Vol. 1039 No. 2
6. Deputy Neasa Hourigan asked the Minister for Justice the most current schedule of audits on the accessibility of prison facilities, upholding the principles of the UNCRPD; and if he will make a statement on the matter. [24627/23]
I ask the Minister the current schedule of audits on the accessibility of prison facilities, upholding the principles of the UNCRPD.
I thank the Deputy for raising this important question. The Irish Prison Service recognises the importance of promoting and protecting the human rights and fundamental freedoms of people with disabilities committed to its care. I am strongly of the view that we need to continue to invest in our prison estate, to ensure that it is modern and fit for purpose and that it has the capacity to accommodate all of those committed to prison by the courts.
I can assure the Deputy that all work undertaken on the prison estate adheres to building regulations on accessibility, including building control amendment regulations and Part M of the building regulations.
As a result, all new prison developments include dedicated cellular accommodation for people with disability or mobility issues on ground floors, equipped to meet the needs of the user. This includes the recent work to modernise the Mountjoy complex and the replacement of outdated accommodation in Cork and Limerick. These projects represent huge improvements in prison facilities and adhere to all relevant regulations by ensuring accessibility for people regardless of their age or disability. I can also advise the Deputy that the Midlands and Wheatfield prisons and the Dóchas Centre also have accessible accommodation. In addition, the refurbishment of the training unit in Mountjoy included the instalment of two high-dependency suites should a prisoner require full nursing care.
Everyone committed to prison is interviewed by the governor and by the healthcare team to assess their individual needs. Where specific needs are not obvious, information can be volunteered with regard to a disability that may impact on their accommodation, support and rehabilitation requirements. I can assure the Deputy that while people are initially committed to specific prisons by the courts, every effort is made by the Prison Service to provide anyone who has a disability with the most appropriate accommodation suited to their individual and specific needs. I am aware that the Irish Penal Reform Trust, IPRT, made a recommendation in 2020 that the Prison Service undertake accessibility audits. While progressing this recommendation was delayed because of the pandemic, I am informed that it is now being considered by the Prison Service.
I welcome those comments. It would be very useful if we could get a timeline for that consideration and a schedule of when those audits will take place. As the Minister of State is well aware, people with disabilities are over-represented at all stages of the criminal justice system. He spoke about the accessibility of prison facilities in terms of capital investment but there is an overlap or grey area between a number of issues here. He rightly picked out the Irish Penal Reform Trust, which did a very good report in 2020 looking at this issue. It cited a lack of access to aids, things like white canes and technical aids, and a lack of access to plain language and guides. Some people do not have the wherewithal or ability to communicate that they might need extra provision. They cannot always tell those in authority that they need those aids. In one case, a person who is deaf had access to only one hour of sign language a week, which would obviously be in breach of our new ISL legislation from 2017. A number of those recommendations included a human-rights based disability assessment of existing infrastructure. That would be timely.
I do not have a timeline for that consideration but know the director general of the Irish Prison Service, Caron McCaffrey, is quite a progressive director and will be taking this matter quite seriously. I agree with the Deputy. We have to ensure people with disabilities receive the services and supports they need in prison and get timely access to those types of supports. It is certainly something we in the Department of Justice will be paying close attention to. I have no doubt that now that Covid has passed and the Prison Service is in a position to give consideration to this matter, that consideration will be active and this will be determined by the Prison Service in that respect. In the meantime, as we expand our prison services, they will meet all the regulations in terms of supports and needs. That will be the case with the physical buildings but also, as the Deputy rightly points out, the services provided within the Prison Service.
If I could just expand a little, we know the prevalence of ASD might be four times higher in the prison population. We are also aware that we require extra capacity in the prison population in Ireland and there are a number of overcrowding issues. People with ASD have cognitive, sensory and social challenges that would be exacerbated by overcrowding. The Prison Service was before the Joint Committee on Disability Matters not too long ago and I was very impressed with its engagement on the issue but there is only so much it can do to provide services for that very high number of people who have ASD in the prison population when overcrowding is really the problem for those who are struggling with sensory issues. That is a major concern. I would just highlight the importance of peer-to-peer learning and supports and access to programmes that everybody else in the prison system might have. Yesterday Mr. Bernard Gloster was in front of the Joint Committee on Health and we came to the conclusion that CHO 9, which is where Mountjoy is, will probably be one of the last areas to roll out neurorehabilitation programmes. That would certainly be a priority for the prison population.
Absolutely. There has been a history in our prison service of people with intellectual disabilities or other challenges not only not getting the supports they need but perhaps not even being diagnosed. I have visited most of the prisons in the country at this point. One of the most common undiagnosed issues is dyslexia, which results in people leaving school early and getting involved in crime, sending themselves on a pathway that might not otherwise have happened had they gotten that diagnosis as to why they were struggling in school at an early stage. It is something I am very much aware of. My sister has spina bifida and hydrocephalus and is in a wheelchair, so I am very aware of challenges for people with disabilities. It is something I, along with the Minister, Deputy Harris, will continue to work on with the Prison Service to improve those facilities and services.
7. Deputy Brendan Smith asked the Minister for Justice the progress to date in providing a refuge centre in counties Cavan and Monaghan for victims of domestic abuse; and if he will make a statement on the matter. [25049/23]
As the Minister of State is aware, the Government's third national strategy on domestic, sexual and gender-based violence, DSGBV, commits to doubling the number of refuge spaces. That ambitious strategy is very welcome. My counties of Cavan and Monaghan are two of the counties that do not have a domestic violence refuge centre, so I am very anxious that such provision be advanced as quickly as possible. The last update I had some time ago was that a number of sites in both counties were being considered. What stage is the proposed project for Cavan-Monaghan at? Are there preferred sites or has a site been chosen yet?
