Written Answers Nos. 61-80
61. Deputy Aodhán Ó Ríordáin asked the Minister for Justice to address the issue of prison overcrowding; if he is satisfied to have sufficient medium and long-term prison capacity to deal with the increase in the population and any other factors which would lead to an increase in demand; and if he will make a statement on the matter. [18114/23]
View answer89. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if he has engaged with Governors of individual prisons on substituting short-term sentencing of four months or less to community service or another alternatives. [18113/23]
View answerI propose to take Questions Nos. 61 and 89 together.
I can assure the Deputy that the Prison Service and I are committed to providing safe and secure custody for all people committed to prison and officials in my Department and in the Irish Prison Service continuously work together to identify short, medium and longer term proposals to help manage capacity issues in our prisons as they arise.
As the Deputy will be aware, the Prison Service must accept all prisoners committed by the Courts and as such the Prison Service has no control over the numbers committed to custody at any given time, and the prison system is, of course, subject to peaks and troughs.
Where the number of prisoners exceeds the maximum capacity in any prison, the Prison Service make every effort to deal with this through a combination of inter-prison transfers and structured temporary release.
My Department works very closely with the Irish Prison Service to ensure a safe working environment for staff and to ensure the safety and security of those in the custody of the Prison Service. The Government has already, and will continue to, provide significant capital funding to the Irish Prison Service to enhance the existing prison infrastructure.
The commissioning of new male and female prison accommodation in Limerick Prison will provide an additional 90 male spaces and 22 additional female cell spaces. The new male accommodation is now partially open and the female accommodation is expected to become operational later this year. In addition, the refurbishment of the training unit in Mountjoy last year provided an additional 96 spaces.
The need to ensure the continued availability of modern prison facilities with adequate capacity will continue to be central to the work of the Irish Prison Service and will be core to the development of the new Irish Prison Service Capital Plan.
Alongside this, my Department is progressing a range of policy options to ensure that the courts have a suitably wide range of appropriate options for dealing with people who have committed minor offences.
The Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society, with a specific commitment to review policy options for prison and penal reform. In respect of delivering on this commitment, the Government approved the Review of Policy Options for Prison and Penal Reform 2022-2024 in August 2022.
This review seeks to find the balance between ensuring that people who commit serious crimes receive a punishment and a period of incarceration proportionate to that crime, while at the same time acknowledging that sometimes community-based sanctions are more appropriate in diverting offenders away from future criminal activity and that they have a role to play in addressing criminality, reducing reoffending and providing protection to the public, while holding the individual accountable.
In this regard, the Deputy will also be aware that my Department has commenced a policy review of the Criminal Justice (Community Sanctions) Bill 2014. As part of this policy review, due consideration is being given to facilitating the effective and efficient use of community sanctions by the courts, and to ensuring the courts have a range of appropriate options for dealing with people who have committed minor offences. Consideration of this matter is ongoing.
That said, I am sure that the Deputy appreciates that sentencing is a matter solely within the discretion of the trial judge, having regard to the circumstances of the case and of the accused and subject to any limits as may be prescribed by law for a particular offence. The role of the Oireachtas is to set the appropriate maximum sentence for a particular offence. There are also a number of presumptive minimum sentences established in law, and these are currently subject to a review which is required under the Judicial Council Act 2019.
The intention of the Review of Policy Options for Prison and Penal Reform is to strengthen the options available to judges when they are considering cases, to facilitate the effective and efficient use of community sanctions by the courts, and to ensure that the courts have a wide range of appropriate options for dealing with those who have committed minor offences and who might otherwise receive a sentence of 12 months or less.
The Deputy will also be aware that the relationship between substance misuse and offending behaviour is well understood and that a history of substance misuse is a strong predictor for reoffending.
In this regard, the final report and recommendations of the High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector was published by Minister McEntee and the Minister for Health in September 2022.
The recommendations made by the Task Force aim to ensure better support for people at the earliest point at which they come into contact with the criminal justice system. They seek to divert people away from the criminal justice system where possible, while supporting them in their rehabilitation from addiction and in the recovery and management of their illness. Further, when justice requires that a prison sentence be imposed on an individual, the recommendations of the Task Force seek to address the question of better rehabilitative support while in custody and to put in place the right structures to ensure the progress made in prison is not lost after release.
62. Deputy James O'Connor asked the Minister for Justice if he will outline the provision of further resources to An Garda Síochána to provide a safer system of policing public transport; and if he will make a statement on the matter. [18134/23]
View answer77. Deputy Paul McAuliffe asked the Minister for Justice his plans to provide a greater policing presence for public transport including rail, bus and Luas. [17925/23]
View answerI propose to take Questions Nos. 62 and 77 together.
The safety and security of both public transport passengers and staff, including arrangements to deal with anti-social behaviour, are important matters that must be managed by every public transport company, in conjunction with An Garda Síochána where appropriate.
We can all agree that any acts of violence and anti-social behaviour are completely unacceptable. I want to make it very clear that criminality on public transport will not be tolerated.
As the Deputy will be aware, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including all operational policing decisions. As Minister, I have no role in these independent functions and am unable to direct the Commissioner regarding the deployment of Garda resources.
The Commissioner is on record as stating that he does not propose to establish a dedicated transport policing unit, as he is of the view that the policing needs of public transport can be met through community policing. The Commissioner is best placed to determine the most appropriate response to concerns in relation to personal safety on public transport and to decide how to allocate the resources at his disposal to best effect.
I am advised that a range of regional and local operations have been put in place by Gardaí to prevent and detect criminal activity on public transport. For example, Operation Saul is implemented across the Dublin Region with the aim of keeping people safe on public transport services. The operation is undertaken as a proactive response and is informed by analysis of crime and anti-social behaviour trends, supported by Garda analysts.
I am informed that there is ongoing communication between An Garda Síochána and the respective control centres, and access to good quality CCTV can provide assistance to Gardaí when investigating serious incidents.
I am further informed that Garda dispatch staff have relocated to a floor of the National Train Control Centre building in Heuston Station since mid-November 2022, which will help to further strengthen the links between Gardaí and public transport operators.
63. Deputy Denis Naughten asked the Minister for Justice if he is considering legislating to allow families to avail of the digital right to be forgotten by erasing the social media profiles of a deceased person; and if he will make a statement on the matter. [16890/23]
View answerThe Government is very conscious of the commitment to deliver effective data protection regulation and protection of the data privacy rights of EU citizens.
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’. It should be noted that the GDPR does not apply to the personal data of deceased persons.
The rights of the relatives of deceased persons to control the social media accounts of a relative will, largely, depend on the terms and conditions of the consumer contract entered into with the social media service provider.
The Deputy may be aware of the Digital Services Act (DSA), an EU Regulation that came into force on 16 November 2022 that will apply to intermediary service providers (ISPs), including social media sites and search engines. It is designed to combat the proliferation of illegal content online, imposing specific obligations on those providers that are intended to improve, for example, transparency, handling of complaints, and risk management. The number and type of obligations on any one platform or search engine will depend on the nature of the services it provides and the number of users it has in the EU.
While the provisions of the Digital Services Act are not specific to the digital right to be forgotten, its enhanced transparency and new complaint handling procedures is expected to support effective engagement with the providers. My Department has no responsibility for this legislation, which is under the remit of the Department of Enterprise, Trade and Employment.
64. Deputy Aindrias Moynihan asked the Minister for Justice the up-to-date position on implementing the new policing model in Cork; and if he will make a statement on the matter. [18079/23]
View answerAs the Deputy will be aware, the Garda Commissioner is by law responsible for the distribution of Garda personnel and resources between the different Garda Divisions. As Minister, I have no role in these operational matters.
I can advise the Deputy that the new Garda Operating Model reflects and addresses the challenges of modern policing by enabling specialisation in the delivery of key services and freeing up more Gardaí to focus on front line policing.
The development and introduction of the Operating Model was a recommendation by both the Garda Inspectorate and the Commission on the Future of Policing in Ireland (CoFPI) and is a key element of delivering its implementation plan, ‘A Policing Service for the Future’.
Its focus is on community policing based on local needs consistent with the objective of “Keeping People Safe” by working closely with wider services to prevent crime and support vulnerable people.
Each Division will for the first time have a Superintendent dedicated to Crime, a Superintendent dedicated to Governance and Performance Assurance, and a number of Superintendents in charge of Community Engagement (day-to-day policing).
Under the new Model, An Garda Síochána has committed to ensuring Superintendents will be in locations throughout a Division and not all located in the Divisional Headquarters. There will also be more Garda Sergeants and Inspectors deployed to the front line, where they can lead and supervise their teams, rather than being overburdened with administrative issues.
The new Operating Model is currently being rolled out in all divisions and is fully commenced in six - Dublin South Central, Cork City, Kerry, Galway, Limerick and Mayo-Roscommon-Longford. For these divisions it means:
- Districts replaced with Community Engagement Functional Areas.
- Crime Functional Area established in each Division.
- All Personnel aligned to a Functional Area.
- Garda Stations Aligned to Community Engagement Functional Areas.
I am advised by the Commissioner that An Garda Síochána are planning for the continued rollout of the Operating Model during 2023, in consultation with the relevant stakeholders.
The Garda authorities have also indicated that the plan will include the continued roll out in the remaining divisions along with the implementation of the regional office standardised processes in the four regions during 2023.
65. Deputy David Stanton asked the Minister for Justice to outline the way Community Crime Prevention Programmes are promoted and encouraged under the Rural Safety Plan 2022-2024 published by his Department; and if he will make a statement on the matter. [17487/23]
View answerThe Rural Safety Plan 2022-2024, published by my Department, is the result of strong collaboration between all the relevant organisations and brings together the excellent work already underway in relation to rural safety. The Plan is not intended to replace, but rather supplement, this work.
The vision of the Rural Safety Plan is for people and communities in rural Ireland to feel safe and be safe in their homes, their places of work, and their local environments.
An Garda Síochána has also published a Crime Prevention and Reduction Strategy 2021-2024, which aims to provide a consistent approach to preventing and reducing crime to deliver on their commitment to keeping communities, both urban and rural, safe. This Strategy recognises that An Garda Síochána cannot prevent and reduce crime alone and that crime prevention is achieved through effective and comprehensive engagement with communities and businesses.
To support this aim, the Garda National Crime Prevention Officer Network comprises of a Crime Prevention Officer (CPO) in every Garda Division across the State. These CPOs are trained to encourage, promote and advise on crime prevention in both private and business communities.
I am also advised that An Garda Síochána operates a range of Community Crime Prevention Programmes in partnership with communities in Ireland. Two such programmes are Neighbourhood Watch and Community Alert.
Community Crime Prevention Programmes have been in operation since 1985 and in excess of 3,700 Neighbourhood Watch and Community Alert groups have been established since then.
This demonstrates a significant willingness amongst the public to participate at a community level in preventing crime. Neighbourhood Watch and Community Alert have helped to promote responsible community involvement and have assisted in the promotion of good crime prevention practice.
Also, a new approach to community safety, through the formation of local community safety partnerships (LCSPs) is being piloted in three areas, including Longford and Waterford. The partnerships bring together local residents, local elected representatives, community groups, local education providers and other State service providers to formulate a community safety plan for their area. Longford LCSP produced their safety plan in 2022 and Waterford LCSP produced their plan last month. Both plans are available on the respective County Council websites.
66. Deputy Marc Ó Cathasaigh asked the Minister for Justice the engagement of his Department in relation to the forthcoming new Garda Capital Investment Plan 2023-2030; and if he will make a statement on the matter. [17862/23]
View answerAs the Deputy will be aware, the Garda Commissioner is by law responsible for the management and administration of An Garda Síochána and for the effective and efficient use of Garda resources, including all Garda stations. In addition, the Office of Public Works (OPW) has responsibility for the provision and maintenance of Garda accommodation. Works in relation to Garda accommodation are therefore progressed by the Garda authorities working in close cooperation with the OPW.
My Department engages regularly with relevant stakeholders in relation to capital projects over the coming years, including with An Garda Síochána, and the Office of Public Works.
I can however advise the Deputy that the Garda Capital Plan 2023-2030 is now finalised, following engagement and discussion between the relevant stakeholders, including An Garda Síochána, my Department and the Office of Public Works.
I am advised by the Garda Commissioner that the finalised Capital Plan includes provision for the development of a three-storey extension to the rear of Waterford Garda Station, providing substantially enhanced accommodation facilities both from the perspective of scale and quality, in support of Garda operations at the Divisional Headquarters.
While the exact timing of the delivery of this project is an operational matter for the Garda Commissioner and the OPW, I am informed by the Garda Authorities that construction could commence in 2025.
67. Deputy Willie O'Dea asked the Minister for Justice the timeline for defamation law reform. [18081/23]
View answerThe Programme for Government contains a commitment to review and reform defamation laws to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice.
On 28 March 2023, Government approved publication of the General Scheme of the Defamation (Amendment) Bill to reform our defamation legislation.
Government approval was also secured on this date for priority drafting of the Bill to commence and referral of the General Scheme for pre-legislative scrutiny.
