Éamon Ó Cuív
Question:23. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality when she will establish the Parole Board on a statutory basis; and if she will make a statement on the matter. [17114/16]
View answerParole Boards
Questions (23)
Written answers
The establishment of a Parole Board on a statutory basis was a commitment under the previous Programme for Government. I have publicly stated my intention to develop and bring forward legislative proposals providing for a statutory Parole Board and this was also a commitment in the Fine Gael manifesto earlier this year.
Draft proposals have been under development in my Department to establish a statutory Parole Board which will set out the Board’s functions, powers and structure. The objective is a more effective and streamlined parole process which, while being of benefit to the prisoner, will always have public safety as a paramount concern.
As the Deputy is no doubt aware, the Parole Bill 2016, a Private Member’s Bill, was introduced by Deputy Jim O’Callaghan on 24 May 2016. The aim of this Bill is also to establish the Parole Board as an independent statutory body and confer on it responsibility for granting parole to eligible offenders.
The Bill completed Second Stage in this House on 15 June 2016. As the principle of establishing the Parole Board on a statutory basis is in line with Government policy, on that basis I did not oppose the Bill.
There are a number of legal and technical difficulties which must be addressed to ensure any new framework is constitutionally and legally sound and operationally practicable and effective. The principal concerns with the Parole Bill introduced into the House last week relate to potential constitutional issues arising from a Parole Board completely independent of the Executive, the appeal mechanism, the issuing of warrants by the board, the exemption of certain categories of offenders and the quasi-judicial nature of the board as envisaged in the Bill. The financial implications must also be considered.
I can assure the Deputy that I am fully committed to the establishment of a statutory Parole Board. Both the proposals under development within my Department and those in Deputy O’Callaghan’s Parole Bill are being considered in conjunction with each other, and I look forward to engaging with Deputy O’Callaghan in this regard.
Garda Misconduct Allegations
Questions (24)
Clare Daly
Question:24. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the steps she has taken to ensure that Garda Síochána whistleblowers are not subjected to bullying and harassment; and if she will make a statement on the matter. [17105/16]
View answerWritten answers
As the Deputy is aware, there has been significant change in the procedures for members of the Gardaí who wish to report allegations of wrongdoing.
Prior to the Protected Disclosures Act 2014 coming into operation, whistleblowing by members of the Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. Those Regulations were revoked by the 2014 Act and an entirely new system was put in place.
The 2014 Act was part of the then Government's comprehensive approach to enhancing the protections available to whistleblowers, including members of the Garda Síochána. Under the Act, the Garda Síochána Ombudsman Commission (GSOC) is now the prescribed body authorised to receive protected disclosures on Garda matters. GSOC is a statutorily independent body under the Garda Síochana Act.
However, Gardaí who wish to make protected disclosures may do so to other persons who are prescribed for this purpose. Accordingly, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure directly to GSOC. Where a protected disclosure is made to GSOC the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure.
It is important to recognise the very significant fact that a member of the Garda who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.
In light of the public interest in An Garda Síochána having robust policies and procedures in place to support and protect whistleblowers and to ensure that their complaints/allegations are fully investigated, I signalled during the Dáil debate on the O'Higgins Report that I would refer certain matters to the independent Policing Authority. To that end, I wrote to the Authority on 2 June 2016 requesting that in accordance with section 62O(6) of the Garda Síochána Act 2005 (as amended) they submit a report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers/whistleblowing. I also asked that they make any recommendations that they consider appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistleblowers can make complaints/allegations in a safe environment where their complaints/allegations are properly investigated.
The Deputy is also no doubt aware of the measures that the Garda Commissioner outlined at her recent meeting with the Policing Authority. The Garda Síochána has published its Protected Disclosures Policy and all Garda Members and civilians have been informed of this policy. In addition the Garda Commissioner has appointed a Protected Disclosures Manager who will be supported with a dedicated and properly trained team. The Garda Síochána is working with Transparency International Ireland and other external providers to create an environment to ensure that whistleblowers are protected and supported.
The Garda Commissioner is committed to providing a positive and supportive working environment for all Garda personnel. An Garda Síochána's Dignity at Work Policy, entitled "Working Together to Create a Positive Working Environment", outlines the policy and procedures for dealing with Harassment, Sexual Harassment and Bullying in the Workplace. The main Objective of the policy is to achieve a safe and harmonious working environment that encourages and supports the right to dignity at work. I am informed that the Commissioner has established an internal Garda Work Group to review the current practice and policies in place in An Garda Síochána and this work is currently ongoing.
All of this points to the very significant changes in the regime for making protected disclosures by members of the Gardaí and the significant protections afforded to those who make protected disclosures. I am satisfied that the legislative and administrative provisions now in place will prove to be an effective remedy for Garda members who wish to report their concerns regarding potential wrongdoing.
Garda Investigations
Questions (25)
Paul Murphy
Question:25. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality if she has received reports or updates from the Garda Commissioner on investigations within An Garda Síochána concerning the leaking of information on ongoing Garda investigations to the media; and if she will make a statement on the matter. [17132/16]
View answerWritten answers
As the Deputy is aware, the instigation and management of any criminal investigation is a matter for the Garda authorities. I hope the Deputy will appreciate that I have no role in this regard and that I would not normally receive reports in relation to investigations.
On a general note, however, I can say that, as an organisation, the Garda Síochána takes its responsibility for the control of the information it possesses about individuals very seriously. Unauthorised disclosure of information can impede the investigation of an offence and the apprehension or prosecution of suspected offenders and can seriously undermine public confidence in the ability of the Garda Síochána to carry out its functions.