I thank the Deputy for raising this very important issue around the need to provide refuge centres in Cavan and Monaghan for victims of domestic abuse. As the Deputy rightly pointed out, it is one of the areas that does not have those supports in place at the moment. The Deputy has raised this matter consistently with both myself and the Department of Justice and I am glad to have an opportunity to give him an update on what he has been campaigning for for a very long time.
Last June, the Government launched Zero Tolerance, our third national strategy on domestic, sexual and gender-based violence. One of the overarching goals is to ensure that everyone who needs a refuge space will get one. Over the lifetime of the strategy we intend to double the number of refuge spaces, bringing it to 280. Tusla reviewed the accommodation services for victims of DSGBV and identified priority locations where between 50 and 60 new refuge places are needed. Further analysis identified 12 locations nationwide where the delivery of 98 family refuge spaces would have the most impact if prioritised.
The Tusla review identified a requirement for eight family places in Cavan-Monaghan for prioritisation. A group of stakeholders has met a number of times in 2023 with a view to beginning plans to establish the refuge in Cavan-Monaghan. Key statutory bodies, including Tusla, the Department of Housing, Local Government and Heritage, the Department of Justice, Cavan and Monaghan county councils and An Garda Síochána have been engaged in these meetings, along with the local domestic violence organisation Tearmann and Safe Ireland. The current focus is, as the Deputy rightly pointed out, on identifying a site and initiating a more formalised project. The nature of refuge developments, as capital projects, means that timelines for capital projects apply. At this early stage, many factors can influence the speed at which a project is delivered, such as the identification of a suitable site or building, planning processes, tendering processes and the appointment of contractors. However, as an identified priority area, every effort is being made to ensure supports are put in place to achieve delivery of the refuge and support services in Cavan-Monaghan as quickly as possible. The Deputy will be aware of the intention to establish a new domestic violence agency at the start of 2023 to complement the delivery of services.
I thank the Minister of State for his detailed reply. I am glad he mentioned that priority is being attached to the provision of a refuge centre in Cavan-Monaghan. I also welcome the fact he referred to the very important work of Safe Ireland and the Tearmann domestic abuse service in Cavan-Monaghan. They do excellent work dealing with people in a very vulnerable position. Unfortunately, we all know of the increased violence over the last number of years, particularly against women. In our constituency work we all come across families who are going through terrible torment and a very difficult time. The housing sections in the local authorities in Cavan and Monaghan work as closely and as positively as they can with people who find themselves in that predicament. At the moment the only hostel accommodation available for victims from Cavan-Monaghan is in Dundalk or Meath and for north-west Cavan it is in Sligo. If a person or family has to leave their home it is a very difficult situation. It is even more difficult when there are children attending school because they are dislocated from their locality and their friends.
It is very important that we prioritise the provision as soon as possible.
I assure the Deputy that delivering refuge spaces in Cavan-Monaghan is a priority for the Department. We are in the process of identifying that location, working with the various different bodies to see where that location can be provided. We have to provide these spaces for very vulnerable people and we have a comprehensive programme around DSGBV in our third national strategy.
Tearmann Domestic Violence Services Monaghan is a community-based support service delivering a range of supports to women affected by domestic abuse across the counties of Cavan and Monaghan, including support groups, outreach support and court accompaniment services. Tearmann is engaged with other stakeholders around early stage considerations for planning of a refuge for the Cavan-Monaghan area and is in the process of a merger to come under Safe Ireland that is expected to come into effect by the end of June to assist in supporting the process. From the information provided to Tusla, it is expected that there will be a new focus on refuge development for Cavan-Monaghan once the organisational process is completed. This merger will provide a renewed impetus to provide the necessary services.
I very much welcome the fact that the Minister of State spoke about the importance of the work of Safe Ireland and Tearmann at a local level in Cavan-Monaghan. I welcome the partnership that will be established with those groups. I commend officials in all the statutory agencies referred to by the Minister of State in his initial reply who are involved in advance of this project. I know they are as committed as we are but, again, even with the best will in the world, it takes too long to get things delivered in this country. The Minister of State is giving the message, which I welcome. I hope he will keep sending that message to the people charged with implementing Government decisions. The utmost urgency must be attached to the provision of this much-needed accommodation for people who find themselves in an awfully difficult position I again refer to the fact that children have to re-locate. It is bad enough having to re-locate from your home to somewhere else nearby but having to travel a long distance away from your friends, school etc. is awfully disruptive for children. Naturally as a State, we must try to support those people in those vulnerable positions as strongly as we can.
I again thank the Deputy for raising a very important matter about the need for refuge spaces and DSGBV service in the Cavan-Monaghan area. I assure the Deputy that the key statutory bodies - Tusla, the Department of Housing, Local Government and Heritage, the Department of Justice, the county councils in Cavan and Monaghan, An Garda Síochána, Tearmann and Safe Ireland - are working very closely together to identify that location so that these services can be provided as quickly as possible. They are capital projects, which at times come with challenges, but we are determined to see that delivered. The merger of Tearmann and Safe Ireland will give renewed impetus on and very focused delivery of these services that are badly needed.
8. Deputy Fergus O'Dowd asked the Minister for Justice if he will provide an update on the status of the review of the Special Criminal Court and if he will make a statement on the matter. [25162/23]
Could the Minister provide an update on the status of the review of the Special Criminal Court, which I understand he received this week, after due consideration in his Department? In particular, when does he expect to place the report in the public domain and before the Oireachtas?
The Offences Against the State Acts constitute our primary counter-terrorism legislation, which has served the State well over many years in tackling the threat posed by subversives and organised crime gangs.
I can confirm that the independent group appointed to review the Offences Against the State Acts, including the Special Criminal Court, has completed its work and I met the chairperson, Mr. Justice Michael Peart, on Thursday, 18 May. I thank Mr. Justice Peart and all the members of the review group for their diligence and commitment over more than two years in conducting this important work.
