Paul Murphy
Question:84. Deputy Paul Murphy asked the Minister for Justice if she will consider changing the law to make expression of protest a defence to charges of criminal damage. [51660/21]
View answerLegislative Measures
Questions (84)
Written answers
As the Deputy will be aware, the right to protest peacefully is enshrined in the Constitution and under the law. It is an essential part of our democracy. An Garda Síochána, through its human rights-led approach to policing, seeks to uphold and protect the right to freedom of assembly and protest, while also upholding the law and protecting the public and businesses.
Balancing the right to protest with protecting the public and upholding the law is a complex task and the Gardaí review their actions and responses regularly. I am assured by the Commissioner that An Garda Síochána receive detailed training based on a ‘human rights first’ approach to any protest. This approach was also noted by the Policing Authority in its reports on policing during the Covid-19 pandemic.
This balance and emphasis on human rights is also reflected in the relevant statutes governing the right to protest and criminal damage, respectively the Criminal Justice (Public Order) Act 1994 and the Criminal Damage Act 1991. There are no plans to amend the Criminal Damage Act to incorporate a defence of protest.
As the Deputy will be aware, the enforcement of the law, including those governing protest and criminal damage, are strictly operational matters for the Garda Commissioner. As Minister, I have no direct role in them. Furthermore, the decision to prosecute any member of the public for any crime is strictly a matter for the Director of Public Prosecutions, who is completely independent in the exercise of her functions. As Minister, I cannot comment on any decision made by the DPP.
Once the DPP has decided to prosecute, the outcome of any such prosecution is decided by the Courts, who are, subject only to the Constitution and the law, independent in the exercise of their functions. As the Deputy will appreciate, I cannot comment on any ongoing Court proceedings or their outcomes.
An Garda Síochána
Questions (85)
Ruairí Ó Murchú
Question:85. Deputy Ruairí Ó Murchú asked the Minister for Justice the rank and file of the positions that remain unfilled in County Louth within An Garda Síochána; and if she will make a statement on the matter. [51720/21]
View answerWritten answers
As the Deputy will be aware, the Garda Commissioner is by law responsible for the distribution and management of Garda resources between the various Garda Divisions. Neither I nor the Minister for Justice have any direct role in these matters, but we are assured that the Garda authorities keep this distribution under constant review, to ensure the optimum use of available Garda members.
The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation of €1.952 billion for 2021. Budget 2022 provides over €2 billion in funding. This significant investment by the government has allowed for sustained and ongoing investment into An Garda Siochana and into recruitment of new Gardai, including in Louth.
I am advised by the Garda authorities that as of 30 September 2021, there were 396 Garda members assigned to Louth Division. This represents an increase of 2% since the same time last year, when there were 389 members assigned to the Division, and over 30% since December 2016. The breakdown by rank of the current total is 1 Chief Superintendent, 2 Superintendents, 10 Inspectors, 46 Sergeants and 337 Gardaí.
These Garda members are assisted by 41 Garda staff, which is an almost 80% increase compared to 2016, when there 23 Garda staff assigned.
I am further advised by the Garda authorities that local Garda management in the Louth Division intend to fill a number of positions in the Division at sergeant rank. It is intended that these positions will be filled through a competition for promotions and appointments to the rank of sergeant which is currently underway.
Questions Nos. 86 to 93, inclusive, answered orally.
Departmental Schemes
Questions (94)
David Stanton
Question:94. Deputy David Stanton asked the Minister for Justice the details regarding the operation of the new Community Safety Innovation Fund; the types of projects that are expected to be supported through the fund; and if she will make a statement on the matter. [51094/21]
View answerWritten answers
As the Deputy will be aware, Budget 2022 provides for the establishment of the new Community Safety Innovation Fund. It is intended that this fund will support investment in projects which will improve community safety. The fund, which is expected to grow in the coming years, will have an initial outlay in 2022 of €2m.
A call for funding proposals will issue seeking applications for community safety projects and similar initiatives from bodies involved in community safety, such as the new Local Community Safety Partnerships – pilots of which are in place in North Inner City Dublin, Waterford and Longford – and the Drogheda Implementation Board, as well as similar entities nationwide.
Applications will be assessed against stated criteria outlined in the call for proposals to ensure funding is allocated to encourage the development of innovative ways in which to improve community safety from those people who understand local community safety needs best. These criteria for allocating funding are currently under consideration and will be announced in due course.
The approach we are taking will ensure that the best proposals to improve community safety will get the funding they need and will encourage the development of innovative ways in which to improve community safety from those people who understand local community safety needs best. It will also allow best practice on community safety to be shared with other partnerships around the country as new proposals get developed.
I know the Deputy will have been pleased to note that substantial additional funding of €6.7m has been allocated in the budget in support of the Youth Justice Strategy and it will be important to ensure that there is no overlap of funding between these two schemes.
An Garda Síochána
Questions (95)
Jennifer Murnane O'Connor
Question:95. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of gardaí currently assigned to stations in County Carlow; and if she will make a statement on the matter. [51654/21]
View answerWritten answers
The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation of €1.952 billion for 2021. Budget 2022 provides over €2 billion in funding. This has enabled sustained and ongoing investment in An Garda Siochana, including in County Carlow.
