Robert Dowds
Question:104. Deputy Robert Dowds asked the Minister for Justice and Equality when she will appoint a new Secretary General to her Department; and the reason for the delay. [39679/15]
View answerDepartmental Staff
Questions (104)
Written answers
As I have informed the House in response to previous questions on this matter, appointments to the position of Secretary General are a function of Government. The recruitment process is undertaken by the Top Level Appointments Commission (TLAC) through the Public Appointments Service (PAS).
An open international recruitment competition for the post of Secretary General was independently run by the PAS on behalf of TLAC in 2014. However, the PAS process did not lead to any candidate being recommended for the position at that time. I am on record as saying that the circumstances facing the Justice sector at the time proved to be a factor in the position not being filled.
Mr. Noel Waters, formerly the Director General of the Irish Naturalisation and Immigration Service, has taken on the duties of Secretary General in my Department since October last. Mr. Waters fulfils all the duties of the post.
Implementation of a change programme arising from the recommendation of the Independent Review of my Department as well as the Civil Service Renewal Programme has been a top priority for my Department and this has resulted in a comprehensive range of reforms and developments including:
- Establishment of a new Management Board structure and management processes in the Department;
- Implementation of new service level agreements and new structures to ensure better oversight and coordination of all agencies under the Department’s auspices;
- Development of new HR and training policies;
- Introduction of new audit and risk management procedures;
- Establishment of a new Corporate Secretariat and appointment of a Head of Communications;
- Establishment and selection of the new post of Deputy Secretary General;
- Continuing work on a major upgrade of the Department ICT systems.
A broader programme of reform and investment has been delivered by the Department of Justice & Equality over the past year including:
- Recruitment of Garda Commissioner and Deputy Commissioners has been opened up;
- Publication of legislation to establish an independent Policing Authority;
- Enactment of the Marriage Act 2015 conferring equal status for all in relation to marriage;
- Enactment of legislation to strengthen GSOC;
- Commencement of work by the new Court of Appeals;
- Enactment of the Child & Family Relationship Act, the biggest reform in family law in the history of the State;
- Progression of the landmark Legal Service Regulation Bill;
- Reopening of Garda College to new recruits, provision for the recruitment of 1,150 trainee Gardaí by the end of 2016 and continued investment in new Garda vehicles.
With the substantial reform of the Department of Justice & Equality now becoming embedded, I will consider this matter again in due course.
Criminal Legal Aid
Questions (105)
Terence Flanagan
Question:105. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will address a matter (details supplied) regarding sentencing and legal aid; and if she will make a statement on the matter. [39706/15]
View answerWritten answers
As the Deputy is aware the Criminal Legal Aid Scheme is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a Constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a Constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
I can inform the Deputy that a new Criminal Legal Aid Bill is currently being drafted to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Legislative provisions under consideration include provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, enable the Board to verify the means of applicants and to provide for prosecution of cases of abuse.
In respect of sentencing, the legislature generally sets out the maximum sentence that can be imposed and it is then a matter for the judiciary to decide what is the appropriate sentence in a particular case taking into account all the circumstances. There is however, a mandatory sentence for murder and presumptive minimum sentences for a number of offences.
The Law Reform Commission looked at the issue of mandatory sentences in detail in their report LRC108-2013. They were in favour of retaining the mandatory sentence for murder. However they were of the view that for other offences, mandatory sentencing regimes are too rigid and have not been shown to be effective in reducing offending. They recommended that presumptive minimum sentences should not be extended and that existing provisions should be repealed.
The Strategic Review of Penal Policy report published in July 2014 made a number of recommendations about sentencing. In particular they recommended that no further mandatory sentences or presumptive minimum sentences be introduced and existing provisions should be reviewed.
I am looking at the question of sentencing legislation in the light of these two reports.
Prisoner Complaints Procedures
Questions (106)
Clare Daly
Question:106. Deputy Clare Daly asked the Minister for Justice and Equality her views regarding the prisoner complaints procedure which was introduced in June 2014, and the audit and evaluation which is currently being conducted by the Inspector of Prisons; when it will be published; and if she will make a statement on the matter. [39709/15]
View answerWritten answers
A new comprehensive prisoner complaints system was introduced in the Irish Prison Service in November 2012 based on a model recommended by the Inspector of Prisons who has independent oversight of the process. The intention was to have robust procedures in place which would give prisoners access to a credible complaints system that deals with genuine complaints in an open, transparent and independent way.
