Pa Daly
Question:35. Deputy Pa Daly asked the Minister for Justice to make a statement on his plans to legislate with respect to attacks on emergency service personnel, including gardaí. [18053/23]
Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions
Legislative Measures
I ask the Minister for Justice to make a statement on his plans to legislate with respect to attacks on emergency service personnel, including gardaí.
I congratulate Deputy Daly on his appointment as his party's spokesperson on justice. While we may not always agree and while we may have disagreements from time to time, I wish him all the best as he takes up that role.
I am extremely grateful to all front-line workers for their outstanding dedication and commitment to serving the public and for the important role they play in our society.
It is imperative that front-line workers are able to go about their work safely and that the law reflects the importance of this. For the most part, the relationship between the Garda and the public is one built on significant trust. We only have to look at the fact that An Garda Síochána is a largely unarmed and yet hugely effective community policing service. Those who perpetrate violence against members of An Garda Síochána, or, as Deputy Daly suggests, any of our courageous emergency services, must face the full rigours of the law.
It is worth stating on the record that an assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces is already an offence under section 19 of the Criminal Justice (Public Order) Act 1994. A person convicted of such an offence is currently liable to a fine or imprisonment for a term not exceeding seven years, or both. The latter penalty of seven years was increased from a maximum term of five years in 2006. However, the Government and I are committed to taking further action to protect gardaí and front-line workers as necessary. To that end, I intend to bring forward an amendment to the Public Order Act to increase the maximum penalty available for assaulting a peace officer to 12 years. These changes will send a very clear message that attacks on front-line workers will not be tolerated and will be dealt with robustly. I have arrived at the point of view of the importance of doing this after listening to the representative bodies of An Garda Síochána.
As part of my Department's justice plan 2023, the antisocial behaviour forum, chaired by my colleague, the Minister of State, Deputy James Browne, will review the already very strong powers available to An Garda Síochána in relation to public order and antisocial behaviour to determine whether any further legal powers would assist them in their role. Above all, I can assure the Deputy that front-line workers will always have my support to do their jobs. I hope we can make these legislative changes together in these Houses between now and the summer recess.
I thank the Minister. We submitted a parliamentary question on this matter earlier this year. The response indicated that the proposals would be brought forward shortly. The Minister has now indicated that it will be a 12-year sentence. Does he have any idea when that proposal will be coming before this House or when the amendment to the Act will be coming forward? We are all aware of the attacks that took place over the past year. The urgency around this, following on from a couple of meetings I have had, is due to the crisis in morale in An Garda Síochána. Some senior gardaí have told me that this is in addition to the other difficulties they are having with the number of resignations that have taken place. In 2016, there were 24 resignations from An Garda Síochána whereas, depending on the report you look at, there were 109 in 2022. There are a number of issues with regard to pay. Looking at the number of resignations, there is obviously a difficulty with retaining the staff that are there.
It is my intention to use one of the legislative vehicles already going through the House, probably the Criminal Justice (Miscellaneous Provisions) Bill 2022, to bring forward the amendment to increase the maximum sentence from seven years to 12. It is my intention to bring that amendment to the Government shortly and with the co-operation of this House and the other House to seek the approval of the Oireachtas for that to be passed this side of the summer recess. I do not suggest, and nor would the Deputy, that this is the answer to all the challenges faced by gardaí or others as they go about their business, but it is an opportunity for us in this House to send out a very important message. One of the signs of encouragement people can take is the utter revulsion the overwhelming majority of people convey when there is an attack on a member of An Garda Síochána. I accept that this is something we are all united in, thankfully, and we should always value that. In addition, the Minister of State, Deputy Browne, through chairing the expert antisocial behaviour forum and under action 7.2 of the justice plan 2023, will conduct a review of all the powers available to the Garda in respect of public order and antisocial behaviour, including the effectiveness of antisocial behaviour orders. Once the terms of reference are agreed, the Minister of State will bring a memorandum to Government in that regard.
