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Wednesday, 11 Oct 2023

Written Answers Nos. 158-177

Domestic, Sexual and Gender-based Violence

Questions (160)

Carol Nolan

Question:

160. Deputy Carol Nolan asked the Minister for Justice further to Parliamentary Question No. 290 of 5 October 2023, if the over 30 staff members that are envisaged to form part of the agency will be drawn from existing staff from other Departments or Government agencies; if not, if they will be new hires in addition to existing Departmental or agency staff; and if she will make a statement on the matter. [44392/23]

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Written answers

Tackling domestic, sexual and gender-based violence (DSGBV) in all its forms and providing fully for the needs of victims is a priority for me and Government.  It will need substantial, dedicated and permanent resourcing and that is a key reason for setting up the new statutory based DSGBV Agency.

I can assure the Deputy that the agency will be given the resources it needs to fulfil its mandate and I am delighted to have secured an additional €12m in funding for combatting DSGBV under Budget 2024, which represents a record 25% increase. It means that agency will have a core budget of €43m next year which will greatly assist the agency in meeting the acute needs for services throughout the country, and will boost the momentum in implementing the ambitious goals set out in the zero tolerance national strategy.

It is envisaged that the Agency, headed by a CEO, will have over 30 staff members. Staff will be a mix of new recruits, and existing civil and public servants from the Department of Justice or other Government Departments and Tusla.

As the Deputy may know, Tusla ran a number of dedicated recruitment campaigns earlier this year for DSGBV roles that will transfer to the Agency once established, and the successful candidates are now in place.  

A number of key positions will be advertised in the coming months through an open recruitment process and the CEO position was advertised widely by the Public Appointments Service on 22 September.

Courts Service

Questions (161)

Bernard Durkan

Question:

161. Deputy Bernard J. Durkan asked the Minister for Justice the number of positions to be filled on the benches of District, Circuit and High Courts; and if she will make a statement on the matter. [44440/23]

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Written answers

It is a priority for my Department to ensure that the courts are resourced to administer justice efficiently and effectively for citizens in their access to justice. The Government endeavours to fill judicial vacancies at the earliest opportunity, and some positions are due to be filled shortly.

Earlier this year, following the publication in February of the final report of the Judicial Planning Working Group, the Government committed to an historic increase of the number of judges to facilitate greater access to justice. The final Report recommended that 44 additional judges be appointed in two phases.

A first tranche of 24 additional judges were approved by Government on 21 February and the legislative provisions for judicial posts were increased to 198 under the Assisted Decision Making (Capacity) (Amendment) Act 2022 and the Courts Act 2023 to include the 24 additional posts.

There are four vacancies to be filled in the High Court and two in the Circuit Court. There are no vacancies in the District Court.

Missing Persons

Questions (162)

Bernard Durkan

Question:

162. Deputy Bernard J. Durkan asked the Minister for Justice the number of persons deemed to be missing persons; and if she will make a statement on the matter. [44441/23]

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Written answers

I have sought the information requested by the Deputy from An Garda Síochána and have been advised that, as of 9 of October this year, there are 878 persons reported as missing recorded on the Garda PULSE database.

I am also advised that this data is operational and liable to change. I am informed that all missing person investigations remain open until the missing person is located.

I am further informed that a missing person investigation commences when the incident is reported to An Garda Síochána and is constantly reviewed at Superintendent level in the relevant Garda district at specific junctures within the investigation.

This helps to ensure that all investigative actions appropriate to the investigation are being pursued, and that the appropriate resources have been assigned to the investigation

An Garda Síochána

Questions (163, 167, 169, 170, 173)

Bernard Durkan

Question:

163. Deputy Bernard J. Durkan asked the Minister for Justice the total number of gardaí available throughout the country on a full-time basis; the extent to which this number has fluctuated over the past ten years; and if she will make a statement on the matter. [44442/23]

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Bernard Durkan

Question:

167. Deputy Bernard J. Durkan asked the Minister for Justice her plans to increase the strength of An Garda Síochána in the short-term in all divisions throughout the country; and if she will make a statement on the matter. [44446/23]

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Bernard Durkan

Question:

169. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she expects to be in a position to accelerate the training of extra gardaí in Templemore or elsewhere with a view to calling on extra numbers to meet policing standards and requirements; and if she will make a statement on the matter. [44448/23]

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Bernard Durkan

Question:

170. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she proposes to augment the strength of An Garda Síochána in accordance with the need for an increased Garda presence throughout the country; and if she will make a statement on the matter. [44449/23]

View answer

Bernard Durkan

Question:

173. Deputy Bernard J. Durkan asked the Minister for Justice the number of gardaí currently available in each division throughout the country on average on duty at any given time; and if she will make a statement on the matter. [44454/23]

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Written answers

I propose to take Questions Nos. 163, 167, 169, 170 and 173 together.