The system is categorised depending on the nature of the complaint. Category A complaints concern the most serious level of complaint (assault, serious intimidation by staff etc.). Category B complaints include allegations of discrimination, verbal abuse by officers and inappropriate searches. Category C complaints are essentially service complaints where a prisoner is unhappy with the level of service in a particular prison. Category D complaints are those alleging misconduct or mistreatment by professionals providing services to prisoners such as doctors, dentists etc.
In January 2013 the then Minister announced amendments to the Prison Rules to support and give effect to the new procedures for the investigation of prisoner complaints. In the main, the amendments to the Prison Rules provide that prisoner complaints under Category A will be examined by investigators from outside the Prison Service to ensure an effective and impartial investigation. The complainant will be kept informed and the reports by outside investigators are automatically submitted to the Governor in question, the Director General and the Inspector of Prisons. The Inspector of Prisons has had oversight of the process from the very beginning which was also strengthened by extra resources assigned to his office.
A panel of 22 external investigators were recruited and since the introduction of the complaints procedure in November 2012 (to end March 2015) there have been 240 Category A complaints investigated under the new system.
The Office of the Inspector of Prisons is a statutory, independent office established under the Prisons Act, 2007. As part of his oversight of the complaints process, the Inspector is in the process of reviewing the prisoner complaints procedure currently in operation and the outcome of that review will be presented to me on completion.
Courts Service Data
Questions (107)
Thomas P. Broughan
Question:107. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of drink-driving cases heard at Swords District Court in each of the years 2013 to 2015 to date; the outcome of each case; and if she will make a statement on the matter. [39778/15]
View answerWritten answers
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, including the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have made enquiries and the information is currently being compiled and verified. I shall arrange for the information requested to be forwarded to him shortly.
Courts Service
Questions (108, 109)
Clare Daly
Question:108. Deputy Clare Daly asked the Minister for Justice and Equality if she will take on board the criticisms of the United Nations Human Rights Committee with regard to the establishment of a second non-jury Special Criminal Court, and take steps to abolish all forms of the Special Criminal Court, with a view both to compliance with international human rights standards, and to expediting the hearing of cases. [39791/15]
View answerClare Daly
Question:109. Deputy Clare Daly asked the Minister for Justice and Equality if consideration was given to the abolition of the Special Criminal Court, as a means of dealing with the delays in hearing cases in said court, in the course of discussions regarding the establishment of a second non-jury Special Criminal Court. [39792/15]
View answerWritten answers
I propose to take Questions Nos. 108 and 109 together.
Article 38 3. (1) of the Constitution allows for the establishment of special courts in accordance with the law in cases where it is considered that the ordinary courts are inadequate to secure the effective administration of justice. Section 38 of the Offences against the State Act 1939 provides for the establishment of Special Criminal Courts. Section 38 of the 1939 Act as amended also provides that the Government may, whenever they consider it necessary or desirable to do so, establish additional Special Criminal Courts as they think fit. It also provides that whenever two or more Special Criminal Courts are in existence the Government may, if and so often as they think fit, reduce the number of such Courts and abolish those existing Courts that appear to be redundant.
There is a backlog of cases in the existing Special Criminal Court with delays of approximately twenty months in cases coming to trial. Bearing this in mind, together with the particular types of offences with which the Special Criminal Court is concerned, I sought the necessary Government approval to appoint judges to the second Special Criminal Court, thereby bringing it into existence.
However it does not necessarily mean that more cases will be referred to the Special Criminal Courts but that cases will be dealt with more quickly. The Deputy will be aware that the decision as to whether a particular case will be prosecuted before the Special Criminal Court is a matter for the Director of Public Prosecutions who is by law independent of the Government.
I anticipate that when the second Special Criminal Court commences hearing cases there will be a reduction in waiting times for cases awaiting trial. The Government considers that there are good reasons for two Special Criminal Courts. However the requirement for two Special Criminal Courts will be kept under review in this context and I have no plans at present to abolish the Special Criminal Court.