The General Scheme takes into account recommendations of the report of a major review of the Defamation Act, 2009, which was published by the Department of Justice in 2022. The General Scheme provides for significant reforms including:
- The abolition of juries in High Court defamation actions;
- The insertion of a new Part into the Act to deal with strategic lawsuits against public participation (SLAPPS);
- Amends to the defence of ‘fair and reasonable publication’ on a matter of public interest to make it simpler and clearer;
- An extension of the defence of ‘innocent publication’ to live broadcasts, website operators and to persons who are not the author, editor or publisher of a statement;
- A new statutory power for the High Court or the Circuit Court to direct an intermediary service provider to provide information identifying an anonymous owner and operator of an account, author/poster of a defamatory statement;
- Requiring solicitors to inform their clients of alternative dispute resolution options including mediation before issuing defamation proceedings, and obliging parties to consider those options;
- If a person is defamed, the correction must be published with equal prominence to the defamatory publication;
- Plaintiff or defendant may lodge an offer of settlement in court, which will be taken into account in determining costs;
- Provisions to address the issue of ‘libel tourism’;
- A statutory Notice of Complaint process, to make it easier, quicker and cheaper to notify a digital publisher of online defamatory content, and request takedown.
As the Deputy may be aware, the Justice Plan 2023 provides for the publication of the Defamation (Amendment) Bill in Quarter 4 2023.
68. Deputy James Lawless asked the Minister for Justice the number of prosecutions that have been brought under Coco’s Law since it was enacted in 2021; and if he will make a statement on the matter. [18064/23]
View answerThe Harassment, Harmful Communications and Related Offences Act 2020 was commenced on 10 February 2021. Along with other provisions, it created two new offences of sending, or threatening to send, intimate images without the consent of the person whose image it is. It also broadened the existing offence of harassment and provided for a new offence of sending, distributing or publishing a threatening or grossly offensive message by any means of communication with intent to cause harm to the victim, which means our legislation now covers once-off communications as well as harassment.
As the Deputy will be aware, prosecutions are a matter for the Director of Public Prosecutions (DPP). The DPP is wholly independent in her functions under the Prosecution of Offences Act 1974 (as amended) and, as Minister, I have no role in the operations, governance or oversight of the Office of the Director, which is funded through the Vote of the Department of the Taoiseach.
As a result I am unable to provide any statistical information related to the work of the DPP.
However, I can inform the Deputy that I received information from An Garda Síochána in February of this year in relation to their work which the Deputy may find useful.
At that time I was informed that An Garda Síochána had commenced 72 prosecutions (charges/ summonses), related to 49 investigations, under the Harassment, Harmful Communications and Related Offences Act 2020.
Gardaí anticipate that the numbers of prosecutions will continue to rise as further reports are received and the consequent criminal investigations progress.
It may also interest the Deputy to know that An Garda Síochána continues to partner with Hotline.ie which has created an online reporting facility that enables victims of intimate image abuse (IIA) to report this type of criminal activity to Gardaí, via the hotline website, while simultaneously making an IIA content removal request. Where victims request, Gardaí will conduct a thorough criminal investigation with a view to prosecuting offenders, while Hotline will engage with the relevant service provider to seek the removal of the harmful content reported.
At the time of receiving this information from An Garda Síochána, 155 reports had been received from Hotline.ie. Following the removal of the reported links by Hotline.ie and further engagement by An Garda Síochána, 99 cases had been closed with no further action requested while 56 cases remained under assessment/ investigation.
69. Deputy Cathal Crowe asked the Minister for Justice how many applications were received for the Garda trainee competition 2023; and if he will make a statement on the matter. [17995/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.
I can however assure the Deputy that the Government remains committed to ensuring An Garda Síochána has the resources it needs to continue to deliver on its mission of Keeping People Safe.
Budget 2023 provides funding of €2.14 billion for An Garda Síochána. This includes funding for 1,000 new Gardaí this year and we are seeing more Garda recruits enter Templemore approximately every 11 weeks.
With this momentum building through the year, we remain committed to the target of 1,000 new Gardaí this year. An Garda Síochána also recently launched a new recruitment campaign which closed on 14 April 2023. I would like to encourage anyone called as part of the 2022 or 2023 competition not to defer but to make sure they’re fully fit and ready to take up the opportunity.
As the Deputy can appreciate the campaign is managed by the Public Applications Service (PAS) on behalf of An Garda Síochána. I have sought information on the number of applications for this campaign and will be able to inform the Deputy when this information is to hand.
70. Deputy Cathal Crowe asked the Minister for Justice if his Department is on track to meet the target of 1,000 new gardaí this year, as provided for in Budget 2023; and if he will make a statement on the matter. [17996/23]
View answerAt the outset I would like to assure the Deputy that this Government is committed to ensuring An Garda Síochána has the resources it needs to create stronger, safer communities.
My Department has provided funding for the recruitment of 1,000 new Gardaí this year and we are seeing more Garda recruits enter Templemore approximately every 11 weeks.
As the Deputy will be aware An Garda Síochána launched a new recruitment campaign on 24 March which closed on 14 April 2023. I would like to encourage anyone called as part of the 2022 or 2023 competitions not to defer but to make sure they are fully fit and ready to take up the opportunity.