The unprecedented allocation of over €2.3 billion to An Garda Síochána in 2023 and 2024, up 23 per cent since 2020, demonstrates the Government's commitment to ensuring the Gardaí have provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.

This level of funding is providing for a steady pipeline of new Gardaí, with a new batch of recruits entering the Garda College approximately every 11 weeks this year.  I am delighted that the fourth class of 2023 will commence in the Garda College on next Monday, with approximately 125 new Gardaí due to attest on this Friday. Thanks to the funding provided in this week's Budget, this recruitment activity will continue through 2024 with a view to recruiting between 800 and 1000 Gardaí next year. 

There has been an acceleration in the number of recruits entering Templemore. This follows the closure of the Garda College during the Covid-19 pandemic. Despite the very challenging recruitment situation, against a background of record full employment, it is notable that An Garda Síochána continue to attract a large number of quality candidates who want to join the service.  

As the Deputy will be aware, by law the Garda Commissioner is responsible for the administration of An Garda Síochána, including the distribution of Garda members between the various Garda Divisions. I have no role in these operational matters.

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 am advised by the Garda authorities that as of the 31 August 2023, the latest date for when figures are available, there was a total of 13,910 Garda members. This represents an increase of almost 9% since the end of December 2015. In addition, the civilianisation programme has freed up almost 900 Garda members from back office work for front line policing work since 2015.

I am further informed that it is not possible to provide a figure for the number of Gardaí on duty at any one time due to the fluctuating nature of crossovers, rosters, and other necessary changes.

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. 

Further detailed information in relation to Garda numbers is available on my Department’s website.  This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.

The information can be found at the following link:  

www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/.

Crime Prevention

Questions (164)

Bernard Durkan

Question:

164. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which hate speech, hate crime and racism continue to be addressed in all areas throughout the country without exception; and if she will make a statement on the matter. [44443/23]

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Written answers

The Deputy will be aware that the Government is fully committed to the fight against racism, prejudice and bigotry, and strongly condemns the actions of those who abuse and attack others because of their own prejudices against a person’s religion, ethnic origins, sexual orientation or any other part of their identity as a human being. Ireland is a diverse and tolerant country, and such behaviour is not acceptable.

It is currently an offence under the Incitement to Hatred Act 1989 to speak, publish, display or broadcast threatening, abusive or insulting material, where that material is intended or likely to stir up hatred against a person(s) on the basis of a protected characteristic. It is also an offence to prepare or possess such material with a view to its publication, broadcast or display.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 will update the existing offences to include incitement to violence as well as incitement to hatred and it will create new hate crime offences for the first time in Ireland.

Under the Bill, it will be an offence to incite violence, in addition to hatred, towards individuals and groups based on a list of protected characteristics, which include a person’s race, colour, nationality, national or ethnic origin and their descent.

The Bill also creates new hate offences as aggravated forms of existing offences, for example: “assault aggravated by hatred”. This will allow a court to impose a sentence that recognises the hate component of an offence where it is motivated by hatred or where hatred is demonstrated during the commission of the offence.

Other elements of the existing Act are retained, including the offence of preparing and possessing material likely to stir up hatred and powers of search, arrest and forfeiture necessary for the investigation of the offence.

In addition to my work on this legislation, my colleague, the Minister for Children, Equality, Disability, Integration and Youth earlier this year fulfilled the Government commitment to publish a National Action Plan against Racism.

Other actions to tackle racism, prejudice and intolerance in the Programme for Government include the Migrant Integration Strategy and the National LGBTI+ Strategy.

Work also continues on Supporting a Victim's Journey', the detailed plan to implement the recommendations of the O'Malley Review so as to introduce important reforms to support and protect vulnerable victims and make our criminal justice system more victim-centred.

I would encourage anyone who has been a victim or has witnessed any hate motivated crime to report it to An Garda Síochána for investigation.

An Garda Síochána takes hate crime seriously and is strongly committed to engaging proactively and respectfully with all members of society, and, in particular, persons from minority groups and diverse backgrounds.

The Garda National Diversity and Integration Unit monitor all incidents recorded on Pulse that have a discriminatory motive attached to them. They advise, support and assist investigating Gardaí across the country who are investigating incidents which may have a discriminatory motive attached.