The urgency seems to be in the need for gardaí to be able to carry out their duties safely. I offer my best wishes to any of the gardaí who have been injured recently. There is a broader picture here in that many gardaí say they spend half their time covering their backs, and looking over their shoulders due to the increased monitoring of them. Unfortunately, while the Government planned to increase the numbers in the Garda by 1,000, up to the end of March there were only 136 gardaí going through Templemore. If you do the maths, it is clear that the Government is very unlikely to meet its target of increasing the number of gardaí by 1,000. In fact, there is a danger the number could drop. We look forward to seeing what the Minister has outlined with regard to the maximum penalty prescribed in committee because there are difficulties, as he knows, with the constitutionality of any minimum sentencing powers.
I agree with the point on minimum sentencing. There is quite a bit of evidence that when maximum sentencing is increased, it generally puts an upward pressure on the length of sentences given out by the courts. Therefore, I think maximum sentencing is the most effective way to go at this time. I, too, send solidarity to any garda or emergency front-line worker who has experienced any level of assault or abuse when going about their duties. This is also an important opportunity to thank gardaí for the incredible work they have done over the course of the last week, in particular during President Biden's visit. People cancelled leave and changed rosters at short notice and I thank them for that.
I take the point the Deputy made about oversight. It is important that we always get the balance right when it comes to oversight. I would suggest that the Policing, Security and Community Safety Bill 2023 that is currently going through the House - I think Committee Stage is next Tuesday - is an opportunity for us to consider the oversight structures we should have in place for modern policing in Ireland.
Regarding the intake of 1,000, it is still the Garda Commissioner's wish and mine to reach that target. There is a further intake due on 15 May. In terms of looking over their shoulders, body cameras and legislation relating to body cameras will also help gardaí.
Departmental Reviews
Aodhán Ó Ríordáin
Question:36. Deputy Aodhán Ó Ríordáin asked the Minister for Justice in light of recent reports into the Irish Defence Forces and the London Metropolitan Police, if he will initiate a comprehensive review of institutional and cultural practices in An Garda Síochána and the Prison Service to ensure no such issues exist in these forces; and if he will make a statement on the matter. [18032/23]
In light of recent reports into the Irish Defence Forces and the London Metropolitan Police, will the Minister initiate a comprehensive review of institutional and cultural practices in An Garda Síochána and the Prison Service to ensure that no such issues exist in these forces?
I thank the Deputy for quite rightly raising this important matter. It is important that in all parts of society we all redouble efforts to stamp out any culture that is anything other than inclusive, welcoming and supportive and does not have any tolerance at all for misogyny, violence or inappropriate behaviour in the workplace. I think we would both agree that the vast majority of members of An Garda Síochána and the Irish Prison Service serve their organisations and our country with integrity each and every day of their careers. We are rightly proud of the jobs they do, often under difficult circumstances. Professionalism and integrity are taught and promoted right from training for new recruits through to each and every rank and grade in both institutions.
The prevailing culture in disciplined organisations like An Garda Síochána and the Prison Service must be one that ensures there is no tolerance of inappropriate behaviours and that where a person is subjected to such behaviour or witnesses it, they are empowered to speak up. Where people do speak up, they must be supported and the organisation must deal firmly with perpetrators. Central to this are the organisations' codes of ethics. Both organisations' codes include the commitment for each member to support, encourage and facilitate speaking up and report wrongdoing at every level in the organisation. Cultural audits also play a very important role in getting to the heart of what the Deputy is suggesting, such as the one conducted at regular intervals by An Garda Síochána. I am pleased to say that one is planned for later this year by the Prison Service. These audits have an important role to play in highlighting any cultural issues in an organisation and in providing a basis for actions to address any issues that emerge through such audits.
Within the ranks of An Garda Síochána there is a welcome and growing gender diversity. This is something that has been lacking in some of the other organisations the Deputy referred to. Sixty four years have passed since the first 12 women joined An Garda Síochána. Today, almost 30% of Garda members are women, including both deputy commissioners and 50% of assistant commissioners. It is worth noting that both organisations have been led by women. Achieving improved gender diversity within An Garda Síochána is equally important for the organisation as it is for the society it serves.