While the Garda Commissioner is operationally responsible for the management and administration of An Garda Síochána, including recruitment, I regularly engage with him to ensure that every possible support is in place to deliver on this level of recruitment. The Commissioner has assured me the target of 1,000 new Gardaí this year will be met.
An Garda Síochána has undoubtedly faced challenges in recruitment, not least during the COVID restrictions. However, the strong interest levels shown in recent campaigns are a testament to the enduring popularity of a career with An Garda Síochána.
71. Deputy Bernard J. Durkan asked the Minister for Justice to indicate, given the extent and growth of drug trafficking throughout the country in urban and rural areas, including the trafficking of drugs among school children, if he has in mind any particular measures to confront criminal gangs involved in drug trafficking; the extent to which he intends to take particular steps in the near future given the seriousness of the issue; and if he will make a statement on the matter. [18056/23]
View answerAt the outset I would like to assure the Deputy that tackling drug dealing and associated criminal activity, including by organised crime groups, is a top priority for An Garda Síochána and this Government.
An Garda Síochána continues to target those involved in the sale and supply of illegal drugs through Operation Tara, which has a strong focus on tackling street-level dealing across the country. Operation Tara also focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved at every level.
The Garda National Drugs and Organised Crime Bureau (GNDOCB) has had significant, sustained success in disrupting the supply of illicit drugs by organised crime groups with over €235 million worth of drugs seized in the period 2016 – 2021, as well as several substantial seizures in recent weeks.
The Criminal Justice (Miscellaneous Provisions) Bill 2022 is being progressed. These new laws will ensure that An Garda Síochána and our Courts have the tools they need to take firm and decisive action to deal with our most serious criminals.
The record budgetary resources allocated to An Garda Síochána in recent years have enabled the Garda Commissioner to assign extra resources to the specialist units involved in tackling organised crime, including the Armed Support Unit, GNDOCB, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau (CAB).
An Garda Síochána uses multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches include the use of money-laundering legislation and the powers available to CAB under the proceeds of crime legislation. Other measures taken to tackle organised crime include the strengthening of legislation where required, the establishment of a second Special Criminal Court in 2016, and the establishment of Garda Armed Response Units in all Garda regions which are available to support all divisions countrywide.
Finally, in relation to the use of children by criminal gangs to deal drugs, the Criminal Justice (Exploitation of Children in the Commission of Offences) Bill was initiated in the Dáil in January of this year. In addition to the new legislation, the Greentown approach to assisting children who are drawn into criminal networks, based on the 'Lifting the Lid on Greentown' report produced by my Department in partnership with the University of Limerick, is currently being operated in two locations and is having a positive impact on helping those children and their families break away from the criminal gangs who are exploiting them.
72. Deputy Denis Naughten asked the Minister for Justice the number of staff he has on secondment to the Department of Foreign Affairs in Brussels to assist with Ireland's work at EU Council and its engagement with the EU Commission; the corresponding number of staff on secondment on 23 June 2016; and if he will make a statement on the matter. [16892/23]
View answerThe Justice and Home Affairs (JHA) team at Ireland’s Permanent Representation to the European Union in Brussels currently consists of seven officials from the Department of Justice made up of one Counsellor, four Attachés and two administrative staff. There are currently no vacancies in the JHA team.
The role of officials in the JHA team is to offer assistance to Ministers and other delegates during their visits to Brussels, and to advance Irish policy objectives and the Department’s mission in EU matters under the direction of the relevant Departmental experts.
Staff of the Permanent Representation participate in the various Council working groups dealing with Justice and Home Affairs issues, to support the Minister for Justice in attending and participating in EU Justice & Home Affairs Councils, and more generally to ensure good communication between the Department of Justice in Dublin and relevant contacts in the EU institutions and other EU Member States.
On 23 June 2016, the JHA team at Ireland’s Permanent Representation to the European Union in Brussels consisted of five officials from the Department of Justice, made up of one Counsellor, two Attachés and two administrative staff.
73. Deputy Maurice Quinlivan asked the Minister for Justice the progress that has been made in establishing the trial 24-7 mental health de-escalation unit for Limerick that is due to be operated jointly with members of the HSE; if he will provide a commencement date; and if he will make a statement on the matter. [17866/23]
View answerAs the Deputy will be aware, in fulfilment of the Programme for Government commitment, the Final Report and Recommendations of the High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector was published by Minister McEntee and the Minister for Health in September 2022.
The recommendations of the Task Force aim to ensure better support for people at the earliest point at which they come into contact with the criminal justice system and to divert them away from it where possible, while supporting them in their rehabilitation from addiction and in the recovery and management of their illness. Further, the recommendations seek to address the question of better support for prisoners in their rehabilitation when justice requires a prison sentence, and that progress made in prison is not lost after release.