From my discussion with the chairperson, I know the group approached its task with rigour, commissioning research and analysis and undertaking extensive consultations with State agencies, other experts in this jurisdiction and elsewhere, civil society and the wider public to inform its deliberations. It will obviously take some time to consider the views of the group on this most important of subjects and to develop a full response but in the short term, its outputs will first be brought to Government with a view to publication in June.
The Deputy will be aware that I received approval at Cabinet on Tuesday to move resolutions in both Houses to continue certain provisions of the Offences Against the State Acts and the Criminal Justice Acts. I am satisfied that there remains a real and persistent threat from terrorist activity, in particular from so-called "dissident" republican paramilitary groups based on clear and consistent advice to me from the Garda Commissioner, which warrants the continuance in force of the particular provisions of the Offences against the State (Amendment) Act 1998. Neither, of course, can we ignore the potential threat from international terrorism. No state can afford to be complacent in this regard. The provisions of the Acts constitute an essential part of this country's response to terrorism.
In respect of the Criminal Justice Act 2009, serious organised crime continues to present a significant challenge. While intensive Garda activity aimed at countering these gangs has had considerable successes, much work remains to be done. A provision in section 8 of the 2009 Act, which allows the Special Criminal Court to try certain and serious offences regarding organised crime in order to eliminate the possibility of jury intimidation, also continues to play an important role in the fight against serious and organised crime. It is my intention to publish the review in advance of asking this House and the Upper House to pass the resolution in June.
I welcome the Minister's response and concur entirely with his view that the Special Criminal Court has been a key component of democracy's response to serious intimidation from paramilitaries, drug barons and evil people who would otherwise stalk this land and intimidate jurors. The Special Criminal Court should be used in exceptional circumstances. The fact that there are three judges goes some way towards meeting some of the concerns some people might have but at the end of the day, it did put away the murderers of Veronica Guerin and Garda Jerry McCabe and other serious evil criminals. I understand that there may be different views in this House and that there may be a minority and a majority report before the Minister. That is from reading reports in the media. I welcome the fact that the Minister will give the full light of day to the report very soon. It goes to the heart of how this country deals with this very serious threat in the very exceptional circumstances where it must be used.
Deputy O'Dowd reminded us of a number of occasions where the Special Criminal Court has served this State well. I believe the Special Criminal Court continues to have an important role to play for the reasons I outlined. I again thank the review group. This is a comprehensive body of work - two years worth of work. There was an opportunity for significant civic society input for submissions. A very esteemed group of people considered these matters in great detail.
It is my intention to bring the review to Government in the first instance in June and that it will be published ahead of the vote in this House on the resolutions to continue to renew. I should also say that this report will take time to digest and to decide the course of action. What is clear and does not require any time is the need to renew the resolutions this June. The clear security advice as Minister for Justice is that there continues to be an important role for the Special Criminal Court to play for all the reasons I outlined such as the continuing threat from dissidents, international terrorism and organised crime gangs. I believe the Special Criminal Court and the offence provisions need to be reviewed in this House next month.
I again welcome the Minister's personal commitment to that. Clearly it will be a matter for the House to vote or abstain on that resolution as some parties may choose to do. I want to affirm my support for the exceptional circumstances in which it must be used and the continuation of that in our armoury as a democracy to fight those who would challenge and intimidate most jurors. I acknowledge the work of the An Garda Síochána in County Louth, particularly in my own town, in dealing with those who perpetrated the most evil crimes of murder, arson and so on and the success of An Garda Síochána with many of these criminals now coming before the courts. I welcome the fact that we will have a full debate in this House and that everybody will have an opportunity to contribute and tell the people of the country where they stand on this issue.
The people of County Louth know all too well the risks members of An Garda Síochána face. I had the pleasure of meeting the father of Garda Adrian Donohoe at the weekend when we had the memorial day for the 89 members of An Garda Síochána who were murdered in the line of duty and taken from their families and communities. These were attacks on democracy. When the Deputy mentioned County Louth, I wanted to take the opportunity to remember Adrian Donohoe and all 89 members of An Garda Síochána who died in the line of duty and their families and to let them know that this country never forgets. This is why we are duty bound in this Legislature not just to condemn and express sympathy but to make sure we pass laws that actually keep the public safe. I agree with the Deputy that in the exceptional circumstances that it is required with all the safeguards that need to be in place, the court is a very important part of the jigsaw that is our criminal justice system in terms of keeping this country safe from international terrorism and ongoing threats from dissident paramilitary groups.
9. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the discussions he has had with the Garda Commissioner regarding the incident where tents belonging to refugees were burned. [25167/23]
The Minister will agree that the burning of tents of asylum seekers on Mount Street in recent weeks is probably one of the most disgusting things we have had to witness in our recent history. Will the Minister speak to the conversations he has had with the Garda Commissioner since these events and make a statement on the matter?
I agree with Deputy Ó Ríordáin. As I said earlier, the act was vile. It disgusted our country and it is not reflection of who we are as a people or who our communities are. It is not a reflection of how this country overwhelmingly has responded to welcoming new people to our country. Deputy Ó Ríordáin and most of the House have supported many communities throughout Ireland who have demonstrated great solidarity to those who have come here, often fleeing horrific circumstances, including war and persecution. Of course there have been challenges in providing accommodation and we need to be honest about this to all those seeking protection here. We need to look at the overall context whereby we have seen an increase from just over 6,800 people being accommodated by the State to more than 80,000 people being accommodated by the State in a period of only 18 months. The Department of the Minister Deputy O'Gorman, the entire Government and civic society are working on bringing more beds on stream to house those applicants appropriately.
There has been a significant number of protests on the topic of immigration recently. There is a small minority, and let us call them for what they are, which is far-right actors and activists, whose intention is to create division and who are engaging in intimidation rather than legitimate protest. We have the right to protest, and I am sure Deputy Ó Ríordáin has attended many protests and perhaps he has been protested at. I have also experienced both. There is a very clear difference between protest and crossing the line into intimidation and endangerment. Some of the scenes that unfolded in Dublin city, where those seeking protection had their belongings set on fire and the personal safety threatened, cross well beyond the line of protest into absolutely disgusting and vile behaviour and clearly crossed the line into criminal behaviour.
