Tuesday, 29 Mar 2022

Departmental Policies

Questions (128)

James Lawless

Question:

128. Deputy James Lawless asked the Minister for Justice if she will be reviewing security policy in view of the current international situation. [16093/22]

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Written answers

Minister for Justice

As the Deputy will appreciate, the current security environment is now more dynamic and varied and increasingly linked to international influences.

An Garda Síochána continues to develop responses to the security threat landscape; to put in place appropriate mitigation measures and works closely with the Defence Forces and other operational partners in combatting these threats on an ongoing basis, nationally and in international fora. I can assure the Deputy that this is kept under ongoing review and the Commissioner briefs me regularly on these issues, including in the context of the current international situation.

The changing nature of the security threat was recognised as a key factor in the report of the Commission on the Future of Policing in Ireland. The Commission's recommendations included a number of security related recommendations, for example, the need for the National Security Analysis Centre which has been established under the aegis of the Department of the Taoiseach and the new post of Independent Examiner of Security Legislation which, as the Deputy will be aware, is being brought forward in the Policing Security and Community Safety Bill.

An Garda Síochána

Questions (129)

Donnchadh Ó Laoghaire

Question:

129. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice the number of gardaí in Carrigaline; and if she will make a statement on the matter. [16200/22]

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Written answers

Minister for Justice

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 (as amended). This includes the distribution and stationing of Garda members throughout the State.

I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation in excess of €2 billion for 2022, which includes funding for the recruitment of up to 800 additional Garda trainees and up to 400 Garda staff. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe, including in Cork City and County, and to preventing crime in all its forms.

I can inform the Deputy that as of 28 February, the latest date for which figures are available, there are 21 Garda members assigned to Carrigaline Garda Station, an increase of 10.5% since the end of 2015, when there were 19 Gardaí assigned to Carrigaline. In addition, as of 28 February, there was one Garda staff supporting the members in Carrigaline, which remains unchanged since the end of 2015.

The Deputy will be aware that a Garda recruitment campaign closed earlier this month and I am advised that there was a strong interest, with over 10,000 applications received. I hugely welcome this significant response to the recent Garda campaign, indicating, as it does, the widespread respect for the important position that Gardaí occupy in our society, as well as the unique contribution that Gardaí can make to the lives of individuals across the country.

Question No. 130 answered with Question No. 121.

Departmental Strategies

Questions (131, 137)

Catherine Connolly

Question:

131. Deputy Catherine Connolly asked the Minister for Justice the status of the third national strategy to tackle domestic, sexual and gender-based violence; when the strategy will be published; the status of the examination of the public consultation on the strategy; and if she will make a statement on the matter. [16005/22]

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Richard Bruton

Question:

137. Deputy Richard Bruton asked the Minister for Justice the next steps following the closing of the date for submissions on the strategy for gender-based violence. [16083/22]

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Written answers

Minister for Justice

I propose to take Questions Nos. 131 and 137 together.

As the Deputies are aware, I am currently leading work on a new whole of Government strategy to combat domestic, sexual and gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society of domestic, sexual and gender-based violence.

The strategy has been developed in partnership with the sector to ensure it is targeted, comprehensive and effective in achieving all of the goals set out. Last month I briefed those working in the sector on the progress of the strategy as part of that ongoing consultation, and a wider public consultation run by my Department has only recently concluded.

I will finalise the strategy for submission to government in light of submissions received in this final consultative phase.

The strategy and aims will be high level in tone and content. I am also working on finalising an accompanying action plan for the rest of this year and next year which will set out how each of these aims will be achieved, which Departments and agencies are responsible for them, and the timeframe for delivery, so that it is targeted, ambitious and deliverable.

I intend to bring both the finalised strategy and the action plan to Government in the coming weeks.

I have said on a number of occasions that this new plan will be the most ambitious to date, and I intend to deliver on that.

Question No. 132 answered with Question No. 107.

Prison Service

Questions (133)

Patrick Costello

Question:

133. Deputy Patrick Costello asked the Minister for Justice if she will order the full rolling out of the Traveller in Prison Initiative by a charitable trust (details supplied) across all penal institutions in the State. [16227/22]

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Written answers

Minister for Justice

I can inform the Deputy that the Travellers in Prison Initiative (“TPI”) was first developed in 2014 as a response to the particular needs and circumstances of people from the Travelling community that were committed to prisons in Ireland. It is the first operational programme of the St Stephen's Green Trust, and is also funded by the Prison Service and the Probation Service.

I am advised by the Prison Service that a significant amount of positive steps have been taken since the beginning of this collaborative project, including:

- The development of peer support services in 4 prisons and mediation in 8 prisons, which it is intended to develop further now that COVID restrictions are reducing;

- The identification of Traveller Liaison Teachers to support greater access to education services and adaptation of education services for Travellers;

- The hosting of Traveller pride events to better share awareness about the rich cultural heritage of Travellers;

- The introduction of awareness training for new prison staff on the issues arising for Travellers and areas of discrimination;

- The development of the electronic means to capture ethnicity information in a systematic way, and

- The training of Traveller volunteers for the Red Cross programme in prisons.

The ‘Working It Out’ report by the Travellers in Prison Initiative regarding unemployment amongst Travellers highlighted the work required in the area of training and employment and the Prison Service intends to take steps to address a number of issues identified in that report.

The recent evaluation of the Travellers in Prison Initiative 2015-2021 will serve to highlight specific goals for the Prison Service to target in a strategic way in the next phase of this work. Both the Prison and Probation Service are committed to working together to advance the necessary changes identified.

The mediation programme, which is in operation in Castlerea Prison since 2016, is a partnership between the Midlands Traveller Conflict Mediation Initiative, the Red Cross, Travellers in Prison Initiative, and Castlerea Prison School, is a hugely successful programme aimed at conflict awareness.

A number of prisoners are trained as mediators and the programme is facilitated by members of the Traveller community. It aims to develop intervention skills to address some of the issues that can lead to person on person violence in prisons. The mediation programme has been expanded into a number of locations including Midlands Prison, Loughan House, the Dóchas Centre and Cork Prison and while the roll out has been impacted by Covid there are a number of prison educations centres who have expressed a willingness to introduce a similar programme in the future.

In late 2020, the Prison Service in collaboration with the equine industry, opened the Equine Centre at Castlerea Prison. While the equine programme while open to all prisoners, early indications show a high level of interest from Traveller men. Prisoners from Castlerea Prison attend the Centre daily and are engaged in the Horse Care and Welfare programme. The course is specially designed for delivery to students with literacy issues and is delivered visually with voice over and assisted through the use of diagrams. It is an accredited programme endorsed by the Racing Academy and Centre of Education (RACE).

In addition, the Probation Service continues to actively partner with TPI on a variety of training and development initiatives aimed at supporting staff to work more effectively and sensitively with members of the Traveller Community.

A summary of achievements and plans to date, include:

- The development and delivery of ethnic identifier training to all Probation Officers which focuses on supporting staff to consistently and sensitively gather accurate ethnicity data. The aim of this training is to enable the routine collection and publishing of ethnic data to inform good policy.

- The joint delivery of cultural awareness training to all Probation Officers on “working with members of the Travelling Community – a culturally sensitive approach”. This training commenced in 2021 and involves participation from travellers with lived experience of the criminal justice system.

- The Service is currently working with TPI to deliver a customised training programme on Working with Traveller Women and Working with the Roma Community. It is anticipated that training will commence later in 2022.

- The Service has also engaged with TPI in relation to the importance of preparing Pre-Sentence Assessment Reports that reflect the particular challenges faced by the traveller community, which result from cross generational issues of discrimination and hostility. The Service is currently progressing work in this area and is actively researching how this has been done in other jurisdictions, for example in Canada with their Aboriginal population (Gladue Reports). This research will inform future work in this area.

The Service’s work with the Traveller Community and ongoing partnership with TPI is central to its commitments to the promotion of inclusion prioritised as a core pillar within its Strategy Statement 2021-23: Probation Works for Community Service.

Question No. 134 answered with Question No. 109.

Departmental Schemes

Questions (135)

Fergus O'Dowd

Question:

135. Deputy Fergus O'Dowd asked the Minister for Justice if she will provide an update on the discussions that have taken place within her Department and with other key Departments with regard to addressing and increasing funding and supports for refuge services across the country which are at breaking point in many cases; and if she will make a statement on the matter. [16069/22]

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Written answers

Minister for Justice

It is my goal that everyone who needs a refuge space will get one, and I am deeply committed to working with our partners in the sector and with my Government colleagues to achieve that.

This Government has prioritised tackling domestic, sexual and gender-based violence (DSGBV) in all its forms, and ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.

As the Deputy is aware, I am currently leading work on a new whole of government strategy to combat domestic, sexual and gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported.

It is my intention to publish the final strategy and accompanying action plan as soon as possible in the coming weeks.

Minister O’Gorman and I also commissioned an independent audit of how responsibility for domestic, sexual and gender based violence is segmented across Government.

On foot of this, it has been agreed that my Department will assume responsibility for services for victims of domestic, sexual and gender based violence, in addition to policy responsibility and overall cross-Government coordination of implementation.

A detailed plan setting out how this will work is in preparation.

In relation to the specific issue of refuge spaces, in February Minister O’Gorman and I published the review by Tusla, the Child and Family Agency, of accommodation for victims of domestic violence.

