Willie O'Dea
Question:4. Deputy Willie O'Dea asked the Minister for Justice if she will provide an update on the development and implementation of the Garda Reserve strategy 2021-2025; and if she will make a statement on the matter. [52413/22]
Ceisteanna Eile - Other Questions
Garda Reserve
This time last year, the Garda Commissioner published his strategy on the Garda Reserve. It was a long-awaited strategy and it arose as a result of a recommendation in the report of the commission on the future of policing into the Garda Reserve. Can the Minister of State give an update to the House as to what is happening in respect of the Garda Reserve? Many Members in this House believe that it is a valuable resource, but it is not being used enough and it could play a significant role in policing our community.
I thank Deputy Jim O’Callaghan for his important question. Established in 2006, the Garda Reserve represents a real opportunity for anyone wishing to support policing and to give something back to their communities. The reserve reinforces An Garda Síochána's essential community links and provides the capacity to draw on additional resources to assist in policing. I would like to acknowledge the important contribution made by all members of the reserve who volunteer their time for the community's benefit. As part of the Government’s plan to modernise and strengthen An Garda Síochána, A Policing Service for the Future, the Garda Commissioner has developed a Garda Reserve strategy for 2021-2025, which provides a roadmap for the development of this important service.
The strategy published in October 2021 is informed by an internal review of the reserve and sets out key commitments including recruitment, training and development, deployment, governance and evaluation. A priority is a new recruitment campaign, which will be held next year and on foot of which new reservists will be appointed for five years initially. The campaign will target a broad and inclusive range of candidates, in keeping with the reserve's role as a visible form of community engagement. The Department of Justice is currently engaging with An Garda Síochána on revisions to the regulations governing the reserve ahead of the commencement of this recruitment process. Consideration is also being given by An Garda Síochána to ensuring that the Garda Reserve can serve as a pathway to future recruitment competitions for Garda members, where individuals have a desire to progress to that position.
The strategy further aims to ensure that members of the reserve are fully supported by local Garda management and that the role is recognised and promoted throughout the organisation. The Garda Commissioner has established an implementation group and oversight committee to ensure that the strategy delivers on its objectives and I look forward to working with him to increase the number of members of the reserve and in realising its full potential as a resource to policing and in providing a pathway to full-time membership of An Garda Síochána, including from minority communities. I can assure the Deputy that An Garda Síochána continues to provide support and flexibility to the reserve gardaí carrying out their functions in a voluntary capacity.
I think we all agree that the Garda Reserve is a very valuable resource and we should be using it more. One of the concerns that I have, as do many other Members of the House, is that the numbers of the reserve are supposed to be in the region of 450. Yet, this time last year, we had only 200 members working within the reserve. The Minister of State identified correctly the first priority in order to maximise the use of the reserve, which is recruitment.
We have a problem recruiting persons to An Garda Síochána. The issue in respect of the Garda Reserve is probably as problematic. We are not going to be able to recruit people if we do not start a recruitment campaign. The Minister of State referred to the strategy prepared by the Garda Commissioner. Its first strategic objective is to recruit reservists to the Garda. I am concerned that, unless we keep political pressure on the Garda Commissioner and on An Garda Síochána in general, we will not see the recruitment campaigns we all believe are necessary to get more people in. What can the Government do to ensure the recruitment campaign is effective?
One of the things we can do is to highlight the importance of the Garda Reserve and the role it can play in supporting An Garda Síochána. Recruitment to the Garda Reserve did cease and it is regrettable that there has been a reduction in the strength of the reserve in recent years. The Commission on the Future of Policing in Ireland concluded that the Garda Reserve programme was not being utilised to its full potential and recommended that future recruitment to the Garda Reserve should be paused pending the outcome of a comprehensive strategic review to examine how best to structure the reserve to meet the needs of An Garda Síochána. An Garda Síochána has now completed this review and published its new reserve strategy on 19 October 2021. I assure the Deputy that An Garda Síochána will have the full support of the Government in implementing the new reserve strategy and in beginning a new recruitment process to increase the number of Garda reservists. The current number of reservists as of 31 August 2022 is 389. I am informed that a total of 72 Garda reservists attested in 2021 while only one attested in 2022 due to the pausing of recruitment while we waited for the implementation of the new strategy.
If the difficulty in recruitment is overcome, the next issue is to determine what strategic role the Garda Reserve should have. The statutory power to decide what role it should play is provided to the Commissioner, who can decide that in consultation with the Policing Authority. We need to see the Garda Reserve taking on broader functions and roles. There is sometimes tension between An Garda Síochána and the Garda Reserve. There is nothing unusual about that. It happens throughout the world wherever there is a reserve police force. However, there are many significant roles the Garda Reserve could play in which it is not involved as yet. For instance, the Minister of State will be aware that colleagues of ours in Fianna Fáil and I have called for the establishment of a transit police. There is no reason not to use the Garda Reserve on some public transport as a pilot project in the first instance to ensure that people on public transport feel safer. The reserve's role also needs to be expanded beyond policing crowds at matches and duties such as that.
The Minister of State said there would be recruitment next year. When next year will that be? Will it be in January, February, March or December? What does he envisage will be the strength of the Garda Reserve over time? What is the target in that regard?
My question on the Garda Reserve is the same. When will recruitment commence next year? There is a significant shortage of gardaí in my area of County Carlow. I have written to the Garda Commissioner to ask about recruitment in my area but the Garda Reserve plays a significant role, particularly in communities. The biggest issue that comes up in our joint policing committee is the lack of gardaí in communities. The Garda Reserve has a significant part to play and does a great job. I ask that this happen as soon as possible. I also ask that we get more gardaí in Carlow and request an update on the opening of the Garda station in Leighlinbridge.
