Cathal Crowe
Question:347. Deputy Cathal Crowe asked the Minister for Justice the main policy achievements of her Department since 27 June 2020; and if she will make a statement on the matter. [31866/23]
View answerThursday, 29 June 2023
Questions (347)
Written answers
Justice Plan 2023, published earlier this year, builds on the work outlined in Justice Plans 2021 and 2022, and outlines a wide range of actions under the Department's five strategic goals, which are:
• Tackle crime, enhance national security and transform policing
• Improve access to justice and modernise the courts system
• Strengthen community safety, reduce reoffending, support victims and combat domestic, sexual and gender based violence
• Deliver a fair immigration system for a digital age
• Accelerate innovation, digital transformation and climate action across the justice sector
Under Justice Plan 2023, I am progressing a suite of policy and legislative reforms which are priorities for me as Minister, in line with the commitments set out in the Programme for Government. Some of the priority achievements of the Department since the formation of the Government are set out below.
The government’s Zero Tolerance plan to tackle domestic, sexual and gender based violence was published in June 2022. The Strategy is an ambitious, five-year, whole-of-Government programme of reform and its publication was accompanied by a detailed implementation plan covering the first 18 months, with yearly implementation plans thereafter. This will ensure the strategy is a living document and emerging issues can be incorporated.
There is a huge body of work underway. Key elements include:
• The doubling of the overall number of refuge units over the lifetime of the Strategy.
• The establishment of the DSGBV Agency next January will bring the expertise and focus required to tackle this complex social issue.
• Many of the actions in the Strategy are focused enhanced support for victims. The provision of legal aid and legal advice, trauma-informed training, and national awareness campaigns are all provided for.
The government has introduced and is committed to enacting significant legislation. We are committed to:
• Enacting the Criminal Justice (Miscellaneous Provisions) Bill which is currently before the Houses
• to make stalking and non-fatal strangulation standalone criminal offences
• to increase the sentence of conspiracy to murder from 10 years to life in prison, a key measure to tackle gangland crime and those who direct it
• to double the maximum sentence for assault causing harm – one of the most common offences in domestic violence cases – from five years to ten years
• Enacting the new Hate Crime and Hate Speech Bill to reform and modernise the law through the introduction of new, specific hate aggravated offences for crimes motivated by prejudice against protected characteristics, with tougher sentences than ordinary forms of crime, and to legislate for Incitement to Hatred or Hate Speech – Bill is currently in the Seanad.
• Enacting the Recording Devices Bill to improve use of CCTV, and to provide for Body worn cameras and Automatic Number Plate Recognition - to be brought into Dáil at second stage in the coming weeks.
• Enacting law to establish a new Judicial Appointments Commission to ensure best practice in the way we appoint judges - completed Dáil, continuing at Seanad committee stage.
• Enacting the Engagement of Children in Criminal Activity Bill to criminalise adults who groom children into a life of crime.
• Enacting the Inspection of Places of Detention Bill in the new year to provide for national and international inspections of all types of places of detention in the state and to allow Ireland to ratify the Optional Protocol to the UN Convention on the Prevention of Torture.
• Introducing amendments to the Children Act 2001 to provide a broader range of sentencing options to the courts in certain proceedings involving children.
• Introducing legislation to establish the Irish Prison Service on a statutory basis with enhanced governance structures – General Scheme to be submitted for Government approval shortly.
• Introducing legislation for a new agency to ensure the delivery of excellent services to victims of Domestic, Sexual and Gender-Based Violence (DSGBV), support and coordinate the implementation of Government strategies to tackle DSGBV, and carry out related research and awareness-raising campaigns (General Scheme approved by Government on 28th February).
• Modernising and updating 200 year old licensing law – General Scheme approved by Cabinet and published; scheme referred for pre-legislative scrutiny.
• Updating sexual offences legislation, such as the law around consent and many reforms in line with commitments in Supporting a Victim's Journey, the plan to put the victim at the centre of the criminal justice system. This legislation will also introduce a revised National Referral Mechanism to help tackle human trafficking – General Scheme published during the summer, full Bill to be published in the coming period.
• Introducing the landmark Policing, Security and Community Safety Bill to overhaul of structures and oversight of the Gardaí – Bill to be debated in the Dáil early in the new year
• Publishing Police Powers bill to improve effectiveness of police powers with new fundamental rights provisions – Bill to be published next year.
• Updating the Proceeds of Crime legislation to reduce the period from seven years to two years, before criminal proceeds may be confiscated and to increase the tools we have available to combat organised crime.
Since 27 June 2020, several important pieces of legislation have been enacted, including:
• Enacted Coco’s Law to criminalise distribution of intimate images without consent.
• Enacted the Perjury Bill to establish a statutory criminal offence for perjury.
• Enacted a law to remove reporting restrictions which prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed.
• Enacted measures to introduce pre-trial hearing to ensure that victims are less likely to face stressful unexpected delays and adjournments to trial start dates.
• Signed order to bring into the new personal injuries guidelines under the Judicial Council Act.
