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Thursday, 3 Jun 2021

Written Answers Nos. 141-160

Data Protection

Questions (141)

Patrick Costello

Question:

141. Deputy Patrick Costello asked the Minister for Justice if consideration will be given to an independent review of the processes of the Data Protection Commission as called for by an organisation (details supplied). [27843/21]

View answer

Written answers

Under the General Data Protection Regulation and the Data Protection Act 2018, the Data Protection Commission is independent in the performance of its tasks and the exercise of its powers.

As the Deputy will appreciate this means it does not report to me or my Department, nor has my Department any oversight or enforcement powers in relation to the Commission. The Commission operates under its own Vote, since January 2020, with its own accounting officer and lays its reports and accounts directly before the Houses of the Oireachtas.

In upholding the independence of bodies under my aegis, I must always ensure that I do not seek information, including in response to parliamentary questions, which would exceed my remit and encroach upon the legal independence of those bodies.

I understand that the Deputy has already engaged directly with the Data Protection Commissioner on the subject of an independent review at a hearing of the Joint Committee on Justice on 27 April last.

As the Deputy will be aware, the Programme for Government commits to ‘recognise the domestic and international importance of data protection in Ireland’ and states that the Government ‘will ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation’.

The Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens, which is critical to the development and growth of our digital economy.

There has been a year-on-year increase in funding for the Commission over the last four budgetary years. In Budget 2021, the funding for the Commission was increased more than five-fold from its 2015 allocation of €3.647m to €19.1m, in line with its increased functions.

My Department continues to monitor the impact of the implementation of GDPR; the impact of any possible future regulatory changes across Europe as well as any changes within industry, in conjunction with the Data Protection Commission, to ensure that the Commission continues to have the resources required to fulfil its important, statutory obligations.

That consideration will determine whether an increase in membership of the Commission is considered necessary at some future stage. In that event, the matter will be brought to Government.

Proposed Legislation

Questions (142)

Jim O'Callaghan

Question:

142. Deputy Jim O'Callaghan asked the Minister for Justice the status of the review of the laws around defamation. [29965/21]

View answer

Written answers

The review of the Defamation Act 2009 is a legislative priority for the Government and my Department.

The Justice Plan 2021 restates the Programme for Government commitment to review and reform our defamation laws to ensure a balanced approach to the right to freedom of expression and the right to protection of good name and reputation, as well as ensuring effective access to justice.

My Department has already completed extensive work on the defamation review including holding a public consultation, organising a symposium on defamation law reform, examining relevant reforms in other jurisdictions and careful consideration of recent domestic and European Court of Human Rights (ECHR) case law.

Unfortunately, completion of the review was delayed last year due to the need to prepare and enact urgent legislation to deal with the COVID-19 pandemic and Brexit.

My Department is now finalising the report of the defamation review, with options for change to the law, which I expect to receive very shortly. I intend to publish it, subject to Government agreement, very soon after that. As outlined in the Justice Plan 2021, it is intended that a General Scheme of a Defamation (Amendment) Bill will be prepared by the end of this year.

As a measure of the Government's commitment to this reform, I have already included the Defamation (Amendment) Bill, to implement the resulting legislative changes, in the Government’s updated Legislation Programme, which was published on 13 January 2021.

It is a priority for me and my Department to get the reform of defamation law right, and to bring forward the required legislation at the earliest opportunity.

An Garda Síochána

Questions (143)

Richard Bruton

Question:

143. Deputy Richard Bruton asked the Minister for Justice the way the proposed community policing model will be rolled out; and the extent to which it can be delivered within existing resources. [28086/21]

View answer

Written answers

The Garda Commissioner has introduced the new Garda Operating Model and it is designed to make the Division the central unit of policing administration, rather than the current District model. This is to provide a more comprehensive and inclusive policing service and will help strengthen the focus on Community Policing by An Garda Síochána.

An Garda Síochána has a long tradition of community policing since its establishment almost 100 years ago. That said, the Government is committed to delivering on the report of the Commission for the Future of Policing in Ireland (CoFPI) which acknowledges that policing and community safety are not the sole responsibility of the Gardaí but require a whole of Government approach.

As the Deputy will be aware, my Department recently published the General Scheme of the Policing, Security and Community Safety Bill. This Bill will improve the performance and accountability of our policing and security services, and support the human rights of all people throughout Ireland to be and feel safe in their communities. It will represent the most wide ranging and coherent reform of policing in a generation.