I am interested in what the Minister spoke about with regard to cultural audits into An Garda Síochána and the Prison Service. What he is saying is welcome. In politics, we always react to a scandal. We always do a review after the fact. What was discovered in the Metropolitan Police in London was absolutely shocking with the level of racism and misogyny and the difficulties within that police force. Then we discovered that issues also existed within the Irish Defence Forces, which would not have been a surprise for people like Senator Tom Clonan, who has been dealing with this for 23 years. What I am trying to do here, working with the Minister, is provide a platform or facility for anybody who has experienced cultural issues within these sort of hierarchical arms of the State, which have traditionally been gender imbalanced and can sometimes be the breeding ground for such things.
We do not want a situation in ten or 15 years' time where someone in the Irish Prison Service or An Garda Síochána says something happened to them and there was not a vehicle for them to express the hurt, the pain and the problem they were having.
I very much appreciate and welcome what Deputy Ó Ríordáin is trying to do here. There is always an additional onus of responsibility on a disciplined or hierarchical organisation in terms of being even more acutely aware around things like culture, inclusion, support, and empowering people to speak up and to speak out. On the topic of cultural audits, I am happy to get a detailed note to Deputy Ó Ríordáin on this. An Garda Síochána plays an important role. The plan for the Prison Service later this year will be very important in trying to advance what the Deputy is trying to do. There are some encouraging signs in the organisations. The oversight structures which the gardaí in this country are subject to are important and helpful. We have a Policing Authority and we have an ombudsman. We are going to debate again next week how to make sure those oversight structures are right in the new legislation. The diversity in An Garda Síochána is really quite important. I met the now retired assistant commissioner Orla McPartlin. When she joined, 3% of the members were female. Now more than 30% are female, as are both deputy commissioners, 50% of assistant commissioners, and we had a female Commissioner as well. In the aftermath of the Moody case, I am conscious of the commitments the Commissioner made as well.
It could be argued though that there were probably oversight structures within the Defence Forces as well over the past 23 years and they may have made that argument as well in order to defend how they were operating. We are on the same page here. We need the Minister to come back to the House in six months to give an update to Members as to what those cultural audits have discovered. We need to be proactive. Far too often, as they say in politics, we react to a scandal, a report, to somebody speaking out - a whistleblower. What if there is somebody currently serving in An Garda Síochána or in the Irish Prison Service who does not feel they have a facility to come forward, who is suffering this type of abuse and who will speak to it being part of a culture and that we could potentially root that out by not waiting for this person to come forward and by having a facility within these two organisations for them to speak to. I am quite sure the vast majority of members of An Garda Síochána and the Irish Prison Service are fine, upstanding individuals but we have to maintain that trust which can often be brittle. I have faith in what the Minister is saying in terms of cultural audits but they probably need to be quite robust to ensure they empower people to speak their truth.
I will certainly reflect on the comments Deputy Ó Ríordáin has made this evening and will feed them back into the Department and have conversations with colleagues there. I think we would all agree that no organisation or no part of society, as we know through our work on many issues, is immune to wrongdoing or discriminatory actions and the like. What is really important though is how an organisation responds when that happens. I was encouraged when the Paul Moody case took place. I will not comment on a specific case in the House but after that, in August 2022, the Garda Commissioner, Drew Harris, confirmed that An Garda Síochána would conduct a specific review following on from the case, primarily from that lessons learned perspective, and that he would report, where appropriate, to both me as Minister, and to the Policing Authority. I can tell the House this evening that this review is now at a very advanced stage and once it has been completed the Commissioner intends to provide it to both myself and to the Policing Authority. I am very much looking forward - if that is the right phrase - to receiving this report because it is an important piece of work in trying to provide that assurance the Deputy and I are seeking but also in trying to make sure that any lessons that need to be learned, for want of a better phrase, can be learned quickly and to ensure that exactly what the Deputy is saying is undertaken within An Garda Síochána.
Drug Dealing
Mark Ward
Question:37. Deputy Mark Ward asked the Minister for Justice the laws that are in place to seize nitrous oxide cannisters that are being misused; the penalties for those illegally distributing them; the number of confiscations by gardaí by year since 2020; and if he will make a statement on the matter. [18055/23]
A young person who is taking nitrous oxide is playing Russian roulette because they do not know the effects the gas will have on them until they take it. There have been reports from medical experts of the adverse side effects. What laws are in place to seize nitrous oxide canisters that are being misused and what are the penalties for those illegally distributing them?
