Written Answers Nos. 26 - 32
26. Deputy Mick Wallace asked the Minister for Justice and Equality if he will consider establishing a Garda Síochána independent board with monitoring, supervisory and oversight functions over An Garda Síochána in order to strengthen the democratic accountability of the force; and if he will make a statement on the matter. [5351/14]
View answerIt is important that the Garda Síochána is operationally independent and democratically accountable. The Garda Síochána Act 2005 seeks to achieve those objectives by specifying the functions of the Garda Commissioner and the Force, on the one hand, and the Minister for Justice, the Government and the Houses of the Oireachtas on the other. The Act provides that the Commissioner has the function of directing and controlling the Garda Síochána, and that he is accountable to the Minister for the performance of that function. The Commissioner is responsible for recruitment, training, discipline, the distribution of members and for all other aspects of the management and administration of the Force. The Act also made the Commissioner the Accounting Officer for the Force, and liable to appear before the Committee of Public Accounts in that capacity.
In addition, the 2005 Act established the Garda Ombudsman Commission, which is empowered to carry out independent investigations into Garda conduct, and also the Garda Inspectorate, which provides expert advice on achieving the highest levels of efficiency and effectiveness in the operation and administration of the Force. The accountability of the Garda Síochána has, through these measures, been significantly strengthened.
There are those who advocate a police authority, but the onus is very much on them to explain how this would improve accountability. Up until recently, England and Wales would have been one of the main examples of a comparable jurisdiction with police authorities. But police authorities there were abolished in 2012 and replaced by directly elected Police and Crime Commissioners, precisely on the ground that police authorities were not sufficiently democratically accountable. It is true that Northern Ireland retains a police authority - the Policing Board - and it does a good job, but most people understand that the need for the Policing Board arises from the unique requirements associated with the need for confidence building in a cross-community environment.
Another important point often overlooked by those who advocate a separate authority is that the Garda Síochána is not only the police service in this jurisdiction, but is also the security and intelligence service of the State. This makes it even more appropriate that the Garda Síochána should be accountable to the Government and ultimately to the Oireachtas. I am willing to listen to all legislative proposals on accountability, but they must deal with the issues involved in a comprehensive and complete way.
27. Deputy Niall Collins asked the Minister for Justice and Equality his planned reform of the Garda Síochána Ombudsman Commission; and if he will make a statement on the matter. [5296/14]
View answer47. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to introduce amending legislation to give more powers to the Garda Síochána Ombudsman Commission; and if he will outline what those additional powers will be. [5335/14]
View answerI propose to answer Questions Nos. 27 and 47 together.
The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.
With regard to the case for additional powers, I have already said that the Garda Síochána Ombudsman Commission has extensive powers, including full police powers of investigation. These include powers relating to, for example, entry and search of any place pursuant to a warrant, arrest with or without a warrant, search of a person, detention and questioning, taking fingerprints, issuing a summons and the bringing of a charge against a person.
I am, however, currently reviewing the relevant provisions of the 2005 Act and examining suggestions by the Ombudsman Commission for changes to it aimed at enhancing the process of investigating complaints. Once my review is complete, I will bring forward proposals to Government to address any amendments considered necessary. I would also refer the Deputy to a review of the Garda Síochána (Discipline) Regulations 2007 which is underway.
As the Deputy is aware, revised protocols were agreed and signed by the Chairperson of the Ombudsman Commission and the Garda Commissioner on the 23rd September 2013. These revised protocols put in place clear procedures for the timely sharing of information and more generally for enhanced co-operation. The new protocols will support the Ombudsman Commission in carrying out investigations in the most effective and timely manner possible, to the benefit of both complainants and members of the Garda Síochána alike. They also reflect the commitment of the Garda Commissioner to the full co-operation of the Garda Síochána in these investigations.
In addition in relation to the question of access by the Garda Ombudsman Commission to the PULSE system, new protocols were agreed last year between the Garda Commissioner and the Chairperson of the Garda Ombudsman Commission. These revised protocols provide that the Garda Ombudsman Commission has access to PULSE through the two Garda Superintendents working on secondment with the Garda Ombudsman Commission (in this context, under the 2005 Act, a member of An Garda Síochána, during a period of temporary service with the Garda Ombudsman Commission, is not subject to the direction or control of the Garda Commissioner.)
However, the above notwithstanding, and in particular in respect of this investigation, where information on the PULSE system, how it is recorded, and the detail of the information is of central relevance, the Garda Commissioner and I are agreed that the Garda Ombudsman Commission will have direct access to the PULSE system, without the need to go through the intermediary of a seconded member of An Garda Síochána. Going forward, this will be the case for both this and any other investigation in which the Garda Ombudsman Commission is engaged. The revised protocols will be amended accordingly and arrangements will be made to put in place the necessary technical infrastructure and training required to facilitate this access.
28. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if his attention has been drawn to the fact that the terms of the ex gratia scheme to which eligible women must agree if they are to receive compensation contain a provision which states that applicants who are determined to be eligible under the scheme and who have accepted the offer made to them and signed the acceptance form and statutory declaration will be granted access to a range of public health services within the State once the necessary legislation is in place; if his attention has been further drawn to the fact that this provision is contrary to commitments he articulated in Dáil Éireann regarding the provision of health supports for eligible women residing outside the State. [5273/14]
View answerThe Deputy will appreciate that the provision of medical services will be done through the Department of Health and the details of exactly what services will be provided, where they will be provided and how they will be provided will, have to be fully determined by them. In that context my officials are working with officials in the Department of Health on finalising the drafting of the necessary legislative provisions as quickly as possible. The provisions will then be brought to Government by me and published. The text that is currently set out in the Ex Gratia Scheme Document referring to the provision of medical services was drafted on advice from the Department of Health. However, it is not the final position and will be revised accordingly to reflect what is provided for within the legislation.
30. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when he will be reforming the law in relation to the use of the court poor box, particularly for persons charged with road traffic offences. [5337/14]
View answerAt its meeting yesterday, the Government approved the drafting of the Criminal Justice (Community Sanctions) Bill, which will replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system. The details of the proposed Bill will be announced in due course. It is intended that the legislation will provide for a transparent statutory Reparation Fund to replace the Court Poor Box, as recommended by the Law Reform Commission in its 2005 report The Court Poor Box: Probation of Offenders. I will consider the issue of the applicability of the Reparation Fund provisions to road traffic offences during the drafting of the Bill, in consultation with the Minister for Transport, Tourism and Sport.
31. Deputy Joan Collins asked the Minister for Justice and Equality the progress he has made in relation to cases of Garda malpractice handed in to his offices in October 2013 from citizens across the State in response to his request for such information during the discussion on the Garda Síochána (Amendment) Bill 2013; and the reason he has not been in contact with these persons. [5295/14]
View answerMy Department has been examining the correspondence from 24 individuals which was delivered to my office on 17 October 2013. This correspondence was acknowledged upon receipt and an examination was arranged of the cases in order to ascertain whether the individuals concerned have availed of the appropriate mechanisms for the consideration of their complaints. Some of these complaints date back a number of years, and some relate to bodies other than the Garda Síochána. The review has been quite time consuming but is now almost finalised and I can inform the Deputy that a reply will issue to each of the 24 individuals in the very near future.
32. Deputy Ciara Conway asked the Minister for Justice and Equality the number of children engaged in the Garda diversion programme; the number with juvenile liasion officers; his plans to review and develop the programme; and if he will make a statement on the matter. [53276/13]
View answerThe Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The objective of the Diversion Programme is to divert any child who accepts responsibility for his or her criminal or anti social behaviour from committing further offences or engaging in further anti social behaviour. This is done by way of administering a formal or informal caution, thus diverting the offender away from the courts and minimising the likelihood of further offending. The Programme embraces, whenever possible, the principles of restorative justice and the programme also pays regard to the needs of the victims of youth offending.
The Programme is supported by 100 Garda Youth Diversion Projects (GYDPs). These projects are nationwide, community-based, multi-agency crime prevention initiatives. The projects are run in partnership with An Garda Síochána and funded/overseen by my Department‘s unit within the Irish Youth Justice Service. These projects seek to divert young people from involvement in anti-social and/or criminal behaviour. Annual Reports of the Committee appointed to monitor the effectiveness of the Diversion Programme under Part 4 of the Children Act 2001, as amended, are published each year and are available on the website of the Irish Youth Justice Service (www.iyjs.ie). The reports include detailed statistics in relation to the operation of the Programme including details of the resources deployed by the Commissioner in relation to the Programme.
The 2012 Report, which was published recently, shows that 12,246 children were referred to the Programme in that year, down from 12,809 in 2011. Fifteen percent of the children (1,822) were deemed unsuitable for the Programme and their files were returned to the local Gardaí for possible prosecution. The report also shows that there were 123 Juvenile Liaison Officer (JLO) posts comprising of 115 Gardaí and 8 JLO Sergeants.
The Garda Juvenile Liaison Officer engages with the child offender in a variety of ways. The majority of children who are admitted to the Diversion Programme receive an informal caution. The informal caution generally does not involve a period of supervision by the JLO. Thus the interaction between the JLO and that child and family in this situation may be limited to one or two meetings. Children who receive a formal caution are placed under the supervision of a JLO. This will involve a series of meetings with the child and his or her family over a period of time up to 12 months.
With regard to development of the Programme, you may be aware that earlier this week, I along with my colleague the Minister for Children and Youth Affairs, launched "Tackling Youth Crime - Youth Justice Action Plan 2014-2018". This Plan is also available on the Youth Justice website - www.iyjs.ie. The Plan sets out specific objectives addressing the development and use of diversion in the community. The range of initiatives being pursued include:
- improving the analysis of youth crime through the Garda Analysis Service,
- utilising our resources in areas of greatest need and to establish effective crime prevention supports in cooperation with other youth service providers nationwide.
- improving the effectiveness of the Garda Youth Diversion Projects by further development of focussed interventions which challenge and divert young people from offending behaviour;
- the alignment of Garda Youth Diversion Projects with youth offending hot spots and the maximising of links between the Diversion Programme and these projects.
Finally, it is important to state that the Diversion Programme has been shown to be successful in diverting young offenders away from crime by offering guidance and support to the young people and their families. As you will note from the Youth Justice Action Plan, Government is committed to continuing the development of the diversion approach. This is also reflected in the budget of the Community Programmes area of my Department which I have protected from cuts over the past few years.