As the Deputy will be aware, the Garda Commissioner is responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the deployment of Garda members throughout the State. This matter is kept under review by Garda management.
However, I can inform the Deputy that as at 30 September 2021, the latest date for which figures are available, there are 114 Garda members assigned to Garda Stations in County Carlow, an increase of approximately 7.5% per cent since the end of 2015 when there were 106 Gardaí assigned to Carlow Garda Stations. In addition there are 14 civilian staff.
As the Deputy may be aware, Covid-19 restrictions on the Garda Training College in Templemore constrained recruitment and training for periods over the last 18 months. However, I am glad to confirm that 450 Gardaí will be recruited this year and the funding provided for next year fully supports the sustained recruitment of Garda members and staff.
Court Accommodation
Questions (96)
Steven Matthews
Question:96. Deputy Steven Matthews asked the Minister for Justice if her attention has been drawn to the need to clean and carry out minor repairs to the old courthouse façade in Wicklow town (details supplied); her views on whether this work can be prioritised in the coming months to coincide with the large investment in the town square; the position regarding the proposed return of court services to this building; and if she will make a statement on the matter. [51092/21]
View answerWritten answers
As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance, I have had enquiries and the Courts Service has provided me with the following update on Wicklow Town Courthouse.
I am advised that the existing courthouse building, comprising two courtrooms, is in very poor condition and is currently closed on health and safety grounds. All court business is currently being dealt with at Bray.
The Courts Service further advises that a courthouse comprising four courtrooms and related facilities (for example, consultation rooms, custody facilities, facilities for juries and vulnerable witnesses, legal practitioner’s suites, etc.) is required to meet current and future demand in Wicklow. This will require a building significantly larger than the existing two courtroom building. The Courts Service proposes to refurbish and extend the courthouse to provide the required accommodation and has acquired a number of adjoining properties that were in council ownership so as to have available a larger site capable of accommodating a courthouse building on the scale envisaged.
The Courts Service remains committed to a redevelopment of Wicklow Courthouse and the revised National Development Plan (NDP) 2021-2030, includes a number of courthouse development projects, including for Wicklow Town. The Courts Service is in the process of developing a new estate strategy including development priorities for the period up to 2030.
The Government has committed to investing over €270m every year for the next five years in capital projects in the Justice Sector as part of NDP 2021-2030, which represents a significant increase on recent years. This investment will provide for the completion of vital projects such as a new family law complex at Hammond Lane, and continuing investment in building and refurbishment projects across the Justice sector, which include court buildings.
Crime Prevention
Questions (97)
Jim O'Callaghan
Question:97. Deputy Jim O'Callaghan asked the Minister for Justice the steps she plans to take to combat antisocial behaviour and violent assaults in inner city areas of Dublin; and if she will make a statement on the matter. [51419/21]
View answerWritten answers
The Government is determined to tackle anti-social behaviour and I am very conscious of the impact it can have on the quality of life for local communities, including in Dublin’s inner city.
We want people to feel safe and be safe in Dublin, whether they live or work in Dublin or want to visit and enjoy our capital city. As the Deputy may be aware, Minister Humphreys recently visited the city centre and met with the Garda authorities, Dublin business owners and local representatives to discuss anti-social behaviour. The Deputy will be aware that last week’s budget includes significant additional funding to support initiatives under the Youth Justice Strategy and the new Community Safety Innovation Fund which will support community based initiatives to ensure public safety.
Gardaí continue to implement high visibility policing plans to address public disorder related issues and anti-social behaviour, with particular overt and targeted policing of public places at times when public order incidents and anti-social behaviour typically increase, such as bank holiday weekends. This includes the commencement of specific high visibility operations to tackle anti-social behaviour in Dublin city centre in order to reassure citizens, visitors and the business community.
I am further informed that Operation Soteria is in place targeting a reduction of assaults in public, reduce fear of violence within communities, prioritise assault investigations and focus on problem areas and assault hotspots.
As the Deputy will be aware, in line with the commitment in the Programme for Government, last year I established an Expert Forum on Anti-Social Behaviour. This forum is considering the effectiveness of existing legislation and looking at proposals for new ways forward, including new powers for Gardaí and additional interventions to support parenting of offenders. A subgroup of the forum has recently been established to examine the issue of knife crime. This follows a previous subgroup which examined the misuse of scramblers and quadbikes.
The Deputy will also be aware of the Local Community Safety Partnership pilot which is underway in the north inner city, chaired by Mr Cormac Ó Donnchú. Local Community Safety Partnerships are designed to take a holistic approach to safety issues in partnership with the community. The Partnerships will allow local communities to identify issues of particular concern within their area and work with the relevant State services to develop a local Community Safety Plan to specifically tackle these issues and I am delighted that the funding made available in Budget 2022 will be available to support this.