I have, of course, had a number of conversations and meetings with the Garda Commissioner and I am in regular contact with him. I thank the Garda members because they are working in extraordinarily charged environments in this city and throughout the country. The Garda Commissioner is responsible for operational policing matters. There is an ongoing investigation into the specific incident Deputy Ó Ríordáin has raised and a number of other investigations also. The right to protest is enshrined in the Constitution and under our law and it is an essential part of our democracy. We should never allow the line to be blurred between protest and the disgusting scenes that we saw on Mount Street in recent weeks.
A level of disquiet was caused when the Taoiseach remarked that we did not have enough gardaí in Dublin city centre and the Minister contradicted that statement, as did the Garda Commissioner. There is disquiet also among the public as to how this was allowed to happen and how a policed protest and counterprotest were allowed to diminish into a scenario where people's homes were set on fire. We can call them tents but these are their homes. A tent is as relevant as a house to somebody with nowhere else to live. They were set on fire.
Similarly, I have to say, with regard to the blockade that was set up in Inch in County Clare, how did gardaí not feel or see the need to remove it? We need to have a conversation about how these things are managed. I understand it is a difficult balancing act for the Garda so as not to raise tensions and make things worse. However, from an outside observation point I must ask how the situation was allowed to descend to where people felt emboldened enough to set these homes on fire and for a blockade to continue for days without any sense that gardaí would move it on.
There is no contradiction. The country needs more gardaí and the Government is actively recruiting more gardaí with the Garda Commissioner. This is happening alongside a scenario where the Garda Commissioner says, to use his phrase, he has the operational integrity to police protests. There has been in Dublin city alone well over 125 protests, or so-called protests on occasion, in terms of anti-immigration. The overwhelming majority of them have passed off peacefully and have been policed well. On occasions things have happened that have been utterly reprehensible. It is entirely right in a democracy for Deputy Ó Ríordáin and others to come into the House and ask questions about policing. I do not take from this at all.
The only thing I would say, and in fairness Deputy Ó Ríordáin has acknowledged it, is that the Garda gets to look at the whole picture and look at things in the ground. Gardaí follow intelligence. On occasion, where appropriate, the Garda monitors the actions of anybody who may pose a risk to our community. Gardaí look at how they can de-escalate situations. In the specific situation, and I am conscious there is an ongoing investigation, my understanding is the protest was dispersed and gardaí had done a very good job, and then, unfortunately, somebody returned to the scene and committed a vile act which was utterly reprehensible.
The Minister says he has been involved in protests. I have been involved in protests and I will continue to be involved in protests. If I blocked a road, I would be moved. I know I am speaking about two different scenarios but there is a feeling that the balance being struck is possibly imbalanced. We have a scenario where gardaí dealt with a situation in the way they saw fit but it still ended up with people's homes being burned out.
The international reaction to this is to look at what is happening in Ireland and state this is what the Irish are doing. The Irish are all over the world speaking about their emigration story, but when it comes to people who come to their land looking for sanctuary, they burn them out. When they block a road in Inch in County Clare, they are allowed to do so. I am interested to know more about what the Garda Commissioner said is the right way to deal with these matters. If I blocked a road, I am pretty sure gardaí would be down quickly to move me on.
I absolutely respect the wisdom of the Garda Commissioner and the way gardaí handle protests. They are the people with the professionalism and the experience to deal with it. I am deeply concerned by the pictures I saw on television at the weekend of masked men. Appallingly, they were carrying my flag and your flag. This is unacceptable. It is reported that, allegedly, people went on a bus and counted refugees as if they were animals. This is unacceptable. The way people seeking international protection were abused physically and intimidated is not acceptable. I welcome the fact there are ongoing Garda investigations. I laud it for all of this and stand behind the force in its acts but I am not happy with the response so far. I have to say this truthfully and honestly.
A number of different issues have been mentioned and people have been good enough to acknowledge this. They are quite different. I have dealt with the issue of the burning of a tent which was somebody's home. This was an utterly vile and disgusting act that rightly appalled and sickened people in this country. There is an ongoing Garda investigation into this situation, as there rightly should be, and the full rigours of the law should apply.
With regard to the issue we saw in Santry let me be very clear that we saw people hijacking the Irish flag-----
Yes.
-----a flag that represents peace, inclusion and welcome. The Ireland people should be seeing around the world is one that has welcomed more than 100,000 people to our country over the course of just over 12 months. Those people do not speak for Ireland. They have no democratic mandate. There is no part of this country that can be in any way lawless. There are very clear laws for this country. The Garda Commissioner and I have discussed this and we keep in regular contact. Under the Non-Fatal Offences Against the Person Act it is an offence to make someone believe they are likely to be assaulted. It is an offence to threaten someone with serious harm. It is an offence to beset someone in a way that interferes with their peace or privacy or causes them alarm. Our public order legislation criminalises offensive behaviour in a public place. There are plenty of laws and I know the Garda will enforce them with full rigour.
10. Deputy Brendan Smith asked the Minister for Justice if he is satisfied that the present Garda Síochána structures are adequate and sufficiently responsive to meet the security needs of communities, particularly in the Border region; and if he will make a statement on the matter. [25050/23]
As the Minister is aware, a new Garda operating model was introduced in early 2019 on a pilot basis. The model proposes to reduce the number of Garda divisions from 28 to 19. It will not be a suitable configuration for the Border region. It is proposed that Cavan, Monaghan and Louth would be amalgamated into one Garda division with the chief superintendent based in Drogheda. It is a long way from Drogheda to Blacklion or Dowra in west Cavan Literally, it is a journey from the east coast to the west coast. I would like the views of the Minister on this proposed model and reconfiguration.
