Garda does have a positive effect. I take very seriously the point raised by the Deputy and do not disagree with the issue he raised.
Ós rud é nach bhfuil na Teachtaí a chur síos Ceisteanna Uimh. 4 agus 5 i láthair, bogfaimid ar aghaidh go dtí Ceist Uimh. 6.
Question No. 5 replied to with Written Answers