I reiterate the important role of the Garda Reserve, which is the reason a review was carried out to examine how to ensure that Garda reservists who attest in the future can play that important role and feel comfortable within their role in supporting An Garda Síochána. It also considered how to ensure that recruitment to the reserve reflects society. The breakdown of the current 389 members of the reserve is that 26% are women while 74% are men. As to when recruitment will be carried out, I expect it will be in the second half of next year. In the first half of the year, we will undertake further recruitment to An Garda Síochána itself. We will look to Garda Reserve recruitment thereafter.
Departmental Priorities
Joe Carey
Question:5. Deputy Joe Carey asked the Minister for Justice if she will outline her legislative priorities; and if she will make a statement on the matter. [51444/22]
Tógfaidh an Teachta Bruton ceist an Teachta Carey.
I would be interested in learning of the Minister's priorities. What I hear from ordinary members of the public is frustration in respect of appropriate and consistent sentencing, support for the position of victims in the system and the need to embed the multi-agency approach she has been successfully rolling out in a number of particularly difficult communities. I would like that enshrined more strongly in law.
Whether it is antisocial behaviour, crime or wider issues we are dealing with, we need to ensure we have that multi-agency approach. We have seen this in the task force in the north inner city, the Vivian Guerin report on Drogheda and, more recently, the piloting of community safety partnerships. This is a structure that works. With the support of Government, it brings State agencies together with An Garda Síochána, local communities and local businesses. We are asking communities what resources they need to keep them safe and what are the issues on the ground. It is specific to individual communities. A key component of the new Policing, Security and Community Safety Bill 2021 is enshrining this right throughout the country and ensuring that every community has a community safety partnership and sets out its own plan that will be supported and resourced through the agencies with An Garda Síochána and supported by Government.
We have recently seen results in Drogheda, where there have been significant levels of crime, great amounts of antisocial behaviour and deprivation in certain areas. Following on from a report that was built up by the community, we are now investing in educational services, we have seen increased numbers of gardaí, including community gardaí, on the ground and we have had successful applications to the community safety innovation fund, which is money being taken from criminals and put back into communities. That is the type of response people want. It deals with issues around antisocial behaviour and issues of deprivation because it does not just look at things from a justice perspective. It allows people to feel part of the process of improving safety in their own communities.
Problems have also arisen in a number of different areas in the Deputy's constituency, specifically in Darndale. A report was carried out on that community. We now need to make sure that the pilot programmes in Drogheda and the inner city are expanded quickly. There will be a number of smaller, more targeted pieces of work with regard to that multi-agency approach and the plans in communities. These will be rolled out over the coming weeks before being spread out more widely in the next year and a half in order that every county will have that same type of approach, investment and commitment from Government.
I am heartened by the Minister's response. The speed of implementation will be the issue. I will ask her about other issues I am concerned about. There is still a sense among the public that appropriate and consistent sentencing is not a feature. It causes immense upset to feel that some serious cases are not treated seriously enough by the courts while the opposite occurs in other cases. There is a need to strengthen the victim's position, in which I know the Minister has taken a keen interest. Is she considering further legislative proposals to give more reassurance on consistency of sentencing and support for victims?
With specific regard to victims, the victims' forum was established in the past year. It brings together quite a number of different representative groups and organisations that support victims and survivors and consider what more we can do through policy, legislation or funding supports. That work is ongoing. We have identified a number of key strands to work on initially. Domestic violence is one of those. My plan, Supporting a Victim's Journey, is focused solely on how to support victims through the criminal justice system.
With regard to sentencing, while there needs to be a focus on prevention, we need to make sure that, where serious crime happens, there are serious consequences. Last week, the Criminal Justice (Miscellaneous Provisions) Bill 2022 reached Second Stage. Through the Bill, I will increase the penalty for assault causing harm from five to ten years. At the moment, people who break into someone's home or damage property can get up to ten years in prison while people who stab others who subsequently recover may get less than five years. It is important that people see that the Judiciary is capable of imposing significant sentences where serious crimes are committed. That is something people want to see.
I am happy with the Minister's reply. Consistency of sentencing remains a problem but I realise there are limits to what a Minister can do in respect of decisions taken by courts.
More broadly, the Judicial Council is looking at sentencing in general and trying to provide guidelines. It has started this work and is looking at a number of areas, one of which is sexual offences, and is making sure there are guidelines set out for the Judiciary. Our role here in the Oireachtas is, more generally, to set the upper limit. We have some crimes where there is a minimum sentence but that is in very few instances. There is a review under way on that at the moment. Separate to increasing the sentence around assault causing harm, we are increasing the sentence for conspiracy to murder. It is not in line with murder, which is a life sentence. Just because somebody fails in their attempt to murder someone, the intent is still there and the punishment should be no less. We are also looking at, for the most serious of crimes, giving a judge the opportunity to say a person should serve a certain amount of time before they come before the parole board. That would be more than 12 years, which is currently the statutory number. If somebody commits multiple murders, serious sexual assault, rape, or any penalty that could result in a life sentence, it would be within the remit of the judge to say that a person must serve a minimum term of 20 or 30 years, or even longer, before they could come before the parole board. We need to make sure people know that if serious crimes are committed, the Judiciary has the flexibility to prescribe significant sentences.
Antisocial Behaviour
Richard Bruton
Question:6. Deputy Richard Bruton asked the Minister for Justice the trends in antisocial behaviour since the end of Covid that require changes in the policy approaches taken by her Department; and if she will make a statement on the matter. [51943/22]
Since Covid, many people feel antisocial behaviour has rapidly deteriorated, has shifted its pattern and is perhaps even worse than it was pre-Covid. What are the trends in what is being reported to the Minister? What innovative approaches is the Minister considering in this regard? She has outlined some of them already.