I thank Deputy Smith for the question. He and I and the Government are committed to working to make sure we build strong, safe communities and that we support the Garda and resource it properly. Everyone, no matter where in the country people live, deserves to be safe and feel safe. This is central to all that we do with regard to our community safety policy.
As Deputy Smith is aware, the Garda Commissioner is responsible for the management and administration of Garda business and he determines the distribution of gardaí throughout the country. I do not have a role in these matters. The Commission on the Future of Policing in Ireland recognises that community safety is not solely the responsibility of the Garda or the Department of Justice alone. Rather, it is a whole-of-government responsibility.
Deputy Smith may be aware that a number of actions are in progress under A Policing Service for the Future, which is our implementation plan.
The Garda Commissioner is currently rolling out the new Garda operating model, which seeks to release front-line gardaí from roles that can be effectively carried out by civilian Garda staff, thereby developing a stronger focus on community policing and being able to provide a wide range of policing services locally. The purpose of the new operating model is to increase Garda visibility, community engagement and the deployment of specialist services throughout the country so those specialist services are not too far from any one region or community. This, coupled with some realignment of responsibilities, will help to deliver a community-focused policing service. I think we all agree that community policing has been at the heart of all that An Garda Síochána has done since its foundation over 100 years ago, and I can assure the Deputy that we are committed to maintaining that tradition so all communities, including Border communities, feel safe and are safe.
In relation to the Border counties, including the Deputy's constituency of Cavan-Monaghan, the completion of a new station for Bailieborough this year will support the wider delivery of policing services, while the Cavan armed support unit centre was officially opened on 16 October 2021 to enhance policing and security services in the area. I am also advised that there is ongoing, close co-operation between An Garda Síochána and their colleagues in the Police Service of Northern Ireland to tackle cross-Border criminality, including through the mechanism of the Joint Agency Task Force. I will continue to engage and work with Deputy Smith, and I will certainly feed back his views in regard to the new structures to the Garda Commissioner.
As a public representative during very bad years in this country, during the era known as the Troubles, I was very conscious of the great work of the emergency services in the Border region, including An Garda Síochána, during the most difficult of times. The Minister referred earlier to the threat from some dissidents and that is still around. There are unique policing demands in a border region. We have a long land border with Northern Ireland. The model proposed by the Commissioner will have Donegal, Sligo and Leitrim in one division and a reduction in the number of operating superintendents who are out there in uniform, meeting the people. It is the same in Cavan, Monaghan and Louth. I believe the structure that was there, despite its failings, like those of every other public service, did a damned good job for our country during the most difficult years. I think that infrastructure and the configuration that is there at present, with additional resources, and additional resources are always needed, is the best way to ensure our Border communities are safe. Alongside losing superintendents, we have also lost, as a result of Commissioner Harris’s decision, an assistant commissioner in Sligo for the Border region. We are losing key people and I believe a halt should be put to it.
I very much respect Deputy Smith and his strong views and, indeed, his significant experience in this House and in the Border region, so I take seriously what he says. He will know that I have to say respectfully that the deployment of gardaí and management structures is, as it should be, a matter for the Garda Commissioner. What we can do, as a Government, is make sure that we increase the size of the Garda, increase the resources available to the Commissioner, have more men and women in the Garda, have more vehicles, have better Garda stations, as we have in Bailieborough, and provide bodycams and provide equipment, resources and more people to help them.
To be frank, I think there are two benefits to the new model that I would feed back respectfully to Border communities. The first is that, at its heart, it is about freeing up gardaí to be out on the front line. At its heart, it is trying to move away from just looking at it from an office point of view towards how we get more gardaí onto the front line. The second is the fact of the specialist units not being based just in the big cities and the populous parts of this country but in the regions as well. I will feed the Deputy’s views back to the Garda Commissioner.
The Minister mentioned additional civilian staff, which we appreciate. My understanding is that some of the operating chief superintendents and the superintendents who were actually out there in uniform meeting the people, will be going to back-office jobs, when I think we need more engagement. Over the years, in the two counties that I have had the privilege of representing, I always saw that the best policing model was when the public at large knew who the chief superintendent, the superintendent, the inspectors and the gardaí were. That engagement with the people is critical and instils confidence in communities and individuals.
The Minister mentioned the welcome development at Bailieborough and I appreciate his support in advance of that project. The then Minister, Deputy Flanagan, very helpfully responded to ongoing representations that I made regarding the reopening of Bawnboy Garda station in my home village some years ago, but that has not been progressed by An Garda Síochána. I would like the Minister to pursue that particular issue as well.
I understand that this operating model has been postponed indefinitely. It does not meet with the support of the Association of Garda Sergeants and Inspectors, AGSI, and the superintendents have commented about the lack of resources. It is postponed indefinitely. I would love to see it abandoned, and I am talking about the Border region in particular. I think the existing structure, enhanced by resources, would be the best model.
Before I call the Minister, Deputy O'Dowd wants to come in.
I acknowledge the effort and the work of the gardaí in Drogheda and County Louth, as well as the additional gardaí in the county. We have over 70 new gardaí in the whole county and in my own town of Drogheda we have 16 new community gardaí. Whatever about the chief superintendent, and I have no issue with Deputy Smith on that, it is the community garda who is the person that is needed - the man on the ground, the man with the knowledge, the man in the place, the man you can contact, the man who turns up. That is what we need and we are getting that in County Louth, which I welcome.
I thank Deputy O’Dowd. I am pleased to hear of the increasing garda numbers. As we continue to see more men and women enter Templemore and more gardaí come out, I can assure him the direction of travel will be upwards in terms of Garda resources, with a focus on community gardaí. At the core of all that gardaí do and have done so well is policing by consent and policing in communities, which has been an incredible success for over 100 years.