One of the recommendations, that came from the work of the subgroup of the High Level Task Force that looked at diversion, is the development of a Community Access Support Team (CAST). It is intended that the development of the CAST approach will enhance diversionary practices for those experiencing crisis and situational trauma that leads to mental health difficulties. This approach moves towards the shared goal of providing a compassionate and effective response to people in distress and improving experience and outcomes for those experiencing distress and those providing support.
To progress this, it is proposed that a pilot team in the Limerick area will be used to develop the learnings from this multi-disciplinary approach in order to inform further roll-out on a national level.
The CAST pilot project is expected to commence in late 2023 and I am advised by the Garda Authorities that regular meetings are taking place between An Garda Síochána, the HSE and Limerick City and County Council.
All aspects of the pilot will be fully evaluated to inform and design the long term implementation. The Limerick CAST pilot is the first time a co-responder model and support hub will be introduced in Ireland that will respond to, and support, those experiencing crisis and situational trauma.
74. Deputy Pádraig O'Sullivan asked the Minister for Justice if he will provide the number of knives seized by gardaí in Cork city and county in each of the years 2016 to 2022 and to date in 2023; if he will provide the most recent update on forum on anti-social behaviour which is examining the issue of knife crime; and if he will make a statement on the matter. [17888/23]
View answerI am very conscious of the effect that knife crime can have on the quality of life for local communities and the Government is determined to tackle this issue.
The Expert Forum on Anti-Social Behaviour (ASB), which I am pleased to chair, is examining a broad range of issues to address the factors which give rise to ASB, including knife crime. The knife crime sub-group of the ASB Forum has examined existing data and possible approaches to community responses, as well as the legislative position. I have been briefed on the work of the sub-group and the question of what further measures might be progressed is subject to consultation with relevant stakeholders.
There is also a comprehensive and robust legal framework in place in Ireland with respect to knife crime, including heavy penalties for breaches of the laws concerned. The maximum penalty in the Firearms and Offensive Weapons Act 1990 for a conviction for possessing a knife in a public place without good reason or lawful authority was increased from one to five years in an amendment introduced via the Criminal Justice (Miscellaneous Provisions) Act 2009.
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 all operational policing matters. As Minister, I play no role in these independent functions.
I am informed by the Garda authorities that the 2016 - 2018 increase in recorded seizures is due in large part to the introduction of the Property and Exhibit Management System (PEMS) in 2016, which improved the level of recording of all objects seized, including knives. More recently, the increases in seizures are also due to proactive policing operations, particularly during 2020 with the increased Garda presence due to COVID-19.
I am advised by the Garda authorities that the following table shows the number of objects of sub-type 'knife' linked as 'seized' with any incident reported since 01/01/2016 within the Divisions requested.
Figures are based upon operational data from the PULSE system and are liable to change.
|
Division |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Cork City |
66 |
97 |
101 |
121 |
172 |
117 |
128 |
* |
|
Cork West |
* |
13 |
26 |
16 |
15 |
35 |
19 |
* |
|
Cork North |
20 |
49 |
41 |
56 |
47 |
44 |
54 |
* |
|
Total |
86 |
159 |
168 |
193 |
234 |
196 |
201 |
N/A |
* less than 10
75. Deputy Brian Stanley asked the Minister for Justice if he will provide a list of all countries from which people are entitled to apply for international protection status to Ireland. [15169/23]
View answerIreland has obligations under EU and International Law to consider applications for international protection from those who come to our country fleeing persecution.
The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO are independent in the exercise of their international protection functions.
Ireland is party to the 1951 UN Convention on the Status of Refugees. The Convention defines the term ‘refugee’ and outlines the rights of refugees as well as the legal obligations of States to protect them. The UNHCR supports and oversees implementation of the 1951 convention and its 1967 Protocol and States are expected to co-operate with the UNHCR in ensuring that the rights of refugees are respected and protected.
Every person has the right to apply for asylum under the 1951 Convention. The Convention does not exclude a person from exercising the right to seek asylum based on their nationality.
Ireland is also bound by the EU Asylum Procedures Directive (2005/85/EC). The Directive applies to all applications for asylum made in the territory of a Member State, including at the border or in a transit zone. The Directive provides asylum seekers with certain rights and guarantees, including the right to access the procedure and the right to remain in the Member State pending the examination of an asylum application.
The International Protection Act 2015 transposes the Asylum Procedures Directive into national law and gives further effect to the 1951 Refugee Convention and its 1967 Protocol.