I thank Deputy Ward for this important question. As the Deputy will be aware, and as I am from my past political life, the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy which is called Reducing Harm, Supporting Recovery - a health-led response to drug and alcohol use in Ireland 2017-2025. This strategy, while led by the Department of Health, endeavours to provide a whole-of-government response to this problem area in our country. Revenue's customs officers are responsible for monitoring and seizing importations of nitrous oxide into the State. Deputy Ward will also be aware that the Garda Commissioner is by law responsible for all enforcement operations by An Garda Síochána. I say that to be helpful.
Nitrous oxide has various legitimate uses - medical, non-medical and industrial - and, because of this, it is not currently a controlled drug under the Misuse of Drugs Act or under the international drug conventions.
However, under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is already an offence to sell, import or export a psychoactive substance for human consumption, including nitrous oxide. The Deputy may remember that this legislation is probably more commonly know as the headshop legislation which was brought in 2010 by the then Minister for Justice, Dermot Ahern. There is already an offence there which would include nitrous oxide if someone was seeking to sell, import, or export a psychoactive substance for human consumption. The purpose of that Act includes the prevention or the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances.
For example, the Act provides that a person who sells, or who imports or exports, a psychoactive substance, knowing or being reckless as to whether that substance is being acquired or supplied for human consumption, shall be guilty of an offence. This Act does not provide for an offence for personal possession.
A person who is guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or both. On conviction or indictment, a person who is guilty is liable to a fine or imprisonment for a term not exceeding five years or both.
I have also been informed by Garda authorities that a number of significant seizures of canisters containing nitrous oxide have been made in recent years. I do not have specific data on that at the moment.
I thank the Minister for that comprehensive answer in relation to the Act but why is it not being used at the moment? You only have to walk into any housing estate or any park and you will see discarded nitrous oxide canisters lying around. It is commonly know as laughing gas. When it first came out it was in small silver bullets and they were called one-hit wonders. It has been replaced by these larger canisters which are being sold on the black market for €40 or a dealer might do a deal of three for €100. Its use is widespread.
A recent report by the HSE adolescent addiction services has shown that 22% of young people attending its services admitted to taking nitrous oxide on occasion, reflecting an increase of 175% compared to 2021. That is a huge increase in the number of young people using nitrous oxide. Why is the Act not being used, because it does not seem to be? Does the Minister think additional legislation is needed to resolve this matter?
I thank the Deputy. His colleague, Deputy Crowe, was good enough to talk to me about it the other day and I am aware he has brought forward a Private Members' Bill on this and I have given him an undertaking that I will consider it and engage with him when it is scheduled to be debated. I also note that the Child Care Act 1991 falls under the remit of my colleague, the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, and I think there is some interaction there in terms of that Private Members' Bill.
I have been informed by Garda authorities, and I will seek more information for the Deputy on this, that a number of significant seizures of canisters containing nitrous oxide have been made in recent years so I am pushing back slightly on the view that nothing is being done. This is an issue An Garda Síochána is taking very seriously. The Deputy may wish to note that both the HSE and An Garda Síochána are aware of the issues surrounding nitrous oxide. The HSE is committed to increasing awareness of health risks associated with substance misuse, including nitrous oxide. That education piece is also important among young people, parents and youth organisations.
An Garda Síochána will continue to target those involved in the sale and supply of illegal drugs through Operation Tara, which has a strong focus on tackling street-level dealing across the country. I understand the gardaí recently seized 2,000 canisters of nitrous oxide, alongside €2.8 million worth of cocaine.
