Written Answers Nos. 149-154
149. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will report on the implementation of the recommendation of Joint Oireachtas Committee on Justice, Defence and Equality in its final report on the report of the independent commission of inquiry into the Dublin bombings of 1972 and 1973 that a Garda liaison officer be appointed to assist the victims and family members of the bombings. [26170/14]
View answer150. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality in line with the need to support victims and survivors of conflict, if consideration will be given to appoint a Garda liaison officer to work with all of those injured or bereaved due to political conflict. [26171/14]
View answerI propose to take Questions Nos. 149 and 150 together.
The tragic human cost of the troubles on this island in terms of the lives lost, the people injured and the families bereaved, such as in the bombings in Dublin and Monaghan, is still felt to this very day. Our thoughts are with the victims of the many atrocities perpetrated over the course of the troubles and their families.
Arising from the report of the Barron Inquiry and the report of the Joint Oireachtas Committee on Justice, Equality, Defence and Women’s Rights the Garda Commissioner appointed a dedicated liaison officer for the victims of the bombings in Dublin in 1972 and 1973 and in Dublin and Monaghan in 1974. This dedicated liaison service has been in place since then. It is currently provided by a Garda Superintendent based at the National Bureau of Criminal Investigation in Dublin.
It is the policy of the Garda Síochána to provide effective liaison with the victims of crime and their families. The Garda Síochána is strongly aware of the importance of victims in the criminal justice system and will continue to make efforts to ensure their needs are met, particularly in respect of making information available to them. The Garda authorities are conscious of the need to ensure that the liaison process is operated in order to best address the needs of the individual victims while at the same time ensuring that criminal investigations would not be in any way compromised.
In achieving this and in the interests of operational effectiveness, Garda liaison with the victims of serious crime and their families, such as those crimes related to the conflict in Northern Ireland, is provided directly to them from the Garda Division and investigation team which is investigating the case at hand. The Gardaí in the Division which is investigating a case are in possession of the detailed and up-to-date information with regard to it and are, therefore, best placed to interact with the victims and their families. Such interaction is done directly by or under the supervision of the relevant Garda Superintendent.
I am sure the Deputy will agree that we must always be conscious that the victims of crime are individuals with individual needs and that any approach must take into account the specific requirements of the individuals themselves.
151. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if consideration will be given in the drafting of legislation to give the Garda Síochána Ombudsman Commission powers of investigation with regard to complaints arising in historic conflict-related cases, in line with the powers available to the Police Ombudsman for Northern Ireland. [26172/14]
View answerThe Deputy will be aware that, as part of the Government's comprehensive programme of reform in the areas of policing and justice in the State, I have indicated my intention to bring forward new legislation to strengthen and clarify the remit of the Garda Síochána Ombudsman Commission.
One of the issues that is being considered in the context of this project is the basis on which complaints can be dealt with by the Ombudsman Commission. The preparation of the relevant legislation is receiving priority attention within my Department and I propose to publish it as quickly as possible.
152. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if consideration will be given to extend the scheme for injured survivors of conflict at the victims of crime office to include the provision of counselling and treatment of psychological injuries. [26173/14]
View answerThe troubles on this island exacted a tragic human cost in terms of the lives lost, people injured and families bereaved. The impact of the many atrocities perpetrated over the course of the troubles lives long in our memory and is felt to this very day. Our thoughts are with the victims and their families.
As part and parcel of addressing the legacy of conflict for victims, the Government established the Remembrance Commission. Over the lifetime of the Remembrance Commission from 2003 to 2008 €3.87 million in funding was made available to individual victims of the conflict in Northern Ireland resident in this jurisdiction to acknowledge their suffering, to address economic hardship and certain medical expenses. A significant amount of funding was also made available directly to Justice for the Forgotten, a group which supports many of the victims.
The exceptional payments element of the Remembrance Commission scheme provided for the possibility for payment of counselling expenses incurred prior to the establishment of the scheme, in the circumstances outlined in the scheme. Some ongoing counselling services were provided through Justice for the Forgotten.
Although it was not possible for my Department to continue funding Justice for the Forgotten, I am happy to inform the Deputy that the group was recently awarded funding from the Department of Foreign Affairs and Trade under its Reconciliation and Anti-Sectarianism Funds to allow it to continue the important work it carries out for the victims it represents.
I might add that while it is not possible to extend the nature of the schemes administered by my Department's Victims of Crime Office, I can reiterate the assurances given previously that funding for certain ongoing medical needs of the people who sustained injuries in the bombings has been and will continue to be provided through my Department’s Victims of Crime Office.
153. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will provide for each year from 2009 to 2014 the cost to the Exchequer of the amount paid by her Department under the terms of settlements which included confidentiality agreements or confidentiality clauses. [26185/14]
View answerThe information requested by the Deputy is not readily available. I will write to the Deputy directly when this information is to hand.
154. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she has considered the recent decision of the UK Supreme Court in the Cheshire West case (details supplied); if the decision will have any impact on forthcoming legislation in this jurisdiction on the issue of mental capacity; and if she will make a statement on the matter. [26189/14]
View answerI am currently considering the implications of this case for the provisions of the Assisted Decision-Making (Capacity) Bill 2013. As the Deputy will be aware, the aim of the Bill is to safeguard the autonomy of individuals with capacity difficulties to the greatest extent possible. To that end, the Bill explicitly references the obligations regarding deprivation of liberty outlined in Article 5 of the European Convention on Human Rights. It limits the powers of attorneys and of decision-making representatives in this regard.
In order to comply with the European Convention on Human Rights, the Bill makes provision for safeguards to protect against the arbitrary deprivation of liberty of those lacking capacity who are detained for treatment for a mental disorder. The Bill ensures that the provisions of the Mental Health Act 2001 will continue to apply to any decision to detain a person for such treatment. It also ensures that there is no conflict between the Bill and the 2001 Act with respect to the treatment of a patient for mental disorder. These provisions will be re-examined on completion of the review by the Department of Health of the operation of the 2001 Act.
The Assisted Decision-Making (Capacity) Bill passed second stage in the Dáil last December and is currently being prepared for Committee Stage.