There are now over 480 specially-trained Garda Diversity Officers (GDOs) across every Garda division. Their role is to liaise with representatives of the various minority/diverse communities in their division, establish communication links, inform and assure these communities of Garda services and provide support to victims of hate crime.

Since 1st April 2022 it is also mandatory for all Garda Personnel, of all ranks and grades, to complete online Hate Crime training which includes a full section devoted to bias motivations.

Crime Prevention

Questions (165)

Bernard Durkan

Question:

165. Deputy Bernard J. Durkan asked the Minister for Justice the efforts currently being made to discourage young people from becoming involved in a life of crime including drugs; and if she will make a statement on the matter. [44444/23]

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Written answers

At 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.

The Criminal Justice (Miscellaneous Provisions) Act 2023 was passed in July of this year. 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.

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. 

Part 4 of the Children Act 2001 (as amended) provides the statutory basis for the Garda Youth Diversion Programme (GYDP). The intention of the programme is to divert children and young people who have engaged in criminal or anti-social behaviour away from the criminal justice system and towards more positive life choices. Children who commit criminal offences are considered for admission to the Programme. Each case is assessed individually and the Director of the GYDP, who is a Garda Superintendent, decides if the case is suitable for inclusion. 

Youth Diversion Projects (YDPs) are a fundamental support to the operation of the statutory Garda Diversion Programme. There are currently over 100 YDPs nationwide, with a small number of additional projects due to come on stream this year to meet the commitment in the Youth Justice Strategy to extend this service to every child or young person in the State who can benefit from it.

Youth Diversion Projects are co-funded by the Irish Government and European Social Fund as part of the ESF+ Programme 2021-2027.

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 times. The most notable of these has been the record seizure off the south coast as part of a joint agency operation with the Defence Forces, Coast Guard and international partners. 

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.

The Criminal Assets Bureau (CAB) has also seen an increase in funding in recent years, with the Community Safety Innovation Fund (CSIF) reinvesting the proceeds of crime into communities, reflecting the success of CAB and An Garda Síochána. I am delighted that the CSIF has increased again this year to €3.75 million under Budget 2024. 

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 and the establishment of Garda Armed Response Units in all Garda regions which are available to support all divisions countrywide.

Citizenship Applications

Questions (166)

Bernard Durkan

Question:

166. Deputy Bernard J. Durkan asked the Minister for Justice the number of citizenship applications currently awaiting a decision; the number of applications granted and refused citizenship each year over the past five years; and if she will make a statement on the matter. [44445/23]

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Written answers

I am deeply conscious of how important the granting of naturalisation is to all of those who apply for it. The median processing time for applications currently stands at 19 months.

My Department is aware that delays in processing times are frustrating and disruptive for applicants, and are working hard to improve the position. The Citizenship Division intends to regularly communicate with all applicants on a more regular basis into the future, to keep them updated on the status of their application.

Significant changes are underway within the naturalisation process as the Citizenship Division examines how it can become more efficient. One of the improvements that has become visible recently has been the reduction in wait times for files to be registered. Last year it took on average about 7 months for a file to be acknowledged. This year it is done in a matter of weeks. A related improvement is that Garda vetting is now carried out earlier in the naturalisation process to help improve processing efficiency.

 To ensure older files are also progressing under the new system, Citizenship Division wrote to 13,000 applicants in May with electronic links to commence eVetting. When the vetting is complete, and any additional information is not awaited from an applicant, the file will be progressed towards naturalisation.

The number of applications currently on hand at the end of September is approximately 31,000. 4,210 of these are at the final stage of the application process; that is, are due to make their certificate fee payment or are being scheduled for attendance at a ceremony. 

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.

I have provided the details requested by the Deputy in the table below. Please note that decisions issued in any year may relate to applications which were received in a previous year due to the time taken to process applications.

Year

Granted

Refused

2017

                    7,642

                       521

2018

                    8,624

                    1,250

2019

                    8,766

                          50

2020

                    4,615

                            8

2021

                 10,491

                       696

2022

                 14,249

                       405

2023 YtD*

                 10,882

                       111

*2023 figure to the end September. May be subject to slight variance following data cleansing. 

Question No. 167 answered with Question No. 163.

Crime Prevention

Questions (168)

Bernard Durkan

Question:

168. Deputy Bernard J. Durkan asked the Minister for Justice to what extent the revised bail laws are successfully preventing crimes while an accused is on bail; and if she will make a statement on the matter. [44447/23]

View answer

Written answers

As the Deputy is aware, restricting of a person’s liberty prior to trial is a very serious matter, given the presumption that a person is considered innocent until proven guilty.