It should be noted that there are restrictions in place for EU nationals making an application for international protection to another Member State. The EU Treaty Protocol on asylum for Nationals of Member States of the European Union essentially provides that applications for refugee status from EU nationals shall be inadmissible for processing by another EU Member State except in very exceptional circumstances. The exceptional circumstances would apply where there was a failure to meet obligations relating to respect for human rights and the rule of law under the European Convention on Human Rights and the EU Treaties.
The Deputy will also wish to note that the Dublin III Regulation determines which EU Member State is responsible for examining an international protection application. The objective of the Dublin Regulation is to ensure quick access to asylum procedures and the examination of an application on the merits by a single, clearly determined Member State.
The Dublin Unit of the International Protection Office (IPO) in the Immigration Service of the Department is responsible for determining whether an applicant should be transferred to another Member State (known as an outgoing transfer request) or have their application assessed in Ireland.
Finally, and separately, beneficiaries of Temporary Protection in the State are entitled to protection under the EU Temporary Protection Directive (2001/55/EC). This was activated by the EU Council in March 2022 in respect of Ukrainian residents fleeing the Russian war of aggression against Ukraine.
76. Deputy Michael McNamara asked the Minister for Justice if he will outline any plans to address, by legislation or otherwise, the situation whereby persons granted a work permit, based on their suitability to fill a position that an employer cannot otherwise fill, are subsequently refused a visa by his Department on the basis that they are not suitable for the post in question; and if he will make a statement on the matter. [9421/23]
View answerI can advise the Deputy that the granting of a work permit by the Department of Enterprise, Trade and Employment (DETE) does not result in the automatic granting of a visa by the Department of Justice. The two processes are distinct application processes with different checks and procedures in place in each respective Department.
All visa applicants are advised that the onus is on them to provide as much information as possible in support of their application and as they feel is necessary. Extensive guidelines in this regard are posted on our website www.irishimmigration.ie. These are intended to assist applicants in receiving a positive decision at first instance.
An appeals process, which is free of charge, is available which allows applicants, in the event of a refusal of the visa application at first instance, to address the factors which gave rise to that decision.
It should be noted that not all non-EEA nationals require an Irish entry visa to travel to the State, however an immigration officer at the port of entry will examine the documentary evidence available and may grant or refuse entry to the State based on that examination. A list of non-visa required countries is available at the following link:
www.irishimmigration.ie/wp-content/uploads/2021/07/Immigration-Service-Delivery-Visa-and-Non-Visa-Required-Countries.pdf.
Finally, I can further advise the Deputy that following Government approval in December last year, my Department has established an Inter-Departmental Working Group to prepare an implementation report for consideration by Government on the introduction of a single permit process for employment permit and immigration permissions.
The aim of such a single permit process would be to simplify the procedure for third country nationals wishing to migrate legally for work. This will improve the experience for people who want to move to and work in our country, as well as enhance the service provided to employers.
78. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice to discuss crime prevention resources for the Blackrock area of Cork city. [18012/23]
View answer94. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice to discuss crime prevention resources for the Mahon area of Cork city. [18011/23]
View answerI propose to take Questions Nos. 78 and 94 together.
The Government is committed to creating stronger and safer rural and urban communities and a strengthened Garda Síochána is at the heart of that. My Department is committed to ensuring that An Garda Síochána has the resources it needs, with an unprecedented allocation provided in Budget 2023 of over €2 billion. This includes provision for the recruitment of 1,000 Gardaí.
In addition to new recruits, the rollout of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to front-line policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.
As the Deputy will appreciate, Mahon is serviced by Blackrock Garda station. I am advised by the Garda authorities that Blackrock, Anglesea Street and Bridewell Garda stations are now incorporated under one Functional Area as part of the Garda Operating Model – Cork City Centre Community Engagement.
I am informed that, as of 31 March 2023, the latest date for which figures are available, there is 1 Sergeant and 16 Gardaí assigned to Blackrock Garda Station, 2 of which are Community Gardaí. Additionally, support is available and provided as required from uniformed and/or plain clothed resources from the other Cork City Centre Community Engagement stations and policing of the area is covered on a 24/7 basis by a mobile unit attached to Blackrock.
As the Deputy will be aware, the allocation of Garda members and staff is by law an operational policing matter for the Garda Commissioner. I am advised by the Garda authorities that, as of the same date, there were 706 Garda sworn members assigned to Cork City, 328 to Cork North, and 284 to Cork West. These figures represent increases of 8%, 10% and 3% respectively since 2015.
Additionally, support is available and provided as required from uniformed and/or plain-clothes resources from the other Cork City Centre Community Engagement stations and policing of the area is covered on a 24/7 basis by a mobile unit attached to Blackrock.