With regard to Deputy Smith's point, I will certainly follow up on that individual issue that he raises and get him an update, as he asked. I have engaged with the AGSI, the Association of Garda Superintendents and the Garda Representative Association, GRA, and I am in regular contact with the Garda Commissioner. The Department of Justice has its policing legislation coming through this House at the moment and there are opportunities to tease through all of these issues. I genuinely believe, from all of those conversations, that while people have different views, what unites them all is that whatever model it is – and the operating model is the model - it is dependent on resources and dependent on making sure there are enough men and women in An Garda Síochána to roll it out successfully. I believe that as we grow resources, a lot of those concerns can be addressed, but we will continue to engage intensively on that.
11. Deputy Pádraig O'Sullivan asked the Minister for Justice if he will provide an update on the recent commitment given by him to amend laws to increase sentences for assaults which cause harm to members of An Garda Síochána and other emergency service workers; if a maximum sentence of 12 years for assaults will be introduced; if so, if he can provide a timeline for same; and if he will make a statement on the matter. [24172/23]
I understand that, on Tuesday, the Government agreed to a proposal from the Minister to amend laws to increase sentences for assaults causing harm to members of An Garda Síochána and other emergency workers. The amendments will change the maximum sentence for assaulting or obstructing a police officer - a garda - and other emergency workers from seven to 12 years. These changes will be unanimously supported in this House. Will the Minister elaborate on the timeline that he envisages for these changes to be implemented?
I thank Deputy O'Sullivan for raising this matter today and previously, and for his support for what I think is a practical, common-sense measure that we can take in this House to show solidarity with the men and women of the Garda Síochána and to show solidarity with their families. Those families worry when they hear the door open at an early hour in the morning, and maybe remain concerned knowing their loved one is putting themselves in harm's way on occasion, until they hear that door close again later in the day or in the evening.
From the outset, I want to make it clear that I am extremely grateful to all front-line workers, all members of An Garda Síochána, all peace officers as we term them, and all those working in our emergency services, 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 and peace officers are able to go about their work safely and that the law reflects the importance of this.
For the most part, the relationship between gardaí and the public is built on one very significant issue, that is, trust. We only have to look to the fact An Garda Síochána is largely unarmed and yet hugely effective when it comes to community policing. Those who perpetrate violence against members of An Garda Síochána or any of our courageous emergency services must face the full rigour of the law. 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 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 to imprisonment for a term not exceeding seven years, or both, and that seven years was increased from five years in 2006.
However, the Government is committed to taking further action to protect gardaí and front-line workers. To that end, as the Deputy rightly said, I have secured Government agreement just this week 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. Also, as part of my Department's justice plan, the anti-social behaviour forum, chaired by 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 anti-social behaviour to determine whether any further legal powers would assist their role. I intend to make the legislative change in this regard before the summer recess and I intend to introduce it in the Seanad on Committee Stage.
It is excellent to hear it is making such swift progress. As I said, it will be unanimously welcomed in the House, I would imagine. I welcome the amendments. For some time, we have needed tougher legislation to crack down on criminals who seriously attack the very people who put their own personal safety on the line every day to serve others. The most recent incident with a full-time worker involved a prison officer being very seriously attacked in Mountjoy, which left him with very serious injuries. In fact, I know of two prison officers in Cork who have recently been assaulted and, unfortunately, they are both still out of work. Recent figures indicate that assaults on prison officers in particular have increased by 46% between 2021 and 2022. Are there any other measures the Minister is looking at, given these increased attacks on emergency workers and front-line workers?
Will the Minister clarify to whom "emergency cohorts" refers?
I express my solidarity with those members of the Prison Service whom Deputy O'Sullivan referenced. Of course, prison officers will be covered by this change, as will those providing medical assistance, those working in the National Ambulance Service, the Defence Forces, and members of An Garda Síochána and of the fire service. We are referring to people who are currently termed and defined under the legislation as "peace officers". There is also a provision for those who are assisting those peace officers, so anyone who is assisting those providing an emergency service will also be covered.
There are more measures we intend to take and I do not suggest by any manner or means that this law is the end of the matter. We need to do what the Association of Garda Sergeants and Inspectors, AGSI, and the Garda Representative Association, GRA, and others have called for, which is to look at the whole public order Act vis-à-vis antisocial behaviour. Gardaí face threats and come across scenarios now that the current legislation did not envisage. We have to look at the equipment gardaí have, at things like their pepper spray, their gloves and their uniform. That is being looked at by the Garda Commissioner in terms of any extra protections that can be provided, but the best protection we can give them is more colleagues. Growing the number of prison officers, gardaí and so on is essential.
Everybody in this House would welcome any attempts to improve the lot of An Garda Síochána in particular. The Minister referenced body cameras earlier, and I would be supportive of such a measure myself.
The amendments the Minister is bringing forward will increase the maximum sentences from seven to 12 years. Has he given any consideration to introducing minimum sentencing? Is that something that has been considered? If not, will the Minister explain the rationale for that?
I will reflect on the point the Deputy made as we take the legislation through the Oireachtas. We did look at the issue of maximum and minimum sentences. There can be constitutional concerns around the issue of mandatory minimum sentences, but there is quite a bit of evidence that where maximum sentences are increased, it results in an upward pressure or trajectory in terms of sentences that are handed down by the Judiciary.
I am really glad Deputy O' Sullivan mentioned body cameras. I have mentioned them since the first day I became Minister for Justice and will mention them until the last day. I will keep on mentioning them because they are a really practical way to help members of An Garda Síochána. The idea that gardaí attending protests and other incidents are often the only people who do not have a camera is beyond ironic. It is dangerous. When gardaí turn up at a domestic violence incident, often the first few seconds after they get in the hall door can be the most important and the idea they do not have a body camera to capture that is unacceptable. That is why a number of organisations and agencies have called on us to do this and I am determined that we pass this legislation this year.