While the State’s bail laws do provide for the refusal of bail in certain circumstances, judges are independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge concerned.

As already conveyed to the Deputy, the Bail Act 1997, which followed a 1996 referendum on the matter, enables courts to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws have been further strengthened, specifically by the Criminal Justice Act 2007, the Criminal Justice (Burglary of Dwellings) Act 2015, and 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. The 2017 Act further provides for stricter bail terms for repeat serious offenders, including the use of curfews, and strengthens Garda powers to deal with breaches of bail. 

While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are of course kept under review.

The Deputy would be aware that, Zero Tolerance, the Third National Strategy on Domestic Sexual and Gender Based Violence commits to establish a review cycle to identify outstanding and emerging further reforms required to law, practice and procedure outside of supporting the victim/survivor (with attention to the voices of adult and child survivors). As part of this work, consideration will be given to provisions governing bail where there has been a suspected breach of a barring order and where there is a history of violence.

Question No. 169 answered with Question No. 163.
Question No. 170 answered with Question No. 163.

An Garda Síochána

Questions (171, 172)

Bernard Durkan

Question:

171. Deputy Bernard J. Durkan asked the Minister for Justice the degree to which An Garda Síochána continue to have sufficient resources at their disposal to meet the threats of organised crime and drug/people trafficking notwithstanding the recent spectacular success in this regard; and if she will make a statement on the matter. [44452/23]

View answer

Bernard Durkan

Question:

172. Deputy Bernard J. Durkan asked the Minister for Justice if she remains satisfied that adequate surveillance resources have been allocated to An Garda Síochána to combat the threat of drug and people trafficking; and if she will make a statement on the matter. [44453/23]

View answer

Written answers

I propose to take Questions Nos. 171 and 172 together.

The Government is committed to building stronger, safer communities and this is reflected the unprecedented allocation of over €2 billion to An Garda Síochána in 2023 and 2024, up 23 per cent since 2020.

Given the global nature of the drugs trade, international law enforcement co-operation remains a key element in the overall response. An Garda Síochána has strong and strategic partnerships in place at international level targeting drug trafficking and play a leading role in international efforts to combat transnational organised crime groups.  

While the Deputy is aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes all operational policing matters, I am informed that An Garda Síochána works closely with relevant law enforcement agencies such as INTERPOL and Europol and participating in the Maritime Analysis Operations Centre for Narcotics (MAOC-N) based in Lisbon.

The deployment of Garda Liaison Officers has also proven to be an effective and practical form of interagency cooperation between police services. It has supported the exchange of information and the coordination of operations across borders.

Last year, the Government approved the expansion of the Garda Liaison Officer Network, following a request from the Garda Commissioner. This expansion created two new posts for Garda Liaison Officers; the first in Abu Dhabi and the second in Bangkok. These posts are in addition to existing positions situated in Madrid, Paris, London, The Hague, Washington DC and Bogota.

An Garda Síochána also continues to pro-actively and resolutely tackle all forms of drug and organised crime in this jurisdiction. The Garda National Drugs and Organised Crime Bureau (GNDOCB) continues to lead on the policing strategy for tackling drugs and works with Divisional Drug Units nationwide. These units are also supported by other national units, including the Criminal Assets Bureau, in targeting persons involved in the illicit sale and supply of drugs. There is a co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug /people trafficking activity. This vital work is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups.   

Operation Tara, which has a strong focus on tackling street-level dealing across the country, also seeks to disrupt and dismantle the drug trafficking networks that impact on our communities and prosecuting those involved, at every level. 

I understand that Gardaí recently seized over €100,000 in drugs and arrested one man as part of an Operation Tara search in Dublin last month. The Garda National Drugs and Organised Crime Bureau (GNDOCB) has also had significant, sustained success in disrupting the supply of illicit drugs by organised crime groups. In August, there was a seizure of €163m worth of suspected cocaine and cannabis in Dublin by the Dublin Crime Response Team. 

I am further advised the allocation of resources is kept under continual review and account is given to commitments and undertakings in the Annual Policing Plan and the priorities in the context of the requirements of all Garda Divisions nationwide with respect to local and national crime trends and workloads; policing arrangements and operational strategies. 

I understand the situation remains closely monitored by the Senior Leadership Team to ensure optimum use of all Garda Resources in providing the best possible Garda service to the community.