The Bill has four main objectives:

1. Make the prevention of harm and protection of people who are vulnerable or at risk, and the safety of communities, a “whole of government” responsibility,

2. Strengthen and consolidate independent, external oversight of An Garda Síochána,

3. Enhance the internal governance of An Garda Síochána and the role of the Garda Commissioner as CEO, and

4. Improve the independent oversight of our national security infrastructure.

This Bill has been developed on the basis of the recommendations of CoFPI following its fundamental in-depth review and builds on the work of the Policing Authority.

The Commission found that community safety requires a whole of Government approach in partnership with local communities. My Department has been developing a new Community Safety Policy and this new policy will be given a statutory basis in the Bill. To support and inform the policy, three Local Community Safety Partnerships are being piloted in Dublin’s north inner city, Waterford and Longford and will run for the next two years.

The pilots will inform the development of the rollout of Local Community Safety Partnerships in every local authority area as part of the provisions of the Policing, Security and Community Safety Bill. As the pilots will run for a period of two years, resources will be appropriated through the normal Budgetary process.

Closed-Circuit Television Systems

Questions (144)

Dara Calleary

Question:

144. Deputy Dara Calleary asked the Minister for Justice the status of the regulations and funding for Garda and community CCTV; and if she will make a statement on the matter. [29964/21]

View answer

Written answers

The Deputy will be aware that community-based CCTV is governed by Section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI 289 of 2006). This legal framework requires that any proposed community CCTV scheme must:

be approved by the local Joint Policing Committee,

have the prior support of the relevant Local Authority, which must also act as data controller, and

have the authorisation of the Garda Commissioner.

This is the legal basis for all community CCTV schemes, regardless of how they are funded. These key legal requirements have not changed since 2006. The option to establish a Community CCTV scheme is available to groups that meet these legal requirements, anywhere in the country.

Following approval by Government, my Department recently published the General Scheme of the Garda Síochána (Digital Recording) Bill. The Bill will provide a comprehensive statutory underpinning for the use of digital recording equipment by An Garda Síochána, which will include CCTV authorised in local communities by the Garda Commissioner. When enacted, this legislation will replace section 38 of the Garda Síochána Act 2005.

Since 2017, my Department has administered a grant aid scheme supporting groups wishing to establish a community-based CCTV system in their area. Eligible groups, including community groups and local authorities nationwide, can apply for grant aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000. I can confirm that funding continues to be available for 2021.

Last year the grant aid scheme was extended to cover not only new CCTV systems but also to allow funding applications for extension or upgrade of existing community CCTV systems which are incomplete or obsolete. Applicants can now also seek a once-off grant of up to €5,000 for minor maintenance costs.

Grant funding can be considered only for CCTV systems which meet the legal requirements. In other words CCTV systems which have been approved by the relevant Joint Policing Committee, the relevant local authority (also acting as data controller) and which have received the authorisation of the Garda Commissioner.

If the Deputy is aware of groups wishing to avail of the grant aid scheme, further details are available to download from the Department of Justice website - www.justice.ie - and support and guidance is available to help interested groups through a dedicated email address, fundsadmin-comm-based-cctv@justice.ie.

Departmental Priorities

Questions (145)

Kieran O'Donnell

Question:

145. Deputy Kieran O'Donnell asked the Minister for Justice the key actions which will be delivered in the Justice Plan 2021; and if she will make a statement on the matter. [30188/21]

View answer

Written answers

As the Deputy will be aware, Justice Plan 2021 outlines over 200 actions which cascade from the Department's five strategic goals which are:

1. Tackle crime, enhance national security and transform policing

2. Improve access to justice and modernise the courts system

3. Strengthen community safety, reduce reoffending, support victims and combat domestic, sexual and gender based violence

4. Deliver a fair immigration system for a digital age

5. Accelerate innovation, digital transformation and climate action across the justice sector

The Deputy is advised that mid-year and end of year reports outlining progress on the actions detailed in Justice Plan 2021 will be prepared and published on my Department’s website which will clearly indicate the actions that have been completed, those that are still in progress and will also identify those that may be delayed and the reasons why. It is hoped that this level of accountability is helpful to members of the Oireachtas and to the public.

Justice Plan 2021 is available at:

http://www.justice.ie/en/JELR/Department_of_Justice_Action_Plan_2021.pdf/Files/Department_of_Justice_Action_Plan_2021.pdf.

Proposed Legislation

Questions (146)

Thomas Gould

Question:

146. Deputy Thomas Gould asked the Minister for Justice the status of the Gambling Control Bill 2018. [30220/21]

View answer

Written answers

The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. The Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective.

As outlined in the Justice Plan 2021, I expect to be in a position to publish the Scheme of the Bill in Q3 2021, and will seek Government approval for the drafting of the bill on that basis. My Department is targeting some key milestones in the year ahead. In addition to the publication of the general scheme, it is intended to finalise the appointment of a CEO designate by the end of the year. This is the clear path towards the regulator being fully operational in early 2023.