If we look at the crime trends overall, which are based on pre-Covid numbers, most cases, including theft, burglary and assault, are actually down. Where we have seen crime increase is around sexual offences and domestic violence cases. That said, any type of antisocial behaviour or crime is something we need to be able to respond to. We are trying to look at antisocial behaviour in a number of different ways. I have mentioned the community safety partnership and how important that is in looking at things from a holistic point of view. That involves supporting the Garda in its role but also looking at the community as a whole, making sure the supports and resources are there to lift communities, particularly those that are in deprivation or where significant community issues have arisen.
We also have to make sure gardaí have the legislation and the equipment and tools to do their job. We have provided legislation giving gardaí powers to seize and stop the illegal use of scramblers, which has impacted a number of communities. We are introducing legislation around community CCTV. We have had issues with GDPR in recent years, so that will allow a process by which communities can engage with local authorities and the Garda to put up community CCTV. We will have body-worn cameras, which is helpful for the Garda when dealing with antisocial behaviour and this type of environment, but also helps create a picture of what exactly happened when it comes to the courts.
I have already mentioned the community safety innovation fund. This is a new fund, which many of our colleagues have called for for years and reinvests the proceeds of crime directly back into communities impacted. We also have a significant youth justice strategy, which the former Minister of State, Deputy Stanton, and now Deputy James Browne, have been implementing. In the last year and a half alone, that strategy has seen €6.7 million provided, with another €2.5 million this year. This is about providing services and supports to people prior to getting into a life of crime but also supporting their families when they are in it. That is going to be an important part of dealing with some of the antisocial behaviour issues.
I am very heartened by the approach the Minister and the Garda have taken on O'Connell Street with the new Garda station, the extra presence and the role of wardens. New York adopted a broken windows strategy when there was a problem there that was quite deep-seated. It involved real-time information and everyone working together and being accountable close to daily. Is that a realistic approach? How accessible are those sorts of data in order to have that more hands-on accountability? On the community partnerships, which are crucial to making progress on this and building the partnership and confidence of the community, how quickly can we move from the pilot schemes, which are making real progress, to that model being available countrywide?
The Deputy mentioned wardens. This was a successful application through the community safety innovation fund where inner-city gardaí went to Derry and looked at how things operated there. These are wardens based on O'Connell Street and surrounding streets who will identify where issues are emerging. They will engage with groups and work with gardaí to try to prevent incidents or support them in stopping them from escalating. I hope we will be able to replicate the many projects that were successful this year as part of the community safety and innovation fund and see them put in use, not just in the areas that were successful but right across the country.
Regarding real-time information, we can look at Operation Citizen, for example. I visited Pearse Street Garda station recently before the gardaí went out on the beat. They are very much working with real-time information. They look at persons of interest, where there were issues the day before, what areas they need to be in in the city centre, who they need to engage with and where there are other people they then need to communicate with. That is a way for the gardaí who are involved in the community safety partnerships, which link in with Dublin City Council, community groups, businesses and others, to communicate and share that real-time information. That is already happening but perhaps there is a more structured way it can be done with other groups.
The key to using real-time information is that people are accountable. As I understand it, the key to the success of the strategy in New York was that when dereliction appeared or when things were broken, they were quickly repaired. There was a commitment by other bodies to respond, not just a policing commitment, although that is of course welcome. That has a bearing on a lot of our problems with dereliction. Where crime develops, it is because of these things not being attended to in a timely way. These places become a shelter for activities that communities do not want to see and it escalates in that way. We need to bring more people into that daily responsibility for containing these sorts of threats.
I commend the Minister and the Minister of State for working on the youth justice strategy. It is a slow burner but there are real benefits in it. Has the Minister given consideration to expanding the community alert service across the country? There was a time when there were joint policing committees, JPCs, in every municipal district. That is not the case now. They are only at county level, which brings them away from the local aspect. I asked the Minister to have another look at the earlier question about the Garda Reserve. It is very disappointing that that might not happen until this time next year. It should happen early next year, not later.
I agree with Deputy Bruton. The community safety partnerships have somebody working full-time on that. It should be the case that when gardaí come across an issue, they can feed it directly back to the person in the office, who can then deal directly with the local authority which deals directly with the local businesses. It can be used in that way. That is something I will take back and engage with the partnerships on to see if that is happening. If not, it should be happening because it is a very good idea. With regard to the timeline, one of the pilots has been launched in Longford and the other two are being worked on. The intention is that by spring of 2024, we will be putting every single JPC in a position where they will transition into a community safety partnership. We need time to see how these are working currently but there will be a natural crossover in spring 2024 when the JPCs can be turned into community safety partnerships.
I am sorry; I did not hear the first part of Deputy Stanton's question.
I was asking about expanding the community alert service and changing the JPCs to municipal district level.
The JPCs will be developing into community safety partnerships. I appreciate that not everybody will welcome that change. They have served a fantastic purpose to date. They have worked very well but we need to have that multi-agency approach where it is not just the local authorities. Regarding the reserve, unfortunately, the reason it will be the latter half of next year is that we are starting a new Garda recruitment campaign. The concern is that if the two were to happen at the same time, they would be pulling from the same pool. I take what the Deputy is saying about it being too far ahead.
Drug Dealing
Brendan Smith
Question:7. Deputy Brendan Smith asked the Minister for Justice the additional measures that will be introduced to reduce access to illegal drugs which are causing serious problems in communities throughout the country; and if she will make a statement on the matter. [52114/22]
As we are all aware, drug dealing is causing untold damage to individuals, families and communities throughout every part of our island. At one time we thought those activities were confined to major urban areas but nowadays, unfortunately, no area is exempt from such problems. The response to the drugs issue must be multifaceted. Reducing access to illegal drugs has to be a critical component of that policy. Health, education and preventative measures are extremely important. Collaborative work across all areas of government is also essential.