Question No. 172 answered with Question No. 171.
Question No. 173 answered with Question No. 163.

Courts Service

Questions (174)

Bernard Durkan

Question:

174. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which it might be envisaged to augment/upgrade or modernise the court system given the changing requirements on the administration of justice; and if she will make a statement on the matter. [44455/23]

View answer

Written answers

My Department is committed to driving the modernisation and Digital First agenda across the entire Justice Sector. 

This is reflected in Budget 2024, as €183.5 million was allocated for the Courts vote, including capital funding of €67 million. This builds on significant investment in recent years, with a total allocation of €176.5 million in 2023, and €163,966,000 in 2022.

The Courts Service Modernisation Programme is the 10-year programme which will deliver a new operating model for the Courts Service – designed around the user, with simplified and standardised services and accessible data to inform decisions – all delivered through digital solutions.

I particularly welcome the commitment set out by the Courts Service in its Corporate Strategic Plan 2021 – 2023, to maximise the use of digital technologies to provide an improved and user-centred service. The recently launched 360 virtual tours of our Court buildings, along with the newly developed, plain English family law information on the courts.ie website are really positive and exciting examples of this.

Towards the end of 2020, the Courts Service committed an investment in excess of €2.2 million to expand the number of courtrooms that are technology enabled. These courtrooms support remote and hybrid hearings and allow parties, witnesses, prisoners or An Garda Síochána to dial in remotely to a physical courtroom and support digital evidence display.

The project brought the number of up-to-date technology courtrooms from 55 in 2020 to 136 today. All 136 video enabled Courtrooms are equipped with full digital evidence presentation suites which include full video link facilities. Investment is committed to continuing the expansion of technology enabled courts into 2024. These examples are among a number of initiatives and investments that have been implemented as part of the courts modernisation programme.

Courts Service

Questions (175)

Bernard Durkan

Question:

175. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which any allocated funds are adequate for the Courts Service; whether any reform is required to deal with the greater volume of work, her proposals in this regard; and if she will make a statement on the matter. [44456/23]

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Written answers

Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution.

The Courts Service operates under its own vote. It has its own Accounting Officer and lays its reports and accounts directly before the Oireachtas. 

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie.

Information of this nature is held by the Courts Service. Therefore, I have referred your question to the Courts Service for its direct reply.

Courts Service

Questions (176)

Bernard Durkan

Question:

176. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which her Department funds or supports, in any way, the courts system with particular reference to pay and conditions; the extent to which issues have arisen in this regard in recent times; her proposals to address such issues by way of legislation or otherwise; and if she will make a statement on the matter. [44457/23]

View answer

Written answers

I understand the Deputy has clarified that he is referring to barrister's pay in his question.

I fully recognise the important role played by barristers and solicitors in the administration of criminal justice – both in the context of working to defend those accused and working with the Office of the Director of Public Prosecutions in respect of prosecutions.

I can assure the Deputy that the issue of criminal legal aid fees has been a priority for my Department, and I am pleased to have secured funding of €9m to make progress in increasing the fees payable to legal professionals for criminal legal aid by 10% in early 2024. In conjunction with the increase in fees, the intention is to build on the strengths of the criminal legal aid scheme while addressing any issues relating to how it is structured. 

Civil legal aid and advice for qualifying individuals is granted through the Civil Legal Aid Scheme, which the Legal Aid Board administers.  The matter of resource allocation is an operational matter entirely for the Legal Aid Board which is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act 1995.

Legislative Measures

Questions (177)

Bernard Durkan

Question:

177. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which her Department has identified particular issues that might need attention by way of new legislation or other reforms in relation to policing, the family law courts and combatting organised crime, with specific reference to any shortfalls in respect of pay, conditions affecting improvements or amendments in the administration of law including the courts; the nature of any reforms identified; her proposals to address these issues; and if she will make a statement on the matter. [44458/23]

View answer

Written answers

I welcome the significant increase in Budget allocation of over €3.27 billion in current expenditure plus €274m for capital projects for the Justice sector in 2024, with a particular focus on building stronger, safer communities. 

Budget 2024 continues to build investment in diverting young people away from involvement in crime, to make youth diversion projects available in every community in Ireland for the first time, with an increased focus on weekend activities and marginalised young people.

Tackling organised crime is a top priority for An Garda Síochána, and this Government. The Deputy will appreciate that the Garda Commissioner is operationally responsible for the management and administration of operational policing matters. However, the Government is committed to building stronger, safer communities, and sustained investment has enabled the Garda Commissioner to allocate resources to specialist units such as CAB, GNDOCB and the Armed Support Unit.