As recently as December this year, a neurologist specialist who I was on one of the radio debates with spoke about the long-term damage that nitrous oxide could be causing young people. There is a range of sensory issues among patients who have presented, including numbness in their hands, feet and extremities, as well as serious issues with balance, problems with their heart rates and mental health issues. I have also submitted additional legislation to the Bills Office, in conjunction with Deputy Seán Crowe, which would strengthen the legislation the Deputy has submitted. It is to regulate the sale of nitrous oxide to commercial use only. This legislation is similar to what was introduced in Holland, where the authorities are regulating the use of nitrous oxide outside the medical and catering industries. This Bill would not criminalise the young person at the end of the process but it would give the Garda the power to seize the canisters from young people. As said, young people are playing Russian roulette. This is something on which we could work on a cross-party basis.
I hope to get the Minister's support when this Bill is introduced.
We will of course engage with the Deputy to consider the legislation and seek views and opinions on it as well. For clarity, the Misuse of Drugs Act 1977 is the responsibility of the Minister for Health, Deputy Stephen Donnelly, and we may need that engagement aspect as well. I get what the Deputy is trying to do here, though, and I fully respect his motivation, which is a concern around the impact this situation is having on young people and the dangers involved. I refer to the Deputy's description of it as roulette. As I said, nitrous oxide does have some legitimate uses and this is why traditionally it has not been on the Schedule to the Misuse of Drugs Act 1977 nor, indeed, covered by the international drugs convention.
Offences in this regard do already exist, however, and I think the question from the Deputy concerns whether enough is being done to enforce them. I will certainly raise this matter with the Garda based on this discussion. For the record of the House, for anyone who follows these debates and for young people and their parents, I note it is already an offence to sell, import or export psychoactive substances, including nitrous oxide, for human consumption. This stipulation already exists under the Criminal Justice (Psychoactive Substances) Act 2010. We must get this message out and get the educational aspect out, and I will certainly be happy to consider the legislation.
I thank the Minister.
Domestic, Sexual and Gender-based Violence
Catherine Connolly
Question:38. Deputy Catherine Connolly asked the Minister for Justice the progress to date on the Government's commitment to doubling the number of refuge spaces for victims of domestic, sexual and gender-based violence over the lifetime of the third national strategy on domestic, sexual and gender-based violence; and if he will make a statement on the matter. [17328/23]
My question is what progress has been made to date on the Government's commitment to doubling the number of refuge spaces available for victims of domestic, sexual and gender-based violence, DSGBV. I ask this question specifically in the context of the Government's commitment to a specific number of spaces, which falls far short of what is required under the Istanbul Convention.
The Deputy is entirely right. We have a commitment to double the number of refuge spaces under the third national strategy on domestic, sexual and gender-based violence. For the avoidance of doubt, this is to double the number of refuge spaces, bringing it to 280.
As the Deputy will be aware, Tusla reviewed the accommodation services for victims of domestic, sexual and gender-based violence and as part of that endeavour, it identified priority locations where between 50 and 60 new refuge places are needed. Further analysis undertaken has identified 12 locations nationwide where the delivery of 98 family refuge spaces would have the most impact if prioritised. In the initial phase of this work, 24 places are now expected to be delivered in Wexford, Dundalk and Navan next year.
In addition, by putting in place robust structures to support the delivery of additional refuge accommodation, including, importantly, the establishment of a new statutory agency on DSGBV, the number of additional spaces that can be opened each year will be supported and accelerated. Already, work undertaken implementing the strategy has prepared the way for this, including, as the Deputy will be aware, a significant increase in funding under the budget.
An interdepartmental group is already developing and progressing agreed processes and approaches to support the highest standard of refuge accommodation. In addition to the 280 places, the delivery of additional safe homes is already a key part of the response and it is expected that the number of safe homes will be increased by 15 this year. Today, pre-legislative scrutiny of the agency took place and went quite well. The factual answer to the Deputy's question, though, is that 24 additional places are expected to be delivered next year in Wexford, Dundalk and Navan. Nationwide, 12 locations have now been identified for the delivery of the 98 family refuge spaces and the review carried out by Tusla regarding the 50 and 60 others. I have more detailed information in the form of a table that I am happy to share with the Deputy. It lists the stage at which each location is now at and the expected delivery time. I had quite a detailed meeting on this subject this week and it is my genuine view that we now have a very clear understanding of the road that needs to be travelled to get us to at least a doubling of spaces. The Deputy is correct that this is not about getting to that point and stopping; it is about getting there and then pushing on further.