I understand from the Garda Commissioner that it is the policy of the Garda Síochána that overall responsibility for releasing Garda information to the media rests with the Garda Press and Public Relations Office. Members of the Garda Síochána are prohibited, except in specified circumstances, without the authority of the Commissioner from communicating either directly or indirectly with the media or furnishing to the media any information in connection with the investigation of crime or other official matters.
Any member of the Garda Síochána who leaks information to the media is not only contravening clear Garda policy, but is also contravening the law. It is an offence under the Official Secrets Act 1963 for a member of the Garda Síochána, as for any public official, to disclose official information without lawful authority. It is also, quite separately, a distinct offence under section 62 of the Garda Síochána Act 2005 for a member of the Garda Síochána to make an unauthorised disclose of information obtained in the course of duty if the member knows that such disclosure is likely to have a harmful effect. The section sets out a list of instances of harmful effect covered by this offence, which includes for example disclosures which result in the publication of personal information constituting an unwarranted and serious infringement of a person's right to privacy. The penalty for such an offence, upon conviction on indictment, is a term of imprisonment for up to 5 years and-or a maximum fine of €50,000.
Any member of the public who believes that he or she has been the subject of unauthorised disclosure of information by a member of the Garda Síochána may make a complaint to the independent Garda Síochána Ombudsman Commission, which has extensive powers of investigation.
Direct Provision System
Questions (26)
Gino Kenny
Question:26. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality her plans for the direct provision system; and if she will make a statement on the matter. [17152/16]
View answerWritten answers
The Government has indicated its commitment in the Programme for a Partnership Government to reforming the Direct Provision system, with particular focus on families and children. The Report of the Working Group on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, has set out a series of recommendations for reform of the system. These have implications for a number of Government Departments and services.
The Report indicated a two-way approach towards improving the life of persons within the protection process by (i) improving the application process and thereby reducing the length of time spent by applicants in State provided accommodation and (ii) improving the quality of life of those in accommodation through improvements of services within the accommodation system itself but also the supports available through other agencies and bodies.
The 173 recommendations in the Report were taken forward by the Cabinet Committee on Social Policy and Public Service Reform. To date, a total of 91 recommendations have been implemented, a further 49 recommendations have been partially implemented or are in progress, and the balance remain under consideration.
The International Protection Act 2015 responds to 26 of the Report's recommendations. The Act provides for the introduction of a single application procedure for international protection which is a key recommendation of the Report. The single procedure is specifically aimed at addressing the length of time that persons spend in the protection process. The new procedure will significantly streamline and speed up the processing of protection applications and will reduce the length of time that persons spend in the Direct Provision system. Preparations for commencement of the single procedure are progressing.
The Reception and Integration Agency is working on solutions in respect of the key improvements in living conditions and catering solutions for families. Catering solutions are already in place in some centres and a pilot project will be commenced shortly at an additional centre with a view to rolling out that model across centres in the coming months. Work is also advancing on extending the remit of the Ombudsman and Ombudsman for Children to include Direct Provision centres.
Prisoner Complaints Procedures
Questions (27)
Brendan Howlin
Question:27. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality her views on the report of the Inspector of Prisons on the prisoner complaints system review, evaluation and analysis of the operation of the present Irish Prison Service complaints procedure, which identified a number of significant concerns regarding the implementation of the complaints procedure in prisons; and if she will make a statement on the matter. [17141/16]
View answerWritten answers
The current statutory complaints procedure for prisoners was introduced in 2013 following on from recommendations made by the Inspector in 2012. It was an improvement over the pre-existing procedures and provided for an independent element in the investigation of serious complaints. Details of that system are further outlined in my response to Dáil Question 113 on 4 May 2016.
The report of the Inspector of Prisons on the prisoner complaints system “Review, Evaluation and Analysis of the Operation of the present Irish Prison Service Complaints Procedure” was published on 8 June 2016 and is available on my Department's website - www.justice.ie. This identified a number of concerns in the implementation of the current complaints procedure. Arising from this I met with the Inspector of Prisons to discuss his findings. The Inspector made it clear to me that he considered the Irish Prison Service has to retain a central role in the complaints process but with independent oversight and that he was satisfied that a fair and effective complaints procedure could be achieved with the implementation of his recommendations. I also had a separate meeting with Director General of the Irish Prison Service to see what action needed to be taken following on from the report.
In the light of this report it is clear that more needs to be done before we have a system that will gain the full confidence of staff, prisoners and the general public. One of the key recommendations in the Inspector's report is that prisoners’ complaints would be subject to review by the Ombudsman who would also be able to deal with complaints directly in the case of undue delay. I accept this recommendation and my officials have already had an initial exploratory meeting with the Ombudsman's office and will be raising this issue with Department of Public Expenditure and Reform.
Another recommendation is that complaints would also be categorised as either serious Category A or minor Category B and that a robust investigative mechanism must be put in place, in prisons, to ensure the proper investigation of Category A complaints. While I fully accept this recommendation I am concerned that replacing external investigators with an internal IPS team of investigators might give rise to a perception of bias. I have directed that more training be provided for external investigators and that this independent investigative element be maintained for a 12 month period and then reviewed.
I have also accepted further recommendations in the report. These include resolving minor complaints at the lowest level; allowing prisoners make complaints to relevant professional bodies; prisoners being entitled to an explanation for decisions made affecting them; frivolous and vexatious complaints being addressed and fair procedures applying. Similarly the recommendations on adequate training, adhering to protocols and statutory obligations, holding staff to account, not hindering the complaints procedure and having an effective communication system are accepted.
In my meeting with the Inspector about his report, I specifically asked him to keep the complaints procedure under review and to give her regular reports. I emphasised that the rights of all prisoners, including vulnerable prisoners, have to be promoted and an effective complaints system is just one aspect of achieving this goal.
While some amendment to secondary legislation may be required to effect these recommendations, it is not envisaged that primary legislation would be required.