I thank Deputy Smith for raising the important issue of reducing access to illegal drugs.
My Department and the whole of government are acutely aware of the sustained and significant damage that drug dealing has on communities right across the country. I assure the Deputy that tackling drug dealing and associated criminal activity, including by organised crime gangs, is a top priority for An Garda Síochána and the wider Government. The additional resources allocated to An Garda Síochána in recent years enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime. These include the armed support units, the Garda National Drugs and Organised Crime Bureau, the Garda National Bureau of Criminal Investigation and the Criminal Assets Bureau.
The Government’s strategic approach to the misuse of drugs is health led, under the National Drugs and Alcohol Strategy 2017 to 2025: Reducing Harm, Supporting Recovery, with the intention being to reduce demand while balancing this with limiting access to illegal drugs to the greatest extent possible.
Sustained action by An Garda Síochána to tackle supply continued throughout the pandemic, resulting in increased convictions and ongoing seizures of drugs, as well as volumes of firearms, ammunition and cash that inevitably accompany this very serious organised criminal activity. The Garda National Drugs and Organised Crime Bureau is also having significant success in disrupting the supply of illicit drugs by organised crime groups. Its work is supported by divisional drugs units nationwide and by all gardaí working in local communities, while working closely with international law enforcement partners. Gardaí continue to work closely with local authorities, the HSE, NGOs, community groups and other State agencies to tackle the problems of drug addiction and abuse.
In 2021, the Garda National Drugs and Organised Crime Bureau seized around €64 million worth of illicit drugs and around €6 million in cash. More recently, in a Revenue joint operation in Balbriggan this month, the Garda National Drugs and Organised Crime Bureau seized €226,000 worth of cannabis. More broadly, the Garda Operation Tara has a strong focus on tackling street-level dealing throughout rural and urban Ireland.
I thank the Minister of State for his reply. I also commend An Garda Síochána and the other statutory agencies on their work in trying to cut off the supply of illegal drugs. We know they are dealing with dangerous criminals and drug traffickers who are part of an international industry. This is not only a national issue. These international gangs are wreaking havoc on individuals, families and communities.
The Minister of State spoke about the additional resources to the different specialist units of An Garda Síochána. While that is welcome, we need additional resources for the individual drugs units within every Garda division. We have been told we have X number of personnel attached to the drug unit today in comparison with two or three years ago but the problems have multiplied in the meantime. We need more and more resources to tackle the increasing problems associated with drugs. I am talking about dealing with the people who are peddling drugs to make huge money. They are wreaking havoc on individuals and families. They must be dealt with as severely as possible to ensure their ill-gotten gains and supplies are cut off.
I am advised by the Garda authorities that as of 31 August, there were 385 Garda members assigned to the Cavan-Monaghan division, representing an increase of 20% since the end of 2014, when the Garda College reopened. This figure includes 15 community gardaí assigned to the division as of 31 August, up from seven in 2014. Garda members in the division are supported by 57 Garda staff, which is an increase of more than 50% since 2014. The Deputy will also be aware that the Cavan armed support unit centre was officially opened on 16 October 2021. I am advised by the Garda authorities that the armed support unit centre at Cavan is operating on a permanent footing, is providing 24-7 coverage and is sufficiently resourced. For operational and security reasons, I cannot comment on the exact Garda resources assigned to this particular unit.
The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks at international, national and local levels involved in importation, distribution, cultivation and production, local street-level dealing and the sale and supply of controlled drugs in urban and rural areas.
I fully agree with the Minister of State and I very much welcome the introduction of the armed support unit in Cavan in 2020. It was a measure that I and other public representatives in the Cavan-Monaghan area had called for. The unit is doing extremely good work.
As I said, I fully appreciate it is not just criminal sanction and enforcement measures that will rid our society of the drugs problem. Perhaps this is outside the scope of the Department work but the regional drugs task forces and the drug awareness units in different counties are doing exceptionally good work. The Cavan-Monaghan drug awareness group does exceptional work in helping young people to get their lives back together again through a process of education and training. That type of work must also be given greater resources. The Department, the Department of Health and other statutory agencies must give greater impetus and more resources to the work of those groups at local level. They are dealing with the victims of the drug pushers and peddlers. I have seen at first hand the good work and good results for individuals that come about through small Government investment.
As I said in the House yesterday, we can all accept that the war on drugs has been lost. We are going to need a citizens' assembly on drugs as soon as possible. We obviously need a more novel approach because what we are doing at the minute is not working. That is not to say we do not need criminal sanction and resources to deal with dangerous criminals. Drug debt intimidation is one of the serious issues that comes across my desk too often. I have spoken to the Minister and the Minister of State previously about funding for organisations that are doing great work, particularly with addicts and with families, for example, the Family Addiction Support Network, Turas, and the Red Door Project. We must ensure funding is provided to them but we must also deal with these dangerous criminals that have communities under the cosh. We must deal with them from a criminal justice point of view but, beyond that, we also need to support our communities. We need family and community supports at an earlier stage.
I agree with everything Deputies Smith and Ó Murchú have said with regard to sanctions, resources and dealing with the people who are making a lot of money out of this. Has the Minister or the Minister of State looked at the Portuguese model of dissuasion, which is at the other end of the spectrum? That seems to have produced major work so far. I visited Portugal a number of years ago when I was a member of the justice committee and I was highly impressed. I ask the Minister to revisit that novel approach.
I emphasise the need to address the ever-growing problem, which has been referred to, of petty crime and the terrorism of some groups of mischief makers, for want of a better description, who are terrorising their neighbours in housing estates all over the country at an increasing pace.