12. Deputy Pauline Tully asked the Minister for Justice the actions he is taking to resolve the concerns highlighted in a report (details supplied), which identified significant concerns about the environmental accessibility of Irish prisons for people with disabilities, with some individuals being unable to leave their cells or wings for large portions of their prison stay and, accordingly, having limited access to education, employment and recreational activities; and if he will make a statement on the matter. [25310/23]
Will the Minister outline the actions he has taken to resolve the concerns highlighted in the report, Making Rights Real for People with Disabilities in Prison, by the Irish Penal Reform Trust?
The Irish Prison Service is committed to providing safe, secure and respectful care for all of those committed to custody. I accept that for those with a disability, the prison environment can provide significant challenges, but I can assure the Deputy that any prisoner who, following assessment, requires supports with activities of daily living is accommodated in a suitable setting. This applies to the physical infrastructure and to the support of healthcare assistants who provide a full range of personal care services to meet prisoners' needs.
As the Deputy will be aware, the prison estate in Ireland consists of a mix of old historical buildings and new, more modern facilities. The Government has made significant investments over recent years to modernise facilities and replace outdated accommodation. New prison developments include dedicated accommodation suitable for people with disability or mobility issues. These cells are on ground floors and are equipped to meet the needs of the user. For example, the modern prison buildings in Limerick, Cork, the Midlands and Wheatfield prisons include accessible accommodation and the Dóchas Centre has 30 cells which are wheelchair accessible. In addition, the refurbishment of the training unit in Mountjoy Prison included the installation of two high-dependency suites should a prisoner require full nursing care, and the Irish Prison service has, as part of its fleet, wheelchair accessible transport.
In relation to the provision of supports and services, including education and training, education in prisons is delivered in partnership with the education and training boards, ETBs. I assure the Deputy that at all times prison education seeks to deliver relevant programmes that ensure broad access and high participation. Indeed, education staff in prisons are particularly vigilant in identifying individual education needs and discuss each prisoner's needs with them on application to the school, including their literacy levels and any additional supports that are required.
I thank the Minister of State for his reply. The report, which was published in 2020, identified significant concerns about the environmental accessibility of Irish prisons. Some individuals were unable to leave their cells or their wings for large portions of their prison stay and had limited access to education, employment and recreational activities. The report makes a number of recommendations, one of which is that accessibility audits be carried out. I am aware that some of our prisons are in older buildings, but we must ensure any new extensions or new premises are built to the Universal Design ++ standard to ensure they are physically accessible to people with physical disabilities. It is also recommended that information provided to prisoners is in accessible formats. Quite a large number of prisoners have intellectual disabilities and may not fully understand prison rules. Those rules should be explained to them in accessible formats, such as large, easy-to-read print, electronic format, Irish Sign Language, ISL, audio files and so on. Information on the complaints procedure should also be provided to them in an accessible format.
The provision of education and training is key to reducing recidivism. The Prison Service provides supports and services, from basic literacy and numeracy education right up to third-level qualifications. The provision of education in prisons is delivered in partnership with the ETBs. I assure Deputy Tully that at all times prison education seeks to deliver relevant programmes that ensure broad access and high participation. The education staff in prisons are particularly vigilant in identifying individual education needs. They discuss each prisoner's needs with them on application to the school, including their literacy levels and any additional supports that are required.
To meet the needs of the increasing number of people in custody, the Prison Service's psychology service has enhanced its model of care to provide greater breadth of provision through group work and workshops for people with disabilities or neurodiversity. The focus is on supporting people through talk therapy in relation to mood and anxiety difficulties, personality difficulties, post-traumatic stress disorder, self-harm, suicidal behaviour, eating disorders, psychosis, schizophrenia, and addiction. Staff also assess, diagnose and work with people with developmental disorders, including intellectual difficulties, cognitive decline and traumatic brain injuries.
Training for all staff is also very important so that they have a better understanding of the need not to discipline prisoners for behaviours related to their disability. Solitary confinement for anyone with a disability should be prohibited. It is also recommended that the service would provide quiet cells for those with sensory issues.
The Irish Prison Service is doing an excellent job. Representatives of the service appeared before the Oireachtas Joint Committee on Disability Matters in recent months and said that the service is understaffed in areas like psychology. There are 2,000 prisoners using the psychology services but a substantial number are on a waiting list. That needs to be addressed. They also made the point that a large number of people with mental health issues in prisons might not be there if they had been given the proper supports in society. I know of a number of people who ended up in prison because the local psychiatric unit refused to accept them. We need to look at providing more supports for people in the community and in our hospitals to ensure they do not end up in prison, which is not a suitable environment for them and which can worsen their disability.
I want to speak about people with psychosocial disabilities and mental health difficulties in prisons. It is reported that 17 men and women are currently waiting in prison to be admitted to the Central Mental Hospital. Four of them are so gravely unwell and suffering from psychosis that they must be barrier-handled, whereby only prison officers in full riot gear and shields can deal with them. That is absolutely inhumane in a modern society. One man has been waiting for two years to be admitted to the Central Mental Hospital.
I have tabled another related question that we will probably not reach today. It relates to the crisis de-escalation team the Department was hoping to get up and running in Limerick. It has been delayed for the past while. It is a pilot scheme that I really welcomed when it was announced by the former Minister for Justice, Deputy McEntee. The objective is to prevent people entering the judicial system in the first place. If we could get an update on that pilot programme, that would be fantastic.
I agree that prison officers need to be trained to support people with disabilities, mental health difficulties and those with a history of trauma, and that is happening. All recruit prison officers are provided with extensive training to equip them to work supportively with and manage vulnerable people. Irish Prison Service psychologists contribute to the training on mental health awareness and the link between trauma and offending in neurodiversity.
In addition, work is progressing in some prisons on more autism-friendly environments with the support of AsIAm. This includes training of staff and changes to physical infrastructure, particularly in waiting areas, and initiatives such as the development of a sensory garden in Wheatfield Prison, which the Minister, Deputy Harris, opened recently.