• Enacted new law on Garda operating model to more front-line Gardaí, increased visibility, and a wider range of policing services for people in their local area.
• Enacted new regulations to provide for legal aid to the families of the 48 victims and new legislation for a revised jury selection process for the Dublin Coroner, in relation to the new inquests into the Stardust fire tragedy.
• Enacted and commenced the Communications (Retention of Data) (Amendment) Act 2022 which will facilitate necessary access to certain communications data to protect national security and tackle serious crime.
• Enacted and commenced the Garda Síochána (Amendment) Act 2022, the legislation has clarified the legal basis of the court presenter system and avoided a potential backlog of cases in District Courts across the State.
• Amended the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) with the (Amendment) Regulations 2023, to provide for the participation in and attendance of authorised officers of the Competition and Consumer Protection Commission (CCPC) at Garda interviews.
• Enacted the Sex Offenders (Amendment) Act 2023 on 5th April 2023.
• Enacted the Garda Síochána (Compensation) Act 2022 on the 24th of October 2022 which commenced on 10th April 2023, and replaced the existing Garda compensation scheme with a new statutory scheme that will reduce the waiting times and costs associated with claims for malicious injury to Gardaí or their family members.
• Enacted the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 on the mutual recognition of custodial sentences, which provides for the transfer of sentenced persons between EU member states. The Act also amends and updates the existing legislation underpinning transfers for non-EU states, including the United Kingdom.
• Enacted the Smuggling of Persons Act on 15 December 2021 to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states.
• Enacting the Family Courts Bill 2022 to establish new dedicated Family Courts within the existing court structures and to put families at the centre of the family justice system - Bill published in December 2022 and completed Second Stage in the Seanad in February 2023.
Other key initiatives include:
• Domestic violence refuge accommodation was brought under the Minister for Justice for the first time and considerable progress has been made to date towards establishing a new DSGBV Agency, which will be up and running in January 2024. The new Agency will commission and fund DSGBV services, put in place national service standards, lead on research and awareness-raising, and coordinate all Government actions set out in the Third National Strategy on Domestic, Sexual and Gender-Based Violence.
• A once in a generation scheme to regularise the status of long term undocumented migrants.
• The development of a new Immigration Services Website that is customer orientated with information available in video format and in various languages.
• A new online system for the renewal of registrations in the Dublin area was developed and launched on 20 June 2020, enabling applicants to engage with the Registration Office without the need to attend in person at the Burgh Quay Registration office.
• In November 2022, the International Protection Office (IPO) introduced accelerated procedures for international protection applicants from safe countries of origin.
• The IPO has also developed a Modernisation Strategy for 2023/2024. The key objective of the strategy is that the International Protection Office will further increase outputs throughout 2023, while significantly accelerating certain categories of cases, and continually improving the quality of decision making.
• The Department will provide quality and timely advice on opt-in to EU measures relating to asylum matters, including measures under the Common European Asylum System and the EU Pact on Asylum and Migration.
• The Department will continue to participate in the negotiation of EU measures related to asylum and migration in particular, the EU Pact on Asylum and Migration.
• Review of Policy options for Prison and Penal Reform 2022-2024 – Published in August 2022, this review aims to make Ireland a safer place by ensuring appropriate and proportionate use of imprisonment and community sanctions in a manner which best facilitates rehabilitation and reintegration.
• High Level Task Force on mental health and addiction - established in April 2021 to consider the mental health and addiction challenges of people who come into contact with the criminal justice sector. The final report and recommendations of the Task Force were published in September 2022 by the Ministers for Justice and Health.
• Health Needs Assessment for the Irish Prison Service - Published in May 2023 by the Ministers for Justice and Health, this is the first comprehensive health assessment undertaken for the Irish Prison Service. The Report sets out 60 recommendations for the optimal development of healthcare services in the Prison Service and is primarily focused on strengthening delivery of IPS Healthcare services across a range of areas and on improving governance in IPS healthcare services.
• Publication of the Report of the Review of Defamation law, in March 2022, with the General Scheme of the Defamation (Amendment) Bill published in March 2023.
• The Judicial Planning Working Group, established by the Minister, reported to Government in February 2023. It considered the number and type of judges required to ensure the efficient administration of Justice over the next five years in the first instance, but also with a view to the medium to long term. A substantial increase in judicial numbers over the coming years was recommended, starting early in 2023 with a phased approach. In total, it recommended that 44 additional Judges be appointed in two phases. These recommendations are being implemented currently.
• The Youth Justice Strategy 2021-2027 provides a developmental framework to address key ongoing challenges, as well as new and emerging issues, in the youth justice area. The intention is to develop the Youth Diversion Project (YDP) network so that it is available to every child in the State who could benefit from it, through an ongoing expansion of existing services and the foundation of new projects where necessary. There are currently over 100 YDPs in operation and the intention of this year’s Justice Plan, under the Youth Justice Strategy, is to provide full geographic availability of youth diversion services by the end of 2023.