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Departmental Functions

Dáil Éireann Debate, Wednesday - 8 December 2021

Wednesday, 8 December 2021

Questions (8, 9, 10, 11, 12)

Mary Lou McDonald

Question:

8. Deputy Mary Lou McDonald asked the Taoiseach if he will report on the work of the public service, justice and police reform division of his Department. [58549/21]

View answer

Richard Boyd Barrett

Question:

9. Deputy Richard Boyd Barrett asked the Taoiseach if he will report on the work of the public service, justice and police reform division of his Department [60203/21]

View answer

Paul Murphy

Question:

10. Deputy Paul Murphy asked the Taoiseach if he will report on the work of the public service, justice and police reform division of his Department [60206/21]

View answer

Cian O'Callaghan

Question:

11. Deputy Cian O'Callaghan asked the Taoiseach if he will report on the work of the public service, justice and police reform division of his Department. [60355/21]

View answer

Dara Calleary

Question:

12. Deputy Dara Calleary asked the Taoiseach if he will report on the work of the public service, justice and police reform division of his Department. [60569/21]

View answer

Oral answers (21 contributions)

I propose to take Questions Nos. 8 to 12, inclusive, together.

The public service, justice and policing reform unit is part of the social policy and public service reform division of my Department. The work of the unit supports me, in my role as Taoiseach, on criminal justice, policing, community safety and related matters; incorporates the policing reform implementation programme office, which oversees the implementation of A Policing Service for the Future, the Government's plan to implement the report of the Commission on the Future of Policing in Ireland; and supports the Civil Service management board, including the Civil Service renewal programme, and contributes to the oversight and governance of the new public services reform plan.

The unit also assists the work of the Cabinet committee on social affairs and equality and the associated senior officials' group established to oversee implementation of programme for Government commitments in the areas of social policy, equality and public services, including matters relating to arts and culture, children, justice, policing reform, community safety, disability, social inclusion, gender equality, direct provision, the Irish language and sport. It has departmental oversight of the National Economic and Social Council, provides me with briefing and speech material on social policy and public service reform issues, and participates in relevant interdepartmental committees and other groups.

Friday is International Human Rights Day. It will mark the end of this year's 16-day campaign against gender-based violence against women. The global theme for International Human Rights Day is reducing inequalities and advancing human rights. Drawing on Article 1 of the Universal Declaration of Human Rights, which reads, "All human beings are born free and equal in dignity and rights", we are reminded that the principles of equality and non-discrimination are at the heart of human rights. These principles are relevant in every sphere of public policy, be it the right to a healthy environment, equal access to vaccines, breaking the cycle of poverty or protection from gender-based abuse, violence or death.

The programme for Government commits to legislating for domestic homicide reviews and the Justice Plan 2021 commits to publishing the independent research on familicide and domestic homicide reviews. Work on this study began in 2019. Even allowing for the sad passing of Ms Norah Gibbons last year, we still have no indication from the Minister as to when she expects to receive the final study. It is important to note that it was expected to take months rather than years to be completed. While we acknowledge the independence of the advisory group and its work, surely the Minister should at this point be provided with a date for which the group expects to conclude its work.

I am sorry, but which review did the Deputy mention?

The research on familicide and domestic homicide reviews. It was expected in months but years have now passed. There are some reasons but they do not account for all of the delays.

I wish to mention briefly the Tusla review of refuge accommodation. It had been expected that the review's publication was imminent but it has been mooted that the Minister is considering delaying it. I cannot overstate the alarm that this has caused across the sector, particularly among service providers. Will the Taoiseach confirm whether publication of the review is to be delayed? If so, will he please share with us the rationale for that? I fail to see any reasonable excuse for a further delay.

People looking to get appointments with the Irish Naturalisation and Immigration Service, INIS, on immigration matters are unable to get any. I am inundated with complaints about this matter. I submitted parliamentary questions on it, through which I was informed that the INIS was registering 1,000 customers per week, implying that there was no problem, but I have had repeated confirmations from people that this cannot be true because when they go on, there are no appointments being released. People are going on at midnight and early in the morning but there are no appointments. There is a suspicion that companies, English language schools or others are block booking all of the appointments. I do not know whether that is true. I am simply saying that there is a concern. What is the case, however, is that people cannot get appointments.

With the INIS?

Yes. It is a serious and widespread problem. I see that other Deputies are nodding their heads. This issue needs to be addressed. We are not getting the truth of the matter when we submit questions to the INIS and the Department of Justice. Will the Taoiseach address this matter? I do not know whether he can tell us anything now but I urge him to address it.

I echo that point. There is a serious issue.

I wish to raise with the Taoiseach a case I have raised with him a number of times, that is, the gross and sexist abuse of power by retired Kerry judge James O'Connor. I have brought a number of testimonies to the Dáil of women in vulnerable positions before him on family law matters where he used his position to completely, inappropriately pressurise and pursue them for sexual relationships.

When I raised this with the Taoiseach on 29 September he said: "I am very concerned about it and about what I have read today in the articles the Deputy mentioned. I will give further consideration to this and revert to the Deputy." It is now two and a half months on and I wonder if the Taoiseach has any information to revert with.

I also echo the points made by Deputy Boyd Barrett. I want to ask the Taoiseach about safeguarding and vulnerable adults. I raised this with him previously. I specifically want to ask him about the need for guidelines or legislation to be introduced to require the Garda when it has credible allegations of sexual assault and rape to inform relevant organisations, including where alleged perpetrators work or volunteer, in order to protect and safeguard vulnerable adults. It is not acceptable that when gardaí have knowledge of credible allegations that they fail to pass it on, which leaves vulnerable adults at risk. It is completely unacceptable that homeless people were put at continued risk earlier this year when the Garda failed to pass on information in a timely manner. This should never be allowed happen again.

I followed up on this with the Minister for Justice and it is clear to me that the current practices and procedures are not fit for purpose. The absence of clear guidelines or legislation is unfair to the individual gardaí who do not know what they should do, when they should do it and in what circumstances. Will guidelines or legislation be introduced to ensure that the Garda passes on information when it has credible allegations of sexual assault and rape to relevant organisations in a timely manner? Will the safeguarding legislation that was introduced by former Senator, Colette Kelleher, in the previous Oireachtas be progressed by the Government?

It is unusual for all of us to echo one point, but what Deputy Boyd Barrett said earlier about those appointments is true. It is the case with all of us in here, so I urge the Taoiseach to take it seriously.

I wish to raise two issues. The Garda Commissioner expressed serious concerns regarding policing reforms. He told the justice committee that the powers granted to the new Garda ombudsman under the Policing, Security and Community Safety Bill 2021 were "disproportionate, unconstitutional and will not withstand an expensive and time-consuming test in the courts". That is completely at odds with the Government, so what is going to happen? It is very unusual.

Where are we at as regards implementation of the future of policing report and the Policing Authority? We support the minority report. We will not support anything that allows a situation where senior appointments in An Garda Síochána are being made by the Commissioner. That must be done independently. It is the very reason we set up the Policing Authority in the first place.

Since the onset of the Covid pandemic in March 2020, we have all become more conscious of the value of community policing. We saw in our own communities a greater presence of gardaí. That was particularly reassuring for people living on their own or older people. In my home town in Cavan, community gardaí were recently appointed and that has been warmly welcomed by the local community. I see they are out meeting people and getting to know them. Likewise, the local community know the local members of An Garda Síochána better than ever. There should be a greater emphasis going forward to bring back the community policing concept and have gardaí stationed locally.

One of the many downsides of the pandemic has been the increasing incidence of domestic abuse. Sadly, there has been a significant growth in incidences, which is regrettable. Tusla, along with the Departments of Justice and Children, Equality, Disability, Integration and Youth, has carried out a review on the availability of services for victims of abuse and also the availability of refuge places. Unfortunately, there is no refuge centre in either Cavan or Monaghan. If a person needs assistance, he or she must go to a neighbouring county to get accommodation and that is not acceptable. I would like if there could be increased emphasis at Cabinet committee level on ensuring there is easy and appropriate access to a refuge centre for victims of domestic abuse. We all know that women mainly, unfortunately, are victims of domestic abuse. They are very vulnerable and if they have to travel to a neighbouring county there is no chance of their children being able to go to their local school or preschool. It is very important that we have a proper spread of domestic refuge centres throughout the country and that no areas are left without a service within reasonable access.