As regards mental health specifically, the Minister, Deputy McEntee, set up the mental health task force. It has reported, and its report being implemented. We also recently opened the new National Forensic Mental Health Service hospital, which will help provide additional services in a timely manner. Outreach is done into our prisons as well.
I am aware of the scheme in Limerick. It is a very important scheme. I do not have an update on it here but I will get the Deputy one.
13. Deputy Mark Ward asked the Minister for Justice his plans to extend youth diversion projects to under-25s; when such an extension could be made; the estimated number of young people who could be diverted from the judicial system as a result; and if he will make a statement on the matter. [24770/23]
What plans are in place to extend youth diversion programmes to the under-25s? When could such an extension be made? What is the estimated number of young people who could be diverted from the judicial system as a result? May I have a statement on the matter?
I thank the Deputy for asking this important question.
Youth diversion has been in place for young people under 18 for many years. At present, a young person under 18 who commits an offence can be given access to the Garda diversion programme, including supervision by a Garda juvenile liaison officer. A diversion system can provide a second chance and enable people to avoid prosecution and a criminal record.
Research tells us that young adults, not unlike adolescents, can be particularly vulnerable to peer pressure, difficult personal or socio-economic factors, including substance misuse, and the impact of childhood trauma. In addition, scientific evidence tells us that the human brain and maturity continue to develop beyond adolescence and into the mid-20s.
A conviction can result in a chain reaction of negative outcomes for a young person, limiting employment opportunities, preventing them from getting visas to travel abroad and excluding them socially, all of which can feed into reoffending cycles, which is not to anyone's benefit.
The diversion programme has proved to be very successful in diverting young people under 18 away from crime by offering guidance and support to them and their families. It is important that we consider the supports and interventions needed for young people as they move into adulthood because personal circumstances do not just change overnight when someone turns 18.
As the Deputy will be aware, in November 2022 I published a discussion paper on diverting young adults aged 18 to 24 from entry into the wider criminal justice system, in line with the commitment in the programme for Government and the youth justice strategy. The proposals contained in the discussion paper suggest extending a system similar to the Garda youth diversion scheme to young adults aged 18 to 24 who offend. That consultation closed in January, and my Department is considering the results. The Department will hold an open policy forum in the coming months to provide a further opportunity for consultation and engagement with stakeholders, which will include expert speakers, discussion groups and feedback.
I welcome the discussion paper that was published at the one-day conference on youth justice held in Croke Park. I have already suggested that the diversion programmes should be for young people up to the age of 25. The idea behind that is to divert those who have committed minor offences - and I stress minor offences; it has to be stressed - from the judicial system. Their rehabilitation should be able to take place within their communities. I have often spoken in this Chamber about how we can best resource our communities. One of the best ways we can do so is to stop young people reoffending. That would have a big economic and social impact on our communities.
The Minister of State mentioned the report. When will the results of the report be published? When will the Opposition get insight into what recommendations are in the report?
I wish to ask a supplementary question on the same matter. I welcome the Minister of State's commitment to youth diversion programmes. As regards youths' encounters with the criminal justice system, however, is the Minister of State aware of the anomaly whereby, under the Children Acts, if a minor is charged with a crime but not sentenced until they pass the age of 18, they will be sentenced as an adult, whereas if that same case comes before the court before their 18th birthday, they will be sentenced as a minor? There seems to be an unfairness there. Two individuals having committed the same offence could have two totally different sentences, depending merely on the date on which the prosecution was in a position to run the case, outside the control of the victim, outside the control of the offender, outside the control of everybody bar, arguably, the State. It seems to be an unfairness and an anomaly in the system. Is there anything in progress to address that?
On Deputy Lawless's question, we are very much aware of that situation. Amending legislation will be brought forward this year to address it.
In response to Deputy Ward's question, some of the common themes that emerged from the submissions included consideration of a strategy developed specifically for young adults aged 18 to 24 who offend, grounded in evidence as to what works to promote and support desistance from offending behaviour among that age group; incorporating restorative justice and its collaborative and proactive solutions; training within the diversion programmes for 18- to 24-year-olds; and wraparound services ensuring a referral pathway for addiction services, employment, training, mental health services, local housing authority services and practical family interventions which support improved family functioning and relationships. I agree with the Deputy that supports in the local community where the young person is benefits both the young person and the community itself. I do not have an answer specifically in respect of publication of the work to date but I will certainly get one for the Deputy.
I agree with the Minister of State. We are on the same page on this one. In order for this to work, we have to resource our communities and put in place the proper resources in our communities to allow them to build resilience to crime, to build up youth diversion projects, as the Minister of State mentioned, and to build up addiction services. Some of the areas I represent are crying out for addiction services for those under 18 years of age, for example. Those are some of the things that can be put in place.
Many young people start using drugs before the age of 25, and at the moment taking a drug is a criminal offence. We all look forward to recommendations of the citizens' assembly on drug use that is ongoing. This youth diversion scheme, however, is not for hardened criminals; it is for young people who make mistakes. As the Minister of State indicated, it is to give people a second chance. It will make a big difference in people's lives and stop them going into that cynical cycle of going in and out of prison from a very early age. Anything that can be done should be done, and I would like to see that report published as soon as possible.
I again thank the Deputy for raising the question. We have significantly increased the funding for youth diversion projects. Also, I have met with the Minister, Deputy O'Gorman, and my Civil Service staff are engaging with other Departments. I agree with the Deputy that youth diversion projects are hugely important, but we also need all our various services, whether underage addiction services or early school leaver programmes, such that all the various organisations helping young people for that second chance are engaged together complement one another. That is probably the best way we can do that. They all come under different Departments, but we are actively ensuring that there are not those silos in place. We have some really good examples around the country, particularly in Dublin, of those agencies working very well together informally. One thing I notice when I travel around the country is that where those services are provided in the same building or on the same campus, as they often are, the various youth workers get a real bounce off one another with that shared expertise. We are actively looking at that.