In response to Deputy Durkan, we had a meeting yesterday afternoon with the antisocial behaviour forum and we had the Housing Alliance in. Our specific focus was on the issue of antisocial behaviour in housing estates. The antisocial behaviour forum will set up a subgroup to look at that particular issue.
I will get Deputy Stanton a specific answer on the issue he raised. If it has not been looked at, we will certainly have a look at it.
With regard to Deputy Ó Murchú's points, I believe every one of the organisations the Deputy mentioned has received funding this year, including in the past couple of weeks.
To respond to Deputy Smith, who tabled the question, tackling these issues is not simply a matter for An Garda Síochána. It requires a whole-of-government and whole-of-society approach. Supporting all of the organisations that help in the community to tackle the scourge of drugs is critical. In the past week, for example, two groups in Monaghan have been funded under the community safety innovation fund.
This funding was for the personal and community resilience booklet, developed by Monaghan fire and civil protection, and the advancing community safety in Monaghan project, developed by the Monaghan joint policing committee. The projects are funded from assets seized by CAB and that funding has been increased in the most recent budget. We look forward to granting further funding next year.
Sentencing Policy
Joe Carey
Question:8. Deputy Joe Carey asked the Minister for Justice her views on whether the punishment must match the crime; if she is considering introducing legislation to increase the maximum sentence for any crime; and if she will make a statement on the matter. [51443/22]
I will be interested to hear from the Minister what reporting on sentencing policy is provided to the Judiciary, the Minister and the wider public and her intentions in relation to changes in sentencing policy in particular areas.
There is work that needs to be done on reporting policy. There is currently a strong focus on the modernisation programme in the Courts Service and one of the biggest challenges in moving to a more digital courts system is the fact the information we have is difficult to collate, is not collected in the same way everywhere and is not necessarily reported on in the same way. Investment and the work of the Courts Service will provide us with a much better system, whereby sentencing, the number and type of cases and any information we need is present in a more structured and formatted way than we currently have. We do not have an appropriate system when it comes to types of cases, types of sentencing and various pieces of information coming into the courts. That is being worked on and a significant investment has been provided in the two most recent budgets.
More generally, in relation to sentencing, what a judge decides in a courtroom is up to the judge but it is the role of us in the Dáil and Seanad to make sure we have appropriate legislation in place. A review of minimum sentencing is under way. There are two or three areas, specifically around drug-related offences, where we have minimum tariffs but, for the most part, we are looking at areas where we have maximum sentences. There are a number of changes afoot, which I mentioned earlier. One involves increasing the maximum sentence for assault causing harm, which is currently five years. I believe it should be higher, specifically in the many domestic violence cases where a person pleads guilty and for a variety of reasons or because the victim has recovered, the sentence can be reduced to two years or even less. That is not appropriate and we are increasing the maximum sentence to ten years.
Conspiracy to murder is another area where we are increasing the sentence. A person may fail in an attempt to kill somebody but the intent is no less there. We are increasing the maximum sentence in such cases to life in prison. We are making sure in the cases of non-fatal strangulation and stalking, which are being made stand-alone offences, that it is clear that these are significant offences. There will be increases in maximum penalties.
Hate crime legislation is being introduced. Where we do not have an aggravating factor or a specific hate crime, this will reflect the severity of this type of crime and we will see an increase in sentencing overall.
I welcome those changes. Among the most damaging impacts on people are the root of hate crime and the sorts of things that happen through social media, on which we are probably not up to speed.
On a more general point, in policy spheres that I know quite a bit about, sunlight is the best disinfectant. It is disappointing to hear that we are not getting accountability for the consistency of sentencing we need. I urge the Minister to get to grips with that. There is a separation of powers and judges have to be treated independently, but reporting on what happens in our courts is an entitlement of the public. We cannot make proper decisions about minimum and maximum sentencing if we do not have access to such information. If that work could be accelerated, it would be a real step forward.
It is important that we have information on anything we do. Any policy decisions we make have to be backed up by facts. That applies in any Department or role.
The focus of the modernisation programme is to ensure we have a more efficient system that people can use online, rather than the paper-based system on which the justice sector is still reliant, and one that allows us to gather the data and information we need to develop policies.
The Judicial Council is working on sentencing guidelines, which will be very helpful in setting out a clear pathway specific to various types of cases, working in line with the legislation I have just mentioned and the various changes we may or may not make. We have seen how judicial guidelines on insurance costs have started to have a significant impact and how important it is to have that information and those data and to understand the impact of those data on the cost of insurance and how that impacts on community groups and others. We have been able, in certain instances, to use data to effect positive change. That is what I hope to do once the modernisation programme is complete.
I welcome that. It is wrong to try to make decisions on appropriate sentencing entirely in the dark in relation to what is happening already in the courts. It is important that we inject urgency into achieving consistency by judges and in the guidelines issued to them, as well as the report back on that. Until we have made the transition from paper to digital, we should introduce an interim measure to get greater access to that information in the intervening period.
I am cautious about how to word this supplementary question but it will be carefully worded.
As long as it is relevant to the question.
It is relevant. In the fight against crime and injustice, I ask that an investigation be carried out into whether moneys from the justice Vote might be being used by others in instances in the family law courts in a way that could be counter to the principles of natural justice and due process.
Deputy, you are-----
I know what the guy said.
No, not what the guy said. I ask the Deputy to resume his seat. That has no relevance to the question. I gave him discretion in his previous contribution as well. Contributions have to be relevant to the question.
That is relevant to the justice Vote.
It may well be relevant to justice, but it is not relevant to the written question before us. I will leave it at that. I ask the Minister to conclude.
The Minister might reply.
No, the Minister is to conclude on the written question.