Deputy O'Reilly's question about the report on familicide and homicide was first. The justice plan for 2021 commits to publishing the independent research on familicide and domestic homicide reviews, which has been commissioned by the Department of Justice as an important first step in delivering on the programme for Government's commitment to legislate to introduce domestic homicide reviews. This independent study is looking at international best practice in the conduct of domestic homicide reviews with a view to making recommendations on their application in this jurisdiction. It is important to stress that the study is independent of the Department, which is not involved in the work of the study nor is it a member of the advisory group established to support the study.

It is understood that the focus of the study is now on the fair procedures part of the process, which involves allowing any persons or organisations that might be affected by the contents of the draft report, including the families concerned, to be given an opportunity to reply. Invariably, this part of the process can take time, as it involves engaging with multiple entities. However, it is an essential part of the process and must be completed before the report can be finalised. I have been informed that the report is expected to be finalised in the coming weeks and that it will be subsequently published with any recommendations made being considered as a priority. We will keep in touch with the Deputy in relation to it.

Deputy Boyd Barrett raised the issue of INIS, as did other Deputies. The Minister of State, Deputy James Browne, in an effort to be helpful just said to me that it is an international phenomenon and there are challenges regarding it. I will come back with a more comprehensive reply to the Deputy. It is not an issue that is being deliberately orchestrated by the Government or the officials or anything like that. There is an issue that does not just relate to this country. ICT systems are being updated. The best thing for me to do would be to articulate the concerns of Deputies and to come back with a comprehensive reply on the matter.

At some stage Deputy Boyd Barrett might reconcile for me what he said earlier about a human rights prism. He is an advocate of zero Covid and I do not know how we reconcile it with human rights considerations. I get opposite ends of the arguments at different times during the pandemic. I just make that point in passing.

Deputy Paul Murphy raised an issue, but I am not sure how far we can take this.

The Taoiseach said he would revert to me.

I said I would reflect on it. I am not clear where we can take it given the fact that the Garda and GSOC were involved. It is not for me to comment. I commend the Deputy on raising the matter. I know it is in the Village magazine as well, but I think the steps that can be taken are beyond my remit at this stage.

Deputy Cian O'Callaghan raised safeguarding of vulnerable adults. He makes very consistent and fair points in that regard. I know that work is being done in Garda vetting, for example, and extending it to cover workers in the homeless sector. In the light of recent issues, the Garda Commissioner, Drew Harris, has acknowledged the need to address the vetting of people working with the homeless and this might require a review of the legislative provisions.

As part of an overall approach to the reform of and extension of the Garda vetting regime, the Minister for Justice has set up an interdepartmental group to examine vetting legislation and arrangements. The group is examining a number of issues, including the inclusion of homeless outreach services. Its recommendations would then shape any amendments to the vetting legislation and processes, including those required to commence periodic re-vetting. The group is specifically examining any amendments that may be required to remove any doubt that outreach and other services for homeless people who are vulnerable are covered by the vetting regime.

In response to Deputy Brendan Smith's point, I am pleased that someone in the House is praising the Garda. I agree that the community Garda system is an outstanding one and we need to see more of it.

I do not have time to go into the full detail of the implementation of the future of policing report in response to Deputy Kelly. I dealt with it in the House two weeks ago on Question Time. The Government is going full steam ahead with the implementation of the report.

What about the Commissioner?

The Commissioner gave his views at an Oireachtas committee.

What are the Taoiseach's views on that?

Given yesterday's exchanges, I think we are in favour of people being allowed freedom of expression.

That is not an answer. It is ridiculous.

I only have seconds left.

We must move on to the next questions.

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