Skip to main content
Normal View

Wednesday, 11 Oct 2023

Written Answers Nos. 1-20

Domestic, Sexual and Gender-based Violence

Questions (8)

Violet-Anne Wynne

Question:

8. Deputy Violet-Anne Wynne asked the Minister for Justice her views on a report (details supplied); and if she will make a statement on the matter. [44145/23]

View answer

Written answers

I was honoured to contribute to the launch of the Women’s Aid Impact Report 2022 earlier this year.

There is no doubt that its content makes for stark and difficult reading.

Last year Women’s Aid received 33,000 disclosures of domestic abuse of women and children, including more than 1,000 cases of sexual abuse.

The report notes that four out of five women who contacted Women’s Aid were abused by a current or former male intimate partner. This data, which finds people are most likely to suffer at the hands of someone they know, tallies with the findings of the valuable Sexual Violence Prevalence Survey published by the CSO in phases throughout this year.

These figures tell two stories.

They demonstrate the scale of the continuing challenge Ireland faces in addressing the causes of abuse against women with a view to ending this epidemic.

But also, more positively, they show those who have suffered violence are more and more open to seeking support.

Sadly, we know these contacts only represent the tip of the iceberg. There are still too many people trapped in traumatic situations.

This Government is committed to tackling all forms of domestic, sexual and gender based violence and last year we published our ambitious Zero Tolerance Plan.

In addition to the sexual violence prevalence survey undertaken, we have committed to undertaking a a national domestic violence prevalence survey and to repeat both at regular intervals to underpin and inform policy on an ongoing basis.

This will not only illustrate the scale of the challenge we face and help us respond appropriately, it will also, over time, help us assess the impact of the Zero Tolerance Strategy and of the forthcoming Domestic Sexual Gender Based Violence Agency which will be established early next year.

I am delighted that I have secured a €12 million increase in funding for combatting DSGBV under Budget 2024. This will give the agency a core budget of €43m next year which will increase nationwide coverage of supports and services, and support the implementing our ambitious national strategy.

Question No. 9 answered orally.

Legal Aid

Questions (10)

Gino Kenny

Question:

10. Deputy Gino Kenny asked the Minister for Justice what steps her Department has taken in relation to recent industrial action at the Criminal Courts of Justice; and if she will make a statement on the matter. [43853/23]

View answer

Written answers

Both Minister McEntee and I recognise that the role played by barristers and solicitors in undertaking criminal legal aid work is a fundamental part of the criminal justice system.

The Constitution obliges the State to provide an accused person with the means to obtain appropriate legal representation.

To protect that right and ensure due process, the Criminal Justice (Legal Aid) Act, 1962 provides for the operation of the Criminal Legal Aid Scheme which sets out that free legal aid may be granted, in certain circumstances, for the defence of people who have insufficient means in criminal proceedings.

It is the courts, through the judiciary, who are responsible for the granting of legal aid and the Department of Justice is responsible for the payment of fees under the Scheme.

It is vital that experienced practitioners continue to be willing to provide their services under the Scheme and that the rates payable are sufficient to ensure that newly qualified lawyers can continue to opt to practice criminal law.

This is central to upholding the rights of accused persons under the Irish Constitution and the European Convention on Human Rights and ensuring a fair trial.

Like Minister McEntee, 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 met recently with representatives of the Bar Council to hear their concerns first hand and I am pleased that it was possible to address these concerns in the context of Budget 2024 which has provided for an increase of 10% in fees to barristers and solicitors under the Criminal Legal Aid Scheme.

As already indicated by Minister McEntee, I want to again make it clear that this 10% increase is the starting point in a wider process.

It is the first step on a pathway to further engaging with the profession and with the Department of Public Expenditure, NDP Delivery and Reform.

I also think it is important to reiterate that work to modernise and improve the operation of the Criminal Legal Aid Scheme is underway. As part of that process, officials in the Department will engage with the legal profession with a view to identifying further reforms in the context of the new Criminal Legal Aid Bill currently being drafted, to modernise the Criminal Legal Aid Scheme, including identifying reforms to fees.

This process will 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.

Questions Nos. 11 to 14, inclusive, answered orally.

Domestic, Sexual and Gender-based Violence

Questions (15)

Violet-Anne Wynne

Question:

15. Deputy Violet-Anne Wynne asked the Minister for Justice if she will comment on her plans to increase step-down accommodation for survivors of domestic violence; and if she will make a statement on the matter. [44144/23]

View answer

Written answers

The Government is committed to doubling the number of refuge places to 280 as part of our Zero Tolerance Strategy to tackle domestic, sexual and gender-based violence.