I probably should have stressed that, while we are working on the modernisation programme and while we need to have a more effective way to gather data in the courts, information and data are available. For example, the increase in the maximum sentence for assault causing harm from five to ten years has come about through reflecting on other sentencing, working with the DPP and getting information through other sources. There is information available that is helping to feed into policy where changes are needed. On the whole, the modernisation of the justice sector, including my Department, the Garda, the Courts Service and the Prison Service, is very important and will be a valuable tool in ensuring that the information we have is at our fingertips and readily available.
I mentioned the report in which Brigid McManus looks at the number and type of judges we have, and there is the OECD work. Work like that will not be delayed in the way it has been once we have those structures in place. It is not to say there is no information or work being done gathering that but it is one part of the puzzle and will tie many bits together.
Legal Aid
Pauline Tully
Question:9. Deputy Pauline Tully asked the Minister for Justice her plans to increase the financial and human resources available to the Legal Aid Board to enable persons with disabilities to vindicate their rights in court, in view of the fact that the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 is close to completing all Stages of the legislative process and the decision support service will open thereafter; and if she will make a statement on the matter. [52429/22]
What are the Minister's plans to increase the financial and human resources available to the Legal Aid Board? I ask this in particular to enable persons with disabilities to vindicate their rights in court in view of the fact that the Assisted Decision-Making (Capacity) Bill will be commenced in November 2022, and for the Minister to realise her obligations under the UN Convention on the Rights of Persons with Disabilities, UNCRPD.
We continue to support the Legal Aid Board through allocated funding. The board delivers services through directly employed solicitors in its network of law centres around the country and private solicitors from its private practitioner panels.
The board operates a total of 34 full-time law centres along with a number of part-time centres and 20 family mediation centres. Eight of the law centres and family mediation offices are co-located. The board is independent in its functions. I am aware and appreciative of the important work it does. Overall funding amounted to €47.9 million in 2022 and an additional €3 million was allocated in this year's budget to support persons under the Assisted Decision-Making (Capacity) Act.
It is currently planning its arrangements to provide services under the Act and has made a submission to me for the purpose of creating a private practitioner panel of solicitors to provide this service.
As the Deputy will be aware, the programme for Government commits to commencing the Assisted Decision-Making (Capacity) Act 2015, recognising the importance of the much-needed reform that it represents. The Act will bring into effect a new legislative framework to support decision-making by adults with capacity difficulties. It provides for a three-tier framework of decision-making assistance arrangements, co-decision-making agreements and decision-making representation orders.
The 2015 Act also provides for the long-overdue repeal of the Lunacy Regulation (Ireland) Act 1871 and the bringing to an end of the system of wardship for adults. All existing wards of court will be discharged over a three-year period and, if appropriate, they will be transitioned to a decision support arrangement under the Act.
In order to commence the Act, a number of amendments were required. Responsibility for the Assisted Decision-Making (Capacity) Act 2015 now rests with my colleague, the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, and his Department. He is progressing the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 through the Houses of the Oireachtas. The Bill contains those necessary amendments to enable the commencement of the full legislation as soon as possible thereafter. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 proposes amendments to the provisions of Part 7 of the 2015 Act relating to enduring powers of attorney. When it is commenced, new enduring powers of attorney will be required to be created in accordance with the 2015 Act. It will no longer be possible to create an enduring power under the 1996 Act once Part 7 has been commenced.
A whole section of the UNCRPD is dedicated to access to justice. While approximately 643,000 people in this country identify as disabled, there were only 73 complaints in 2019 to the Workplace Relations Commission, WRC, in relation to the Equal Status Act. Maybe there is a lack of awareness as to how this is dealt with or there is confusion about the role of the WRC. People may assume it deals with workplace relations but it actually deals with discrimination in access to goods and services as well.
Free legal aid suggests the service is free but people are expected to make a contribution, which is sometimes significant. According to the National Disability Authority, only half of disabled people of working age are likely to be in employment. A greater concern is the wait time for access to the Legal Aid Board, which was 44 weeks in January 2021. For someone taking a case to the WRC under the Equal Status Act, that is far too long. There is a further anomaly as the Legal Aid Board is precluded from representing people at tribunals such as the WRC. Disabled people cannot afford private legal representation in many cases, whereas employers and businesses can, and that leads to further inequality.
I stress the important work of the Legal Aid Board. A review is under way to identify how the board can support even more people and examine the structures in place, which have never been amended, to increase the number of people who can access the support among those who need it. This new legislation will require additional resources and will require us to ensure legal support is available for people who need it. A sum of €3 million was allocated in this year's budget for that reason. As I mentioned, the Legal Aid Board is making its submission to try to put these resources in place for when the legislation is agreed. To return to a previous point, we will also need additional judges to ensure the legislation can be implemented. Funding is in place and we will have a report from Brigid McManus in a couple of weeks. All this will ensure that when the legislation is up and running, people can have access to justice, whether that means getting support through the Legal Aid Board or being able to go to court when that is necessary. Over time, the funding will need to increase but it is important that we have this money available to start and that when the legislation is passed there is nothing holding it up. This started when I had responsibility for mental health which is a while ago at this stage. It is important that nothing prevents it from progressing.
Extra resources are vital and I welcome that they will be provided. Legal aid should be made available to people who want to take a case for discrimination to the WRC. Perhaps there could be a stand-alone body or a separate division within the WRC under a new name, which would be accessible and clear about what it has to deal with in order that people will know exactly where to go with complaints.
The Minister indicated that wardships will be phased out under the Assisted Decision-Making (Capacity) Act. A constituent has told me that her son, who is currently subject to a detention order in a residential setting - we are not quite sure why - is to be made a ward of court in the coming weeks or the case will come before a court. Surely that practice should not be continuing now that it is planned to phase out wards of court come November. As the Minister says, it will take about three years to remove all those affected from wardship. That will take considerable legal resources. The practice should not be continuing at this stage. Will the Minister provide clarity on that?
While I am not aware of the exact details of the case, I know the Minister intends to have the legislation enacted in the coming month. While there might be a lead-in period, the Deputy is right that this legislation will be in place and should be implemented early in the new year, at the latest. Without knowing the details of the case, I am not sure why that would be progressing in that regard.
On what people can access when they go to the Legal Aid Board, a number of areas will be considered in the civil legal aid review chaired by former Chief Justice Frank Clarke. The work has started and the review has members from across the board. They include representatives of marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which currently administers the scheme. The review will examine not only who can access legal aid, funding thresholds, etc., but also other elements. I have no doubt that will be part of the overall review.
Citizenship Applications
Jennifer Carroll MacNeill
Question:10. Deputy Jennifer Carroll MacNeill asked the Minister for Justice her views on the possibility of including time accrued with student and graduate visas towards the five-year residency required to apply for citizenship; and if she will make a statement on the matter. [51376/22]
I seek the Minister's views on the possibility of including time accrued on student and graduate visas in Ireland towards the five-year residency required to apply for citizenship.
We welcome anyone who wants to come to Ireland to study, spend time, live here and pursue a course of study, whether part-time or full-time. When a non-EEA person comes to Ireland to undertake an English language course, or a course at level 6 or above on the national framework of qualifications, NFQ, a stamp 2 student permission will be granted. It was always envisaged that time spent in Ireland as a student would be relatively short and, therefore, not reckonable as residence under the Irish Nationality and Citizenship Act 1956, as amended. However, I can confirm that periods of residence that are spent on the third level graduate scheme stamp 1G are reckonable for residency purposes for naturalisation. When a non-EEA student has completed his or her studies in Ireland and gained an award at level 8 on the NFQ or above, that person may qualify for a stamp 1G for 12 months. Where an individual receives an award at level 9 NFQ, he or she may qualify for a stamp 1G for up to 24 months, subject to the overall limit of eight years on student conditions that applies.
Following the period on the stamp 1G, it is open to the graduate and any prospective employer to make an application to the Department of Enterprise, Trade and Employment for an employment permit. If the application is successful, the individual can register on a stamp 1 immigration permission. Thereafter, it is open to any person who has been legally resident in Ireland for a minimum of 60 months, that is, five years, to make an application for long-term residency or naturalisation, subject to meeting the required criteria.
For permission to be renewed, students must prove that they are progressing in their course, for example, passing exams. For those here studying English who are on courses at a certain level, this will not be applicable. However, where someone is a graduate, in this country for a longer term and progressing in his or her studies, that stay will and can be reckonable towards a longer term citizenship or naturalisation process.
That is very helpful. I thank the Minister. Will she provide an update on approximately how long it is taking to process citizenship applications?
We receive between 12,000 and 13,000 citizenship applications per year. We had challenges through the Covid-19 pandemic, specifically where the in-person citizenship ceremonies could not take place. To try to respond to that, we have made a number of different changes to the process itself to try to speed it up and make it easier for people to apply and go through the system. We have also started an online citizenship ceremony, which was a novel way to give people their citizenship. Thankfully, while Covid-19 is still here, although in a different form, we have been able to have in-person ceremonies again.
The overall timeframe for processing applications has fallen to just over 12 months. It was much longer previously. Some cases may take longer, depending on challenges that may arise, but the time is decreasing even with 12,000 or 13,000 applications annually. We want processing times to be as short as possible.
Traveller Community
Paul Murphy
Question:11. Deputy Paul Murphy asked the Minister for Justice if her attention has been drawn to the launch of the Irish Travellers' Access to Justice landmark report, published recently by the University of Limerick, which found that Travellers' trust in the Irish criminal justice system is extremely low; and if she will make a statement on the matter. [52181/22]
In June, the University of Limerick published the results of a groundbreaking new study that examined the relationship between Travellers and the Irish criminal justice system. The report details that Travellers' trust in the system is extremely low and that fears of wrongful arrest, excessive use of force, wrongful conviction, disproportionately high sentences and wrongful imprisonment affect how Travellers engage with and experience the criminal justice system. Will the Minister of State undertake to respond to the report with wide-ranging systemic changes?
I thank the Deputy for raising this important question. The Irish Travellers' Access to Justice report, published by the University of Limerick in June, is a welcome and valuable contribution to research and evidence in this important area. It is clear that there is a lot more work to be done, building on the significant work under way across the justice sector, to engage more effectively and equitably with Irish Travellers in line with our values and statutory public sector duty, in addition to the National Traveller and Roma Inclusion Strategy.
In particular, An Garda Síochána is committed to providing a human rights-focused policing service that protects the rights of all people with whom it comes into contact. This is at the heart of the Garda code of ethics and the Garda decision-making model and has frequently been referred to by the Garda Commissioner, who has put a strong organisational focus on equality, diversity and inclusion. The Garda is seeking to embed the principle that human rights are the foundation and the purpose of policing in Ireland and has demonstrated this in recent years through the work of the Garda National Diversity & Integration Unit, GNDIU, and the publication of an equality, diversity and inclusion strategy and action plan. An Garda Síochána ran a diversity internship programme over the past nine months aimed at highlighting pathways to employment in the organisation for minority communities, including Travellers. The second phase of this very successful programme was recently advertised by the Public Appointments Service.