I am further informed that Neighbourhood Watch is active in the area and that local Gardaí attend the local community fora, where any issues are discussed in a proactive manner.
In 2015 An Garda Síochána launched the highly successful Operation Thor, a nationwide operation established to tackle burglary and prosecute offenders. Operation Thor actively targets organised crime gangs and repeat offenders through co-ordinated crime prevention and enforcement activity based on intelligence and the latest burglary trends.
Since its inception in 2015, burglary has been trending downwards with overall reported burglary in 2022 45% lower than pre-pandemic levels of 2019.
An Garda Síochána also has a free property recording app. Should any items be stolen, the app provides a way of reporting this to An Garda Síochána and gives the public the option to share information with Gardaí for this purpose.
My Department also provides funding to Muintir na Tíre to cover the costs incurred by community groups in administering the Text Alert Scheme.
Text Alert enables communities to set up a group to receive alerts advising them of suspicious or criminal activity in their area. As well as ensuring awareness among users of the service, it can also lead to them reporting suspicious activity to Gardaí.
Further information on the property marking app, text alert schemes and other crime prevention information can be found on the Garda website: www.garda.ie.
79. Deputy Ruairí Ó Murchú asked the Minister for Justice if he will provide an update on any progress made on advancing duty of care legislation; and if he will make a statement on the matter. [18108/23]
View answerInsurance reform is a key priority for this Government and is reflected in the Programme for Government, the Government’s Action Plan for Insurance Reform, and in the Justice Plan 2023.
It is intended that a number of sections of the Occupiers’ Liability Act 1995 be amended, in line with the Government policy objective of restricting the liability of occupiers. These proposals strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
The proposed amendments, which build on a Review Paper prepared by the Department of Justice in February 2021 contain four key developments:
- they will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;
- they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;
- they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and
- they allow for a broader circumstance where it can be shown that a visitor or recreational user has voluntarily assumed a risk.
These amendments were included in the Courts and Civil Law (Miscellaneous Provisions) Bill, 2022 as committee stage amendments in the Dail on the November 22, 2022. This Bill was passed by Dáil Éireann on March 3, and it is expected to commence second stage in the Seanad in the comings weeks.
80. Deputy Aodhán Ó Ríordáin asked the Minister for Justice what progress he has made in progressing the offence of spiking as a stand-alone offence, consisting of administering a substance without consent for the purpose of facilitating a sexual offence, and punishable with a sentence of up to ten years imprisonment; and if he will support the campaign to recognise the need to separate such an offence from that of poisoning. [17927/23]
View answerSpiking a person’s drink is a very serious offences. Section 12 of the Non-Fatal Offences Against the Person Act 1997 provides for a general poisoning offence and already criminalises anyone who spikes a drink.
Section 12 of the 1997 Act applies to anyone who intentionally or recklessly administers a substance which is capable of interfering substantially with another person’s bodily functions, which explicitly includes inducing unconsciousness or sleep and would certainly encompass an intent to stupefy or overpower.
It is important to emphasise that where a sexual assault (which carries a 10-year maximum sentence) or rape (which carries a maximum of a life sentence) has taken place, then this may clearly be charged separately.
Another relevant offence is attempt to commit a rape or sexual assault. While this is a complex area of law, for present purposes an attempt occurs when the perpetrator takes sufficiently proximate steps towards the commission of the crime, and has the intent to complete the crime. The same maximum sentences apply where there is an attempt to commit a rape or a sexual assault.
A stand-alone offence, as proposed by the Deputy is, in effect, poisoning with an additional element of an intent to commit a sexual offence.
I have discussed this with the Deputy before during the Report Stage of the Criminal Justice (Miscellaneous Provisions) Bill 2022 and I can fully understand the Deputy’s motivation.
If the poisoning is used to actually commit a sexual offence, then that offence should clearly be charged, and would carry the penalties that I’ve set out. If the intent to commit a sexual assault is present and can be proven, then an attempt charge arises. If intent cannot be proven, then poisoning is charged.
The practical difficulties are clearly proving the poisoning has actually taken place, who committed it, and that the intent to take advantage of the victim’s drugged state is present. It is possible that the final intent element of a new offence would actually make it significantly more difficult to prosecute this heinous crime, and result in fewer prosecutions or fewer convictions.
As I stated recently in the Dáil, I hope to receive further information and observations in this area from the Garda Commissioner.
Finally, I would urge anyone who may have been a victim or who may have witnessed an incident of this type of crime – assault or sexual assault – to report it to the Gardaí, and they can be reassured that it will be pursued with the utmost seriousness.