Work on Policing Reform has been overseen by a dedicated Programme Office in the Department of the Taoiseach which works continuously rather than convening on particular occasions.

In addition, as recommended by the Commission on the Future of Policing (CoFPI), an Implementation Group on Policing Reform (IGPR) has been established which has collective responsibility for delivery of the Plan. This group has met on twelve occasions over 2022 and 2023.

As the Deputy will be aware, the Criminal Justice (Miscellaneous Provisions) Act 2023 was signed into law this year which increased the maximum penalty for conspiracy to murder to life in prison. Justice Plan 2023 commits to break the links between criminal gangs and children they seek to recruit into a life of crime.

An Garda Síochána has in place strong and strategic partnerships at international level targeting drug trafficking, including working closely with relevant law enforcement agencies.

I am pleased to inform the Deputy that I and my Department are leading an ambitious programme of family justice reform. 

As the Deputy will be aware, I published the first Family Justice Strategy in November last year. This sets out a vision for a family justice system that will focus on the needs and rights of children, and assist parents in making decisions that affect all the family.  We intend to achieve this through the implementation of over 50 actions across nine goals, with timescales up to the end of 2025, and will publish annual progress updates.

The Strategy is foundational in nature and outlines the steps needed to move towards a streamlined, user-friendly family justice system, which supports and protects children and their families. As the strategy was developed, we listened to and acknowledged the many issues and concerns about how the current system operates. The actions stress the importance of children’s welfare and the need to ensure their best interests are considered in conjunction with their constitutional rights. 

The Family Courts Bill is a key part of the Strategy, and an important element of the family justice reforms. The Bill will provide for the establishment of a Family Court as divisions of the existing court structures, each dealing with family law cases appropriate to its jurisdiction. The Bill completed Second Stage in the Seanad earlier this year and work is ongoing in my Department and the Office of Parliamentary Counsel to prepare for Committee Stage, in consultation with relevant Departments, State bodies and other stakeholders.

These initiatives mark the beginning of the reform of how the family justice system operates. My vision is to make that system work better for everyone engaging with it, but particularly for those most in need of additional support and protection, including victims of domestic and sexual violence, vulnerable parents and most of all, children.

The Deputy will appreciate that the management of the courts is the responsibility of the Courts Service.  However, the Government will support the Courts Service in its work to create an environment where justice can be administered efficiently and accessibly for all citizens.

The Government has invested substantial additional resources into the Courts Service in recent years to support the Modernisation Programme being implemented by them. This is reflected in Budget 2024, with €183 million allocated for the Courts Vote, including capital funding of €67 million. The 10-year Courts Service Modernisation Programme will deliver a new operating model, designed around the user, with simplified and standardised services and accessible data to inform decisions, all delivered through digital solutions.

I particularly welcome the commitment set out by the Courts Service in its Corporate Strategic Plan 2021-2023, to maximise the use of digital technologies to provide an improved and user-centred service. The recently launched 360 virtual tours of our Court buildings, along with the newly developed, Plain English family law information on the courts.ie website are positive and exciting examples of this.

Towards the end of 2020, the Courts Service committed an investment in excess of €2.2 million to expand the number of technology enabled courtrooms. This increased the number of technology enabled courtrooms from 55 in 2020 to 136 today. 

These courtrooms support remote and hybrid hearings, are equipped with full digital evidence presentation suites which include full video link facilities, and allow all parties to dial in remotely to a physical courtroom.  The expansion of technology enabled courts will continue into 2024.

The examples outlined are among a number of initiatives and investments that have been implemented as part of the courts modernisation programme.

I fully recognise the important role played by barristers and solicitors in the administration of criminal justice – both in the context of working to defend those accused and working with the Office of the Director of Public Prosecutions in respect of prosecutions.

I can assure the Deputy that the issue of criminal legal aid fees has been a priority for my Department and I am pleased to have secured funding of €9m to make progress in increasing the fees payable to legal professionals for criminal legal aid by 10% in early 2024. In conjunction with the increase in fees, the intention is to build on the strengths of the criminal legal aid scheme while addressing any issues relating to how it is structured. 

Engagement will now begin with the legal professions for the purpose of working together to identify reforms to the fees, including automation of payments, which will support improved efficiency and governance in the administration of the scheme, and chart a path to greater transparency and fairness in the level of fees paid under criminal legal aid. 

These are necessary reforms which will further support the reforms being introduced in the Criminal Legal Aid Bill.

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