While a General Scheme of a Gambling Control Bill was published in 2013, a considerable amount of further work has been done in the meantime. The Inter-Departmental Working Group on Future Licensing and Regulation of Gambling reported in 2019 and a European Commission funded report on the structure of a gambling regulator was produced in late 2019. The task now is to bring all three elements together, and having regard to the on-going evolution of the gambling industry, into one coherent scheme of a Bill that will deliver on the Programme for Government commitment.

Furthermore, given the size, complexity and technological development of the modern gambling industry and having regard to the current outdated and complex arrangements, it will be important that the regulator will be established on a sound footing and be adequately resourced to carry out this important task.

An Garda Síochána

Questions (147)

Michael Moynihan

Question:

147. Deputy Michael Moynihan asked the Minister for Justice the status of the strategic review of the Garda Reserve. [29969/21]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána, including the recruitment and training of Garda members and staff. As Minister, I have no direct role in these matters.

The report of the Commission on the Future of Policing in Ireland concluded that the Garda Reserve is not utilised to its full potential. The Commission recommended that future recruitment to the Reserve should be paused, pending the outcome of a comprehensive strategic review, in order to examine how best to structure the Garda Reserve to meet the needs of An Garda Síochána. I am informed by the Garda authorities that this review has been concluded and that the Garda Reserve Strategy has been approved this week and will form the basis for further development of this important aspect of the Garda workforce.

Sex Offenders Notification Requirements

Questions (148)

Denis Naughten

Question:

148. Deputy Denis Naughten asked the Minister for Justice if she is satisfied with the level of compliance by persons who are subject to the requirements of Part 2 of the Sex Offenders Act 2001; the number of breaches of these conditions recorded by An Garda Síochána in the past 12 months; and if she will make a statement on the matter. [28804/21]

View answer

Written answers

I know that the Deputy appreciates how critically important it is from a public safety point of view that we have an effective system in place for managing our sex offenders. This must be a system in which the Gardaí know where these offenders are living, and the offenders remain engaged with important, tailored risk-management and rehabilitative measures which are designed to lower the risk of the person committing further offences.

In many cases, a person found guilty of a sexual offence automatically becomes subject to the registration/notification requirements of Part 2 of the Sex Offenders Act 2001.

The sex offender is then obliged to notify the Gardaí of their name and address for a period. Any change in address must also be notified to Gardaí within a specified time. Failure to do so constitutes an offence.

Both monitoring and breach of the notification requirements are a matter for An Garda Síochána. The Garda National Protective Services Bureau has a dedicated unit, the Sex Offender Management and Intelligence Unit, which has oversight and monitoring responsibility at national level for the management of registered sex offenders.

I am advised that as of May 26th this year, there are 1,706 people recorded at the Unit who are subject to Part 2 of the Sex Offenders Act.

I am further advised that in 2020, 19 people were charged with 22 offences contrary to section 12 of the Act and this year to date, 6 people have been charged with 6 offences contrary to section 12 of the Act.

While these figures indicate that there is high level of compliance with Part 2 orders, the Deputy is aware that work is ongoing to amend the existing legislation relating to the monitoring of sex offenders.

The Sex Offenders (Amendment) Bill will, among other things, strengthen and tighten the notification requirements for convicted sex offenders.

At present a convicted sex offender has 7 days in which to notify Gardaí of their place of residence or of a change in address. The new Bill proposes to reduce this to 3 days which will remove any delay in information provided to An Garda Síochána and will better facilitate the continuous monitoring of the movement of convicted sex offenders.

An Garda Síochána

Questions (149)

Martin Kenny

Question:

149. Deputy Martin Kenny asked the Minister for Justice the staffing levels of the An Garda Síochána anti-cybercrime unit; the exact role of the unit; and if she will make a statement on the matter. [27640/21]

View answer

Written answers

As the Deputy will be aware, under the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of Garda business, including the deployment of Garda members throughout the State, including to specialist units within the organisation. As Minister, I have no role in these independent functions.

An Garda Síochána has significantly stepped up its dedicated resources in the cyber area in recent years and is continuing to grow its capabilities in this field. The Garda Commissioner established a dedicated Garda National Cyber Crime Bureau (GNCCB) last summer, led by a Detective Chief Superintendent.

GNCCB is responsible for the prevention, detection, investigation and prosecution of cybercrime incidents in the State. Cybercrime generally involves incidents where the internet, information and communication technology (ICT) systems or digital devices play a significant role in the commission of a criminal offence. GNCCB works collaboratively with local and national Garda units along with national and international stakeholders to reduce the threat and impact of cybercrime on individuals and organisations.