Antisocial Behaviour
Questions (98)
Pádraig O'Sullivan
Question:98. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of antisocial behaviour orders issued in Cork to date in 2021; and if she will make a statement on the matter. [51548/21]
View answerWritten answers
It should be understood that in setting up the provisions to tackle anti-social behaviour on foot of the enactment of the Criminal Justice Act 2006, provision was made for a number of preliminary interventions - warnings, good behaviour contracts and referrals to the Juvenile Diversion Programme - which were intended to address the problem behaviour. The rationale was that if these measures succeeded, there would be no need to apply to the courts for an order. It was only if the measures failed to lead to a behaviour adjustment by the person in question that an application for a court order would be made.
I can inform the Deputy that no civil orders under section 115 of the Criminal Justice Act 2006 were issued in Cork during the period in question. There have been 27 Behaviour Warnings issued under section 114 of the 2006 Act reported across the Cork Divisions this year to date.
I can assure the Deputy that An Garda Síochána remains committed to tackling public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities, businesses and other stakeholders to help address the causes of anti-social behaviour.
It is widely acknowledged that the use of behaviour warnings and civil orders are only suitable in certain circumstances, and indeed it is only one crime prevention option open to An Garda Síochána in tackling this type of crime. As the Deputy will be aware, An Garda Síochána already employs a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour.
These measures are underpinned by a comprehensive legal framework. Of course, addressing local community concerns in relation to public order and anti-social behaviour is a key focus in An Garda Síochána's National Community Policing Model and a range of strong legislative provisions are available to An Garda Síochána in this regard, including those under -
- Criminal Damage Act 1991
- Criminal Justice (Public Order) Act 1994
- Criminal Justice (Public Order) Act 2003 and
- Intoxicating Liquor Acts 2003 and 2008.
As the Deputy will also be aware, in line with the commitment in the Programme for Government, I last year established an Expert Forum on Anti-Social Behaviour. This forum is considering the effectiveness of existing legislation and looking at proposals for new ways forward, including new powers for An Garda Síochána and additional interventions to support parenting of offenders.
Departmental Schemes
Questions (99)
Willie O'Dea
Question:99. Deputy Willie O'Dea asked the Minister for Justice the details of the proposed new community safety innovation fund; and if she will make a statement on the matter. [51676/21]
View answerWritten answers
As the Deputy will be aware, Budget 2022 provides for the establishment of the new Community Safety Innovation Fund. It is intended that this fund will support investment in projects which will improve community safety. The fund, which is expected to grow in the coming years, will have an initial outlay in 2022 of €2m.
A call for funding proposals will issue seeking applications for community safety projects and similar initiatives from bodies involved in community safety, such as the new Local Community Safety Partnerships – pilots of which are in place in North Inner City Dublin, Waterford and Longford – and the Drogheda Implementation Board, as well as similar entities nationwide.
Applications will be assessed against stated criteria outlined in the call for proposals to ensure funding is allocated to encourage the development of innovative ways in which to improve community safety from those people who understand local community safety needs best. These criteria for allocating funding are currently under consideration and will be announced in due course.
The approach we are taking will ensure that the best proposals to improve community safety will get the funding they need and will encourage the development of innovative ways in which to improve community safety from those people who understand local community safety needs best. It will also allow best practice on community safety to be shared with other partnerships around the country as new proposals get developed.
I know the Deputy will have been pleased to note that substantial additional funding of €6.7m has been allocated in the budget in support of the Youth Justice Strategy and it will be important to ensure that there is no overlap of funding between these two schemes.
Prison Service
Questions (100)
Éamon Ó Cuív
Question:100. Deputy Éamon Ó Cuív asked the Minister for Justice the number of prisoners that have been granted a third remission on their sentences in the past year; the criteria for deciding same; and if she will make a statement on the matter. [50869/21]
View answerWritten answers
As the Deputy will be aware, all prisoners with a sentence to which remission applies qualify for one quarter remission on their sentence on the basis of good behaviour.
In addition, prisoners who have engaged in authorised structured activity may apply to receive enhanced remission of greater than one quarter, but not more than one third, of their sentence.
There is no automatic entitlement to enhanced remission and the principles governing the awarding of it are contained in the Prison Rules, as set out in the relevant Statutory Instruments.
In order for a prisoner to be granted enhanced remission, the Minister for Justice must be satisfied that the prisoner is less likely to re-offend and is better able to reintegrate into the community. All applications are assessed having regard to a range of criteria set out in the legislation.
Other factors taken into consideration include the manner and extent to which the prisoner has engaged constructively in authorised structured activities and the extent to which the prisoner has taken steps to address his or her offending behaviour.
The nature and gravity of the offence, the sentence of imprisonment concerned and any recommendations of the Court that imposed the sentence are also taken into account.
Other criteria include the period of the sentence already served by the prisoner and the potential threat to the safety and security of members of the public, including to the victim of the offence.
Finally, applications are also assessed having regard to any previous convictions; the conduct of the prisoner while in custody or during a period of temporary release; as well as any report or recommendation made by the Governor, the Garda Síochána, Probation Officer or any other person who may be of assistance in making a decision on the application.
I am informed by the Irish Prison Service that a total of 65 prisoners were granted enhanced remission between 1 October 2020 and 30 September of this year.