To achieve this ambitious goal we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year.

A key priority is the enactment of legislation to provide for the establishment of a new DSGBV agency in January, which I was delighted to introduce last month and which is currently before these Houses.

I have secured a €12 million increase in funding for DSGBV under Budget 2024. This will give the agency a core budget of €43m next year which will increase nationwide coverage of supports and services, and boost momentum in implementing our ambitious national strategy.

The development of 36 refuge units is underway in Wexford, Dundalk and Navan. The aim is to deliver 98 refuge units in priority locations by end 2025 along with further additional and upgraded units by the end of the Strategy.

In addition, Safe Homes - another form of emergency domestic violence accommodation, are an important part of the response.

Safe Homes are usually provided as a separate unit of accommodation, for example a flat or a house, at a community or local level. It generally suits those at low to medium risk of serious harm. I expect to increase the number of Safe Homes to 50 by the end of this year, up from 36 at the end of 2022.

Tusla is working with the sector and the Department of Housing on the provision of refuge and safe homes. Step-down accommodation is delivered through the local authorities who are committed to reviewing the guidelines for step-down accommodation under Zero Tolerance.

The new Agency, will be in a position to work closely with relevant Departments, agencies, local authorities and stakeholders to further assess the national need, and build capability and standards with a view to ramping up delivery.

Public Sector Staff

Questions (16)

Patrick Costello

Question:

16. Deputy Patrick Costello asked the Minister for Justice the measures being taken to protect public and civil servants from far Right demonstrations. [44125/23]

View answer

Written answers

At the outset I would like to say that threats against the safety of those who work in our public services, including Gardaí, local authority employees, public representatives and our staff, and indeed any member of the public, are completely unacceptable. This is something I have discussed with the Garda Commissioner and which he regards with the utmost seriousness. Individuals who engage in illegal threatening behaviour will face the full rigour of the law. Some demonstrations have engaged in what could be deemed intimidation rather than legitimate protest and there can be no place for this in our society.

The right to protest is enshrined in the Constitution and in law. It is a legitimate part of our democracy. It is, however, a right to peaceful protest and it comes with responsibility. It is the responsibility of everyone who wishes to engage in protest to do so in a peaceful manner and never in a way that infringes on the safety and rights of others.

Those who are intent on confrontation, rather than peaceful demonstration, go beyond the bounds of what is acceptable in a democratic society. In these circumstances, members of An Gardaí Síochána will protect the public and uphold the law.

As is the case with all operational policing matters, the Garda authorities are responsible for monitoring protests, including the maintenance of public order. I am informed by Garda management that their approach to policing protests is predicated on keeping people safe, preventing anti-social and criminal behaviour, and the management of traffic.

In response to these demands, Gardaí may deploy an increased presence or other physical measures, as deemed operationally necessary.

Gardaí have shown exceptional professionalism and restraint in dealing with situations and that is to be welcomed. That does not mean the law will not be enforced. Far from it. We have seen people brought before the courts in relation to incidents earlier this year. We must rely on Garda operational management and frontline Gardaí to use their discretion and judgment and they have my support in that.

I am satisfied there is a wide range of legislation under which threats and intimidation can be prosecuted, including the Non-Fatal Offences Against the Persons Act and Public Order legislation.

The law is kept under review and the Deputy will be familiar with the provisions of the new Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill, which is currently before these Houses and strengthens the provisions of the longstanding legislation in this area. I hope this will be enacted later this year.

An Garda Síochána

Questions (17)

Bernard Durkan

Question:

17. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which provision can be made to increase the throughput of gardaí from Templemore to meet current and expanding needs; and if she will make a statement on the matter. [44099/23]

View answer

Written answers

The unprecedented allocation of over €2 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 yesterday’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.

The Commissioner and his team continue to keep this under review to ensure that Garda recruitment and retention strategies are as effective as possible and the additional funding made available by the Government in Budget 2024 will provide for an increase in the allowance payable to Garda trainees to €305.

I have asked the Commissioner to consider what the minimum recruitment age should be, and I am awaiting his proposals. I am also in discussions with my colleague, the Minister for Public Expenditure and Reform, regarding the Garda retirement age.

Crime Prevention

Questions (18)

Fergus O'Dowd

Question:

18. Deputy Fergus O'Dowd asked the Minister for Justice to provide an update on the Drogheda Implementation Plan; and if she will make a statement on the matter. [44097/23]

View answer

Written answers

Let me first say that it has been really encouraging to see the very significant progress which has been achieved in Drogheda over the last few years.