GNCCB is now in expansion phase, with increases of nearly 80 additional staff planned between this year and 2022, with 25 of these already in place. I am advised that this expansion of GNCCB will include the recruitment of 20 civilian expert posts at engineer grade.

I am advised by the Garda authorities that on 12 April 2021, 25 additional sworn Garda members were allocated to GNCCB, comprising 4 Detective Sergeants and 21 Detective Gardaí. 15 of these Garda members were allocated to Cyber Satellite Hubs based in Cork, Galway, Mullingar & Wexford, whilst the remaining 9 were allocated to the National Cybercrime Unit based in Harcourt Square.

I am advised by Garda authorities that total staffing levels in GNCCB stand at 45 Garda members and 6 Garda staff. I am advised that it is anticipated that a further allocation of staff to GNCCB will occur in the near future.

I am also advised that GNCCB’s own IT capability is also increasing, with a new decryption suite procured earlier this year. This work is also resourced through a smaller expert team in the National Crime and Security Intelligence Service.

As the Deputy will be aware, An Garda Síochána maintains strong international links and is liaising and co-operating with international law enforcement and security partners – Interpol, Europol, the FBI and the UK’s National Crime Agency.

A breakdown of the number of Garda members assigned to the unit is provided in the table below.

The current staffing levels at the Garda National Cyber Crime Bureau.

2021

D/Chief Supt

D/Supt

D/Insp

D/Sgt

D/Garda

Total

Harcourt Square

1

1

2

6

19

29

Cork Hub

1

5

6

Wexford Hub

3

3

Mullingar Hub

3

3

Galway Hub

4

4

Total

1

1

2

7

34

45

An Garda Síochána

Questions (150)

Mark Ward

Question:

150. Deputy Mark Ward asked the Minister for Justice the plans in place or being considered to provide a multi-agency mental health crisis de-escalation team that will include gardaí; and if she will make a statement on the matter. [29840/21]

View answer

Written answers

As the Deputy will be aware, the Garda Commissioner is by law responsible for the management and operations of An Garda Síochána, including operations with other state agencies. As Minister, I have no direct role in these matters.

I am advised by the Garda Commissioner that a pilot mental health crisis intervention team is being prepared in Limerick Garda Division. This pilot project is in line with the recommendations of the Commission on the Future of Policing, which recommended in its report the creation of a specialist uniform unit who will work conjointly with health professionals to provide a rapid and integrated 24/7 response to persons with mental health issues.

I am further advised by the Commissioner that this pilot project is being progressed in close collaboration with the HSE, and will include the creation of a crisis intervention team and specific training for members of this pilot team. It is hoped to being the rollout of this pilot team early next year.

Prison Service

Questions (151)

Éamon Ó Cuív

Question:

151. Deputy Éamon Ó Cuív asked the Minister for Justice the number of prisoners transferred in and out of this jurisdiction under transfer of prisoners provisions; the number of applications on hand at present that have not yet been adjudicated on by country; and if she will make a statement on the matter. [27627/21]

View answer

Written answers

As at 31 December 2020, one hundred and fifty four prisoners have transferred here from abroad and one hundred and ninety four prisoners have transferred out since the Act came into operation on 1 November, 1995.

As the Deputy may be aware, the Irish Prison Service is the competent body for the administration of all applications received under the provisions of the Council of Europe Convention on the Transfer of Sentenced Persons. The 2020 Annual Report on the Transfer of Sentenced Persons was published in April by my Department in accordance with section 11 of the Act.

The report deals with the operation of the Transfer of Sentenced Persons Acts 1995 and 1997 which provide a legislative basis for the Council of Europe's 1983 Convention on the Transfer of Sentenced Persons.

I can inform the Deputy that, in the past 3 years, there have been no transfers into this jurisdiction. There have been a total of 9 outward transfers completed.

In 2018 there was a total of 4 transfers, 1 to Holland and 3 to the UK.

In 2019 there was no outward transfer.

In 2020 there was a total of 5 transfers, 1 to Holland and 4 to the UK.

I can further advise the Deputy that as at 26 May, there were 24 incomplete cases, each of which are at different stages of the administrative process.

Of these 24 cases, 12 are inward and 12 are outward transfer requests.

One of the outward cases is approved by all parties and I am aware that my officials are currently awaiting confirmation from the receiving state in respect of the transfer date.

Proposed Legislation

Questions (152)

Niamh Smyth

Question:

152. Deputy Niamh Smyth asked the Minister for Justice if she is bringing forward any new legislation on gambling; and if she will make a statement on the matter. [29980/21]

View answer

Written answers

The Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps. The Justice Plan 2021 identifies the enactment of legislation to licence and regulate the gambling industry as a key objective.

As outlined in the Justice Plan 2021, I expect to be in a position to publish the Scheme of the Bill in Q3 2021, and will seek Government approval for the drafting of the bill on that basis. My Department is targeting some key milestones in the year ahead. In addition to the publication of the general scheme, it is intended to finalise the appointment of a CEO designate by the end of the year. This is the clear path towards the regulator being fully operational in early 2023.

While a General Scheme of a Gambling Control Bill was published in 2013, a considerable amount of further work has been done in the meantime. The Inter-Departmental Working Group on Future Licensing and Regulation of Gambling reported in 2019 and a European Commission funded report on the structure of a gambling regulator was produced in late 2019. The task now is to bring all three elements together, and having regard to the on-going evolution of the gambling industry, into one coherent scheme of a Bill that will deliver on the Programme for Government commitment.

Furthermore, given the size, complexity and technological development of the modern gambling industry and having regard to the current outdated and complex arrangements, it will be important that the regulator will be established on a sound footing and be adequately resourced to carry out this important task.

An Garda Síochána

Questions (153)

Marc MacSharry

Question:

153. Deputy Marc MacSharry asked the Minister for Justice the engagement her officials have had with the Garda authorities in relation to the proposed new Garda headquarters in Kilmainham; the discussions that were had with the Office of Public Works on the matter; and if she will make a statement on the matter. [29974/21]

View answer

Written answers

As the Deputy will be aware, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW.

I can advise the Deputy that officials from my Department are members of both the Project Implementation Team and the overall Steering Group for the new Garda Security and Crime Operations Centre in Military Road. These groups provide the oversight and governance of this important project. The Steering Group is chaired by An Garda Síochána with representatives from OPW providing regular project progress reports to the group.

The project will provide a new Garda Control and Operations Centre at Military Road, Dublin 8. Discussions between OPW and An Garda Síochána on the decant from Harcourt Square were initiated in 2013 with Military Road identified as the new location in November 2015.

I am further advised that planning approval was granted in August 2018. The procurement process commenced in mid 2019 and concluded in February 2020. Construction commenced in March 2020 and, notwithstanding the impact of the COVID-19 pandemic, is due to complete by end September 2022.

An Garda Síochána

Questions (154)

Martin Kenny

Question:

154. Deputy Martin Kenny asked the Minister for Justice if she will clarify the role of An Garda Síochána in the security of passengers using public transport in view of recent attacks on citizens within the transport system; her plans to seek an extension of that role; and if she will make a statement on the matter. [27641/21]

View answer

Written answers

I abhor the recent acts of violence and anti-social behaviour, which are completely unacceptable. There are a number of tools at the disposal of the Garda Commissioner, who is operationally responsible, to respond to such incidents. The Commissioner is also responsible, as the Deputy will be aware, for the management and administration of An Garda Síochána, and as Minister I have no role in these independent functions.

An Garda Síochána's mission of 'Keeping People Safe' extends to all areas of our communities, including public transport. Garda management engages extensively with transport operators, including the National Transport Authority, Irish Rail (DART and InterCity rail) and Transdev Ireland (Luas) to provide a high visibility presence through a co-ordinated approach.

I am informed that a range of regional and local operations have been put in place to prevent and detect incidents arising.

For example, Operation Twin Track was a Community Engagement and Rail Safety Policing Initiative conducted by Gardaí in partnership with other public transportation stakeholders with the purpose of providing high visibility policing of rail and light rail transport within the Dublin Metropolitan Region (DMR) and nationwide, and to deliver crime prevention advice.

A multi-agency review was conducted to examine the effectiveness of this operation and it was agreed that An Garda Síochána will continue to proactively engage with public transportation stakeholders and providers to conduct further similar operations.

I have been advised by the Garda authorities that each Chief Superintendent in Dublin has put in place a dedicated policing plan to tackle anti-social behaviour on public transport. Gardaí are conducting both overt and covert patrols of various public transport networks to address incidents of non-compliance under the Health Act 1947 (as amended), incidences of anti-social behaviour or any other criminal offences.

I am advised that An Garda Síochána do not propose to establish a dedicated transport policing unit at this time.

An Garda Síochána

Questions (155, 160)

James O'Connor

Question:

155. Deputy James O'Connor asked the Minister for Justice the plans in place to expand Garda youth diversion projects; and if she will make a statement on the matter. [29975/21]

View answer

Pádraig O'Sullivan

Question:

160. Deputy Pádraig O'Sullivan asked the Minister for Justice the status of the youth justice strategy; and if she will make a statement on the matter. [29707/21]

View answer

Written answers

I propose to take Questions Nos. 155 and 160 together.

As the Deputy will be aware, the new Youth Justice Strategy 2021 – 2027 was published on 15 April last.

The Strategy includes the full range of issues connected to children and young people at risk of coming into contact with the criminal justice system, including early intervention and preventative work, family support and diversion from crime, through to court process and facilities, supervision of offenders, detention and reintegration and support post release.

The actions in the Strategy focus on maximising opportunities to promote positive behavioural change and desistance from offending. This will require a sustained commitment to working collaboratively and effectively between State agencies and community partners, as well as a commitment to prioritise resource allocation to address factors connected to early involvement in criminal activity and more serious offending patterns.

The Strategy strengthens and expands the role of the Garda Youth Diversion Projects (GYDPs) and promotes appropriate linkages and alignment with other community-based initiatives, including those supported by the Probation Service. Bringing the full range of relevant interventions together in a coherent and holistic response to youth crime will support the objective of diverting young people from crime and anti-social behaviour.

There are currently 105 GYDPs nationally and the intention is to further develop this service so that it is available to every child in the State who could benefit from it, through an ongoing expansion of existing services and the foundation of new projects where necessary. Funding for GYDPs has increased every year since 2015. €15.3 million was provided in 2019 and at least €15.6 million was provided for 2020. €18 million funding has been provided for 2021 with a further allocation of €3m for the Greentown pilots, Bail Supervision Scheme and Research Evidence into Policy Programmes and Practice (REPPP).

The Strategy also provides that, where necessary, GYDPs can provide a broader range of services, including family support and engagement with children aged 8-12 years, as well as developing enhanced approaches to engaging with harder to reach children and young people who may have more entrenched patterns of offending.

The Youth Justice Strategy provides a framework to:

- prevent offending behaviour occurring;

- divert children and young adults who commit a crime away from further offending and involvement with the criminal justice system; and

- enhance criminal justice processes, detention and post-detention measures, to provide consistent support to encourage desistance from crime and promote positive personal development for young offenders.

The Youth Justice Strategy 2021 – 2027 is available on my Department’s website.

Antisocial Behaviour

Questions (156)

Martin Kenny

Question:

156. Deputy Martin Kenny asked the Minister for Justice if her attention has been drawn to the fear and frustration in communities which are victims of antisocial and criminal behaviour in cities here; and if she will make a statement on the matter. [27642/21]

View answer

Written answers

I am very conscious of how anti-social behaviour affects the quality of life for many local communities.

My Department's Justice Plan 2021 contains a number of commitments to tackle anti-social behaviour.

In line with a commitment in the Programme for Government, Minister of State Browne has established a special expert forum on antisocial behaviour. A subgroup of this forum has already helped to develop a new scheme to tackle the misuse of scramblers and quadbikes and similar sub groups can also be established for other issues where appropriate.

On 15 April last, my Department launched the new Youth Justice Strategy 2021-2027 which aims to respond collaboratively and effectively to the situation of vulnerable children and young people, with a strong focus on diverting them away from offending, and building supports to provide prevention and early intervention.

Anti-social behaviour will also be tackled by Local Community Safety Partnerships which are to be set up in every local authority under my Department’s new community safety policy. Three pilot partnerships are currently being established in Dublin’s north inner city, Longford and Waterford and will run for the next two years, ahead of the nationwide rollout.

The safety of the public is the mission of An Garda Síochána and Community Gardaí are present in, and available to, all communities. There is close ongoing liaison with community leaders and schools to discourage anti-social behaviour, along with engagement with residents associations and communities to drive a partnership response to issues. I would strongly encourage any member of the public with concerns about any criminal activity to report these to their local Gardaí as soon as possible.

Covid-19 Pandemic Supports

Questions (157)

Peter Fitzpatrick

Question:

157. Deputy Peter Fitzpatrick asked the Minister for Justice the cost to date of all Covid-19-related payments in her Department to individuals and corporate entities; and if she will make a statement on the matter. [15409/21]

View answer

Written answers

The Department of Justice is making COVID-19 specific funding available to assist organisations working to support victims of crime, including victims of domestic, sexual and gender based abuse, in response to the increased demand for services during the pandemic.

Additional funding of almost €378,000 was provided to organisations for additional services for Victims of Crime and Domestic, Sexual and Gender Based Violence arising out of the COVID crisis.

My Department has secured an additional €400,000 to continue this COVID-19 specific support in 2021, to provide additional resources, support, enforcement and services to key organisations in the area of domestic, sexual and gender based violence.