I thank the Minister and I would appreciate the table. This is really about acknowledging what it took to get to this point. The Minister's colleague, the Minister of State, Deputy Carroll MacNeill, has read out the names of the people who were victims. To put this in context, 12 women died in violent circumstances in Ireland in 2022, making it the worst year in a decade for violence against women. Between 1996 and 8 April 2023, a total of 258 women died violently in Ireland. These statistics show that 165 of these women had been killed in their own homes. Despite a programme for Government commitment to introducing domestic homicide reviews, we have not seen this yet. Sinéad Gibney, chief commissioner of the Irish Human Rights and Equality Commission, stated in January this year that "Violence against women has reached crisis levels in Ireland". I will come in my second contribution to the other steps that got us this far and the significant and serious delays in this regard. There is no room, therefore, for any more delay or hesitation.
I assure the Deputy, on my part and those of the Minister, Deputy McEntee, and the Minister of State, Deputy James Browne, that this is a major area of priority in the Department of Justice and across the Government. The Deputy referred to the familicide review and we do have that report in the Department. I have considered it in quite a lot of detail. I met the commissioner of that report and her researcher recently. I intend to engage with the families who fed into that process very shortly. Once I have done that, I intend to then brief the Government and seek to publish the report and a way forward in this regard. I take the Deputy's point about coming from a very low base but we do now have a scenario where we know exactly where we are going. In addition to Wexford, Navan and Dundalk, we now know about the plans for Sligo, Cavan or Monaghan, Cork city, north Cork, west Cork, Dún Laoghaire-Rathdown, Westmeath, Athlone, Portlaoise, Balbriggan, Longford, Offaly and Carlow. I say that in the hope of assuring the House and, most importantly, to assure women, and indeed anybody, at risk of violence that there is now a clear, identifiable plan as to where we are going to deliver the extra spaces and how we are going to get to that number of 280 places during the lifetime of this strategy.
I welcome that information and I will work with the Minister every step of the way. We had, however, a previous strategy. When the review of it was done and published in July 2021, it told us that the audit around DSGBV found a lack of effective oversight of implementation of the previous national strategy, a fragmented approach and a lack of action on decades of recommendations. On top of that, the review by Tusla was two years late. It was promised and it was still not done two years later. The third national strategy was supposed to have been published by the end of 2021 and it was not. It took another six months after that. Every step of the way, I refer to the voices raised in this regard in this Dáil, based on communications from the organisations on the ground. I mention, for example, Domestic Violence Response, DRV, in Oughterard. I received an email from the organisation today. It is struggling on the ground in trying to deal with the number of people and specifically, women coming in. I can stand here and criticise, which is not really what I want to do. This situation is simply intolerable and unacceptable. We need action. What we are promising in terms of refuges is the most basic step and still it is less than 50% of what the Istanbul Convention commits us to.
It is accepted by me, the Minister, Deputy McEntee, and the whole of the Government that these 280 places are not the end destination. It is, though, where we realistically believe that pulling out all the stops and going at this with gusto and prioritisation is truthfully where we can get to in the lifetime of this strategy. I have even a greater degree of confidence about this after having engaged with the team in the Department of Justice in this regard. We have gone from a scenario where we had counties in Ireland where we knew we needed refuges but regarding which we had no clue what organisation was going to be leading on the delivery, to a scenario now where we have an agency or local organisation beside each agency. We have most of the sites secured, to give this aspect as an example. I will provide the Deputy with more detail of this in a note.
I think this strategy, and I give credit to my colleague, the Minister, Deputy McEntee, in this regard, is different to its predecessors in respect of its implementation structures. It has been recognised by the sector, if I may call it that, all the NGOs and stakeholders, as probably one of the most ambitious strategies ever. Delivery and implementation are key, however; I get this. The structures to deliver in this regard are pretty robust, though. We have a high-level oversight group co-chaired by the Secretaries General of the Departments of the Taoiseach and Justice. We have a senior officials group, SOG, pulling together all the Departments and a Cabinet committee monitoring it. We also have individual actions. I take the point, however, that delivery and implementation are key in this context.