Since the establishment of the Implementation Board, the willingness and commitment of members to working together has achieved what I believe will be lasting progress for Drogheda.

I announced earlier this year a further extension for the Drogheda Implementation Board. The extension of the Board’s term will allow it to maintain that positive momentum already built to improve community safety in Drogheda and to strengthen co-operation between State agencies in the town and surrounding areas.

The Gardaí have continued to show immense dedication and diligence in tackling the criminal elements within the town and the surrounding areas. My top priority is building stronger, safer communities and that is reflected in the budget announced today for An Garda Síochána, which has grown by 23% since I took office in 2020.

But we know community safety cannot simply be the responsibility of the Gardaí. We need Government Departments and agencies, community organisations and the public all working together with a common aim.

Already there have been a series of really tangible actions to point to. Extra teachers, addiction services, community facilities, funding for counselling interventions for primary school aged children impacted by trauma, the development of a new apprenticeship training hub and youth diversion projects - all delivered through the Drogheda Implementation Plan.

And through the Community Safety Innovation Fund, the Government has reinvested the proceeds of crime back into communities, including two Drogheda-based projects: the New Choices Project and the Red Door Project.

For our part, the Government remains committed to improving safety and wellbeing for the community in Drogheda.

Further details on wider funding and activities will be available in the upcoming progress report which will be published in the near future.

Antisocial Behaviour

Questions (19)

Alan Farrell

Question:

19. Deputy Alan Farrell asked the Minister for Justice the steps her Department is taking, in conjunction with An Garda Síochána, to ensure that anti-social behaviour is being tackled in our towns and cities; and if she will make a statement on the matter. [43842/23]

View answer

Written answers

I would like to assure the Deputy that the Government is determined to tackle anti-social behaviour and its causes. The funding of over €2 billion made available to An Garda Síochána this year and next demonstrates the Government’s ongoing commitment to ensuring Gardaí have the equipment, technology, facilities, fleet and, most importantly, the personnel they need to carry out their vital work.

A number of priority actions are contained in the Programme for Government, and my Department’s Justice Plan 2023, to reduce instances of such behaviour and help people to be safe and feel safe in their local communities. These include:

• setting up an expert forum on anti-social behaviour;

• establishing Local Community Partnerships;

• expanding youth diversion to the 18-24 year old age group;

• implementing the Youth Justice Strategy 2021 - 2027;

• creating a criminal offence in respect of adults who groom children into criminality;

• the roll out of body-worn cameras to members of the Gardaí.

Separately, the Government through the Minister for Transport has introduced legislation to give stronger powers to An Garda Síochána to seize scrambler bikes and similar vehicles.

Minister McEntee recently held a bilateral meeting with her counterparts from Latin America, building stronger links with our international partners in the fight against transnational crime. This is complemented by the work of the Commissioner, who has recently travelled to the US, Colombia and Europe to further this engagement.

I would also like to commend An Garda Síochána and all of the state agencies involved in the recent drugs seizure that took place off Cork, and also involved in operations off the coast of Wexford.

The Anti-Social Behaviour Forum, which I chair, is developing measures which will address the factors which give rise to such behaviour and its impact on community morale and quality of life. The Forum seeks to avoid duplicating other ongoing work by my Department.

Three subgroups of the Forum have been established to consider the specific issues of knife crime; the misuse of scramblers and quadbikes; and responses to Anti-Social Behaviour impacts on housing complexes managed by Approved Housing Bodies (AHBs).

The Government will prioritise the establishment of Local Community Safety Partnerships (LCSPs) across the country in 2024. Each partnership will bring together community members, the voluntary and community sector, statutory services, and local councillors to work together in identifying and tackling community safety issues, such as anti-social behaviour and drug dealing, locally. Each Partnership will develop a Community Safety Plan for their area. Partnerships will also be able to apply to the Community Safety Innovation Fund to provide funding for community safety initiatives in their area. This fund allows the proceeds of crime to be reinvested back into the community.

Three innovative pilot schemes have been set up in Longford, Waterford and Dublin’s North Inner City as forums for discussion, collaboration and co-ordination on community safety issues.

The locations allow the proposed structure to be trialled in a high population density area, a medium population density area and a low population density area, with a regional distribution.

My Department has also commenced a review of the powers available to members of the Gardaí in relation to dealing with anti-social behaviour.

An Garda Síochána have a number of crime prevention initiatives in place to support and protect the business community from issues such as theft and harassment. This includes the National Strategic Retail Forum which is an integral part of the An Garda Síochána Crime Prevention & Reduction Strategy 2021-2024.

This forum is led by the Garda National Crime and An Garda Síochána engage with external stakeholders in relