Paul McAuliffe
Question:
1063. Deputy Paul McAuliffe asked the Minister for Justice if there are policies in place in relation to the questioning of underage victims or witnesses to crime by gardaí; and if he will make a statement on the matter. [16358/23]
View answer
I have sought the information requested by the Deputy from An Garda Síochána, and will contact him when this is to hand.
The following deferred reply was received under Standing Order 51.
As you will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management of An Garda Síochána, including all policies and procedures. As Minister, I have no role in such matters. I am however assured by the Commissioner that An Garda Síochána keep their policies and procedures under review, to ensure the best possible service to the public and in line with their mission of keeping people safe.
I am also advised by the Garda authorities that all personnel employed by the Garda Síochána have a responsibility and duty of care to ensure that every child availing of the service is safe and protected from harm as defined in the Children First Act 2015.
An Garda Síochána adheres to all relevant legislation to mitigate risks to children, including the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations), as amended.
The policies and procedures outlined in An Garda Síochána’s Child Safeguarding statement apply to all personnel employed by An Garda Síochána, with a view to ensuring the highest possible level of safeguarding of children is provided. An Garda Síochána is committed to safeguarding children and for this purpose takes cognisance of relevant provisions of the Constitution of Ireland and relevant legislative provisions.
The following procedures that are in place have been identified to mitigate the risk identified (Risk of harm to children who interact with An Garda Síochána while they undertake their duties):
• Code of Ethics for the Garda Síochána.
• Legislation, policies, protocols, procedures and guideline documents regarding reporting, notification, interview and investigation which are outlined in detail in the full risk assessment of harm held at the National Child Protection Unit of the Garda National Protective Services Bureau.
• Relevant training provided to Juvenile Liaison Officers (JLOs).
I am advised by the Garda authorities that additional information is available on the Garda Website – https://garda.ie/en/about-us/organised-serious-crime/garda-national-protective-services-bureau-gnpsb-/2020-revised-appendix-1-ags-child-safeguarding-statement.pdf
I am also advised that An Garda Síochána have trained Specialist Interviewers to question underage victims/witnesses as necessary.
I am informed that specialist interviewing was established in An Garda Síochána is 2008. In accordance with Section 16(1) (b) Criminal Evidence Act 1992 as amended, Specialist Interviewers are trained to record interviews with complainants under 14 years, (or those with an intellectual disability), for evidential purposes in cases involving sexual and / or violent offences.
I am also informed that the specialist interviewing training is an intensive two (2) year programme with the following aims:
• Ensure that newly selected personnel to the role of Specialist Interviewer are fully equipped to meet the requirements of the job.
• Develop the competencies identified to interview in accordance with the rules of evidence in criminal law.
• Develop a clear understanding and focus of the key relationships.
• Promote a consistent approach to the role, responsibilities and practices of the Specialist Interviewer.
• Encourage the application, testing and refining of new behaviours applicable to the role of Specialist Interviewer.
• Encourage in Specialist Interviewers a learning approach that embedded in the philosophy of continuous professional development.
In addition to these Specialist Interviewers, I am further advised that there is a country-wide network of dedicated interview suites established by the Department of Justice and An Garda Síochána in nine strategically chosen locations throughout the State which are used by the Garda authorities to record interviews with vulnerable victims, children and adults.
I trust this information is of assistance.