The review highlights gaps in geographical coverage and inadequate provision of safe accommodation, including refuges, to meet population needs. It recommended an approach to address this with immediate, medium and long term actions required and it provides a list of priority areas where additional services would address the most immediate need.

While the review says that a minimum of between 50 and 60 new refuge places are needed as a priority, further analysis has identified 10 locations nationwide where the delivery of 82 family refuge spaces would have the most impact if prioritised.

These locations and refuge need have been chosen on the basis of required proximity to a refuge, as well as a need for refuge spaces per head of population in densely populated areas.

These represent areas where there is the most significant under-provision and represent a starting point to increasing refuge spaces comprehensively and in every county across the country.

I fully acknowledge the need to dramatically increase the provision of refuges across the country, and key to this will be ensuring organisations can access funding.

I have established a high level Inter-Departmental Group to review the current system for the provision of refuge spaces and to identify changes that can be made to the system to deliver additional spaces as effectively as possible.

Specific issues for each location are being given due attention and as we progress this work we will be engaging with local authorities, government departments and State agencies across the country to source refuge provision. At the moment I urge any groups with proposals around refuge developments to notify Tusla in the first instance on their plans so they can be helped to progress them as appropriate.

This is a priority for me and I will be making sure this progresses as quickly as possible to ensure we meet the urgent need to make more refuge places available.

Tusla will continue to engage with stakeholders on all aspects of service development as part of its current remit to support the provision of services to victims of domestic, sexual and gender-based violence.

My intention is that the timelines for delivery of these places, as well as further targets for nationwide delivery of refuge accommodation, will be outlined in the third national strategy and further detail will be contained in the accompanying action plan.

Crime Prevention

Questions (136)

Bernard Durkan

Question:

136. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which drug-related crime and increase in the use of drugs is being noted with a view to a serious crackdown on the issues involved; and if she will make a statement on the matter. [16190/22]

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Written answers

Minister for Justice

Tackling organised criminal activity is a key priority for the Government and an ongoing priority for An Garda Síochána. The Government has supported An Garda Síochána in addressing the threat from organised crime gangs through the introduction of a range of legislative measures.

This includes the Criminal Justice (Miscellaneous Provisions) Bill, which is currently being drafted and will provide, among other matters, for an increase in the penalty for conspiracy to murder from 10 years to life imprisonment.

The Government has in place the National Drugs and Alcohol Strategy, "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". The Strategy recognises the need for a balanced health-led approach - reducing demand, while also reducing access to illegal drugs, and is aimed at reducing the number of people criminalised for the possession of drugs for personal use. While this strategy supports the vulnerable people who use drugs, it is also matched with strengthened enforcement measures across government to tackle the supply of illegal drugs.

As the Deputy will be aware, the Garda Commissioner is responsible under the law for the management of An Garda Síochána, including operational matters and the deployment of resources. As Minister, I have no responsibility for these matters.

An Garda Síochána continues to develop and implement strategies to dismantle and disrupt criminal networks, utilising advanced analytical and intelligence methods. Gardaí target dangerous criminals and organised criminal groups through the use of focused intelligence led operations by specialist units and agencies such as the Organised Crime Unit, the Criminal Assets Bureau and the National Bureau of Criminal Investigation.

The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units nationwide and by all Gardaí working in local communities, while working closely with international law enforcement partners.

I am advised by the Garda authorities that in 2021, the GNDOCB seized €63.689m in illicit drugs, and seized cash of €5.6m and £38,751 (UK). In addition, €8.23m, £142,520 (UK) and $23 (US) was forfeited to the State in 2021.

I can further inform the Deputy that on 2 July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, Operation Tara, which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs. Recent successes of Operation Tara include the seizure of an estimated €125,600 of suspected cannabis in Tipperary on 11 February and the seizure of four firearms, ammunition and an estimated €70,000 of suspected heroin in Dublin on 29 January.

Question No. 137 answered with Question No. 131.

Question No. 138 answered with Question No. 107.

Crime Prevention

Questions (139)

Bernard Durkan

Question:

139. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the strength of the bail laws have contributed to a reduction in crimes committed by those while on bail; and if she will make a statement on the matter. [16189/22]

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Written answers

Minister for Justice

As the Deputy will appreciate, the Constitutional presumption that a person is innocent until proven guilty means that restricting a person’s liberty is a serious matter.

While our laws do provide for the refusal of bail in certain circumstances, the decision to grant bail in a particular case is always a matter for the presiding judge, who is independent in the exercise of their judicial functions.

The Bail Act 1997, which was introduced following a referendum to amend the Constitution, allows the courts to refuse bail for a person charged with a serious offence if necessary to prevent the commission of another serious offence.

Over the last 25 years, our bail laws have been further strengthened on three more occasions, most recently by the Criminal Justice Act 2017.

In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.

Where bail is granted, the 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews.

It also strengthens Garda powers to deal with bail breaches.

If an individual fails to comply with any bail conditions, the judge will issue a bench warrant and they will be arrested and brought to Court to answer all charges relating to the bail.

In the event of a breach of High Court bail the defendant must be brought before the Court as soon as practicable for a revocation hearing.

A breach of bail may also result in an additional charge and an order and/or surety for ‘forfeiture and estreatment’ of the bail money.

I am advised by the Garda authorities that the amended bail laws have proven to be effective.

While all legislative provisions are kept under review, in light of the existing provisions and safeguards relating to the granting of bail, I can inform the Deputy there are no immediate plans to introduce further bail legislation at this time but I will keep the law under active review.

Prison Service

Questions (140)

Martin Kenny

Question:

140. Deputy Martin Kenny asked the Minister for Justice the disciplinary action that Irish Prison Services staff may potentially face at work as a result of being subject to a barring order, protection order or safety order; and if she will make a statement on the matter. [16214/22]

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Written answers

Minister for Justice

I am advised by the Director General of the Irish Prison Service that the Civil Service Code of Standards and Behaviour applies to employees of the Irish Prison Service.

This Code forms part of the terms of employment of all civil servants who are obliged to adhere to it at all times.

Under the Civil Service Code of Standards and Behaviour, an employee who is convicted of a criminal offence or given the benefit of the Probation Act when charged with a criminal offence, must report that fact to their Personnel Officer to consider whether there are implications for their official position.

Breaches of the Code will constitute a breach of the terms of employment of a civil servant and may result in disciplinary action under the Civil Service Disciplinary Code.

In the event that such information is reported, it would be treated as confidential and personal to the staff member concerned.

Jury Service

Questions (141)

Sorca Clarke

Question:

141. Deputy Sorca Clarke asked the Minister for Justice if she will review the practice of not paying travel expenses for those called for jury duty considering the current cost of fuel and the lack of public transport options particularly in rural Ireland where a prospective juror can have 140 km or more round trip to the court. [16237/22]

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Written answers

Minister for Justice

Improving access to justice and modernisation of the courts system, including jury reform, is one of the overarching strategic goals of my Department over the next three years, and is a priority objective of my Justice Plan 2022, which I published last week.

The Courts Service has already embarked on multi-year programme of modernisation to enhance the delivery of services to the people of Ireland. As part of its aims for the programme, the Courts Service is committed to simplifying services and processes.

This will build on a number of important reforms introduced over the last decade, including the following changes to jury service:

- removal of the upper age limit for eligibility to serve on a jury;

- provision for the appointment of up to three additional jurors to ensure continuity in lengthy criminal trials;

- the modernisation and centralisation by the Courts Service of the handling of all jury summonses from across the country, allowing greater efficiency in managing jury lists - previously this was carried out by each Circuit Court office; and

- the recent enactment of the Criminal Procedure Act 2021 which provides for pre-trial hearings, reducing the scope for lengthy legal argument during the course of trials, making court procedures faster and more efficient, thus improving the experience for jurors.

It should also be noted that during 2020 further consideration was given to jury reforms while assessing the impact of the Covid-19 pandemic on criminal trials. In this context, the Deputy will be aware that my Department brought forward the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and the previously mentioned Criminal Procedure Act 2021.

Jury service exists to protect an individual's rights and to involve the public in the administration of justice. Jury service is one of the most important civic duties that a person can be asked to perform. While there are no expenses paid to jurors who are called for jury duty, lunch and refreshments are provided for those who ultimately serve on a jury.

Information for potential jurors on jury duty is posted with jury summonses and can also be found on the Courts Service website. This information includes an outline of the position regarding expenses and explains that employers must continue to pay an employee while engaged on jury duty. Self-employed persons can seek to be excused by the County Registrar.

If expenses were to be paid, a budget would need to put in place to cover those costs and no such budget is currently in place. In addition, provision would need to be made for administrative costs, including drafting guidelines or regulations covering the claiming and checking of such expenses, establishing a means of reimbursement, together with a system to issue the payments and staff to run, administer and govern the scheme.

I would intend that, in due course, the overall operation of the jury system will be reviewed in the context of my Department’s Statement of Strategy and my Justice Plan 2022, and any necessary reforms will be addressed in primary legislation, including, as appropriate, the specific points raised by the Deputy.

Domestic Violence

Questions (142)

Claire Kerrane

Question:

142. Deputy Claire Kerrane asked the Minister for Justice the status of plans to provide domestic violence refuge space in County Roscommon given that it is one of the nine counties without these spaces at present; and if she will make a statement on the matter. [16222/22]