My Department, An Garda Síochána, the Courts Service, the Legal Aid Board, Tusla and other services, including the vital supports provided by the community and voluntary sector, worked collectively to ensure supports were available to address the likely increased risk to victims of DSGBV during the Covid-19 lockdown.

The ‘Still Here’ campaign, which began in April 2020, sends the message that frontline supports and services continue to be available to victims of domestic abuse and sexual violence. It also communicates the message that travel restrictions do not apply in the case of domestic violence or to escape a risk of harm, whether to the person or to another person. The cost of the ‘Still Here’ campaign to date is €397,944.36

The 'No Excuses' campaign aims to increase awareness of sexual violence and sexual harassment. In October 2020 new advertisements for the campaign, which were suitable for broadcast during Covid19 restrictions were produced, at a cost of €147,123.90.

The Department incurred additional ICT costs of €812,820.03 to facilitate remote working.

Other COVID-19 related costs incurred by the Department include PPE, hand-sanitising stations and supplies, cleaning services, public office and remote-working assessments, and safety signage and screens. These costs amounted to €303,740.55 as outlined in the table below.

Company

Goods/Services

Total inc VAT

AJ Products Ltd

Hand Sanitiser containment

€2,533.66

Arup

Public Office Assessments

€12,177.00

Bunzl

PPE

€10,771.32

Codex

Hygiene Products

€31,482.17

Derrycourt

Touchpoint cleaning

€2,216.37

Doggett

COVID Safety Signage and Perspex Screens

€40,549.41

Farrells

Furniture

€29,315.11

Grosvenor

Touchpoint Cleaning

€37,302.42

Look Sales Ltd

PPE

€65,926.08

NorthEast Hygiene

Hand Sanitiser Stations and Supplies

€58,772.27

OPW

Perspex Screen

€2,349.62

Pelko

Home-office chairs

€1,468.48

Quadra H+S Consultancy

Remote Working Assessments

€3,750.00

Snap

Covid Safety Signage

€460.02

Stacks Creative

Covid Safety Signage

€2,398.50

Technical Door Solutions

Freestanding screen

€2,268.12

Grand Total

€303,740.55

Crime Prevention

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she continues to combat money laundering and international crime including cyber-attacks with particular reference to issues arising in the wake of the easing of travel restrictions across Europe; and if she will make a statement on the matter. [30166/21]

View answer

Written answers

I wish to assure the Deputy that Ireland has a robust Anti-Money Laundering/Countering the Financing of Terrorism framework.

Ireland’s anti money laundering framework was assessed by the global standard-setter, the Financial Action Task Force (FATF) and Ireland was found to have “a generally sound legislative and institutional AML/CFT framework”.

Earlier this year, I welcomed the passage through the Dáil of two important pieces of criminal legislation to help combat money laundering and tackle white collar crime.

The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 will strengthen existing anti-money laundering legislation and will give effect to provisions of the Fifth EU Money Laundering Directive. This Act ensures that our regulatory framework keeps pace with the increasing integration of financial flows in the internal market, the evolving trends, technological developments and the prevention of organised crime. In line with international standards adopted by FATF, and the EU's legislative framework, Ireland has developed a solid regulatory framework for preventing money laundering.

This Act strengthens existing legislation and contains a renewed focus on gatekeepers of financial systems. It ensures that there is increasing transparency by bringing further institutions within the scope of the Irish anti-money laundering regulatory framework and by combatting the use of new trends and technologies employed by criminals.

Virtual assets have created new opportunities for money launderers, terrorist financiers and other criminals to launder their proceeds or finance their illicit activities. The ability to transact in virtual assets rapidly across borders allows criminals to move and store assets digitally, often outside the regulated financial system.

Virtual assets also allow for greater anonymity when compared to other more traditional financial services. This anonymity can help to disguise the origin or destination of the assets, which can prevent virtual asset transactions from being adequately monitored, thus making it harder for reporting entities to identify suspicious activity. In turn this creates a barrier to the detection and investigation of criminal activity utilising virtual assets by law enforcement agencies.

It is these Money Laundering / Terrorist Financing risks that the Virtual Asset Service Provider registration and supervision regime created by the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 is intended to mitigate. Money Laundering / Terrorist Financing is continuously evolving, as criminals seek new ways to launder funds/finance terrorism as more and more traditional avenues are closed off.

However, this regime seeks to ensure that the “gatekeepers”, such as the legal profession, estate agents, accountancy bodies, who allow virtual assets to be moved, exchanged and stored, are subject to the same Anti Money Laundering and Countering Terrorist Financing obligations as banks and traditional financial service providers. In framing this regime, this legislation seeks to address our EU obligations, as well as the international obligations that arise from our membership of FATF.

The Criminal Justice (Theft and Fraud Offences) (Amendment) Act gives effect to EU Directive 2017/1371 on the fight against fraud to the European Union’s financial interests by means of criminal law. The Directive establishes minimum rules concerning the definition of criminal offences and sanctions with regard to combatting fraud and other illegal activities (corruption and money laundering) affecting the EU’s financial interests.

As outlined in the Justice Plan for 2021, the fight against organised crime stretches beyond our borders and An Garda Síochána work closely with their international colleagues to break the networks of serious criminals and prevent them from inflicting misery in our communities. An Garda Síochána regularly liaises and cooperates with their international policing and security partners, such as EUROPOL and INTERPOL.

Of great importance in the global fight against money laundering and terrorist financing is the role of the Financial Intelligence Unit in an Garda Síochána which is responsible for receiving suspicious transaction reports from designated persons and analysing them, so that it can be used to combat crime.

International collaboration is also central to further developing our capacity to combat the exploitation of technology for cybercrime. As the Deputy may appreciate, cybercrime and cyber attacks know no borders and evolve at a rapid pace. In the wake of the easing of travel restrictions across Europe, the recently published EU Strategy to tackle Organised Crime 2021-2025 and the 2022-2025 EU priorities for the fight against serious and organised crime through the European multi-disciplinary platform against criminal threats (EMPACT) are timely strategies as they set out the priorities, actions and targets to be achieved in the coming five years to put the EU on a stronger footing in the fight against organised crime.

A number of commitments with regard to cyber security are included in the Programme for Government in order to take the necessary actions to protect Ireland against hacking, cybercrime, crypto-jacking, hacktivism, and cyber espionage. This includes building the capacity of the National Centre for Cyber Security, under the remit of my colleague, Minister Ryan, to protect the public and private sectors against cybercrime on foot of the capacity review currently underway. An Garda Síochána is supporting the Centre through ongoing engagement at a senior level, as well as the secondment of a member of An Garda Síochána.

An Garda Síochána has been significantly stepping up its dedicated resources in the cyber area in recent years, as is recommended by the Commission on the Future of Policing in Ireland. The Garda Commissioner established a dedicated National Bureau last summer, led by a Detective Chief Superintendent. The Bureau is expanding with planned increases of nearly 80 additional staff between this year and 2022, 25 of whom are already in place. This expansion will include recruitment of 20 civilian expert posts at engineer grade. In addition, four regional cybercrime hubs in Galway, Cork, Mullingar and Wexford were established earlier this month. The bureau’s own IT capability is also increasing with a new decryption suite procured earlier this year. This work is also resourced through a team in the National Crime and Security Intelligence Service. An Garda Síochána are liaising and co-operating with their international law enforcement partners – Interpol, Europol, the FBI and National Crime Agency.

Inquiry into the Death of Mr. Shane O'Farrell

Questions (159)

Matt Carthy

Question:

159. Deputy Matt Carthy asked the Minister for Justice if she plans to establish an independent public enquiry into the circumstances surrounding the death of a person (details supplied) on 2 August 2011 and the roles of State agencies prior and subsequent to their death as previously agreed by Dáil and Seanad Éireann. [27841/21]

View answer

Written answers

I would like to start by offering my own deepest sympathies to the parents and family of the late Shane O'Farrell. Shane's death was a dreadful tragedy and a huge loss for his family and for his community.

As the Deputy will be aware, a highly respected retired Judge, Gerard Haughton, has been conducting a scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death.

The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and if so to advise on the form of such investigation or inquiry and its terms of reference.

Judge Haughton furnished an interim report to the then Minister for Justice in November 2019. In his interim report, the Judge stated that he would not restrict or limit Shane's family in their submissions to him or the nature and extent of the documentation they wished to furnish to him in his scoping exercise.

I am awaiting the final report and I expect to receive this from the Judge shortly.

The Judge is naturally completely independent in his work, and I can neither intervene in nor seek to influence the outcome of the scoping exercise. My Department continues to provide all necessary assistance to the Judge to enable him to complete his work. The previous extensions to the timescale requested by the Judge have, as he has stated to the family, been necessitated by the COVID-19 pandemic and the Judge's desire to be as comprehensive as possible in conducting the scoping exercise.

While I genuinely regret that this process has taken significantly longer than any of us would like, I am also aware that the Judge is doing all that he can to ensure that the concerns which the family have raised with him during the process are followed through to the greatest extent possible. I understand that Judge Haughton has been in contact with the O’Farrell family throughout his scoping exercise.

Question No. 160 answered with Question No. 155.
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