It is vital to upholding trust in policing that police powers are exercised in a consistent and unbiased way and that marginalised individuals and groups are not disproportionately impacted. The forthcoming Garda Síochána (powers) Bill will address the recommendation of the Commission on the Future of Policing in Ireland that, for the purposes of clarity and transparency, police powers of search, arrest and detention should be codified and supported by statutory codes of practice. This is supported by relevant training to ensure that members have the personal and professional expertise and cultural awareness to police Ireland's diverse communities in a proactive and appropriately inclusive way. An important role is played by the Judicial Council in ensuring public trust and confidence in the Judiciary.
I thank the Minister of State. The problem is that it is clear from the research and from talking to Travellers that they do not experience a policing model that is focused on human rights. The report found that half of those surveyed had been present in a home that gardaí entered without permission. They found that 64% of Travellers in Garda custody in the past five years said they did not feel safe while in custody. When they were asked about the last time they were stopped by a garda, 59% of them said they believed they were stopped because they were a Traveller. Of those who believed they were racially profiled, 53% said the garda who stopped them had a reputation for stopping Travellers and 23% said the gardaí who stopped them had said something about their Traveller identity or Travellers generally that explained why they felt they were being stopped because of being a Traveller. The findings give a sense of Travellers' lived experience of State racism. It requires a change of approach because the current one is clearly not focused on human rights.
I am very much aware that Travellers are significantly over-represented in the prison population. The Irish Prison Service is providing targeted supports, including adult educational programmes, which cater to the specific needs of the Traveller community. Traveller liaison teachers have been appointed in each educational centre. The service has also introduced peer support services, peer-led mediation and the training of Traveller volunteers for the Red Cross programme. The equine centre at Castlerea Prison, which was established in 2020 in partnership with the equine industry, has succeeded in developing confidence, self-worth and practical training for Travellers in prison. I visited Castlerea Prison a short while ago.
There are currently 360 Garda diversity officers across all Garda divisions. They receive additional training and support from the GNDIU to engage actively with and attend to the concerns of minority and diverse communities, providing reassurance, building trust and extending accessibility to Garda services. The training of diversity officers is ongoing and includes models on racial profiling and, of course, unconscious bias.
It seems that fundamental changes are necessary to challenge the systemic racism that many Travellers experience at the hands of the Garda. There are several recommendations in the report and I would like a response from the Minister of State on three of them. The first is as follows:
The introduction of an ethnic identifier throughout the criminal process from the point of reporting to the point of sentencing, including entry and search of homes and stops and searches which must be recorded. A commitment to make the resultant data available to independent researchers.
In other words, it is a question of everything being clear such that one can analyse whether there is a racist approach. A second recommendation is the development, publication, funding and implementation of a criminal justice strategy for the Traveller community, with a remit right across the criminal process. The third is the establishment of a robust and effective independent complaints body operating across the criminal legal process and with a remit to accept and respond to complaints regarding any criminal justice agency or professional, including customs officers and judges, and with no continuing connection to any of the criminal justice agencies.
The Department is engaging on the report, examining its recommendations and assessing it. The first criminal justice sectoral strategy was published by my Department on 7 March 2022. The strategy aims to strengthen and improve how criminal justice organisations work together and communicate the work they do. Five subgroups have been established to oversee and monitor the implementation of the strategy. The subgroup on increasing public understanding, in particular, aims to improve communications and deepen community engagement. The Department is very much engaging on the report and assessing the recommendations.
Questions Nos. 12 to 14, inclusive, taken with Written Answers.
Insurance Coverage
Ruairí Ó Murchú
Question:15. Deputy Ruairí Ó Murchú asked the Minister for Justice if she will provide an update on any progress made on advancing duty-of-care legislation; and if she will make a statement on the matter. [51619/22]
I wish to ask about the advancement of the duty-of-care legislation. We obviously have a huge issue regarding public liability insurance, given the impact on business, community groups and community centres.
This is a priority for me. There are 66 actions contained in the action plan on insurance reform. Thirty-four of those are the responsibility of my Department. The specific change required is probably one of the last key changes required. The Courts and Civil Law (Miscellaneous Provisions) Bill 2022 was introduced last night and I will be continuing my speech on it in the next hour or two. I will be introducing an amendment to the civil liability legislation on Committee Stage. There are a number of aspects. We will reflect in primary legislation several recent court decisions that rebalance the duty of care owed by occupiers to visitors and recreational users. There will be a change to the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard, rather than that of reasonable grounds, should apply in regard to any consideration of liability. Amendments will limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered it for the purpose of committing an offence. They will also allow for broader circumstances where it can be shown that a visitor or recreational user has voluntarily assumed a risk.
Basically, we are rebalancing to make sure there is some level of personal responsibility if a person walks into a venue or the premises of a community group or organisation whose owner has gone to reasonable grounds to secure it and make sure it is safe for people. The payouts we are seeing and the issues in the courts need to be addressed. I really hope the legislation introduced in the House yesterday will do this. We will try to have it passed through its various Stages as quickly as possible. I hope that, in time, it will have a significant impact on the overall cost of insurance.
I thank the Minister. It is necessary that the change happen as soon as possible. The problem with the public liability insurance sector is that we just do not have enough players. If we can make the ground better, it will facilitate the Government by attracting others. I hope we can get to a point where public liability insurance can be obtained by all the various organisations and businesses, and at a reasonable rate. We know there are already organisations and businesses that cannot get it for particular types of work.
It affects not only businesses but also community groups, individuals and landowners, as the Deputy has said.
The intention is that once the legislation is passed, in the same way as with the judicial council guidelines, we will start to see that impact into the overall payments in the courts. Working with the Minister of State, Deputy Fleming, and others in the Department, I hope that in itself will encourage more to come into this space to provide insurance where many are struggling to get it at the moment. In all of the other actions I have mentioned, we are starting to see progress, so I expect that this will provide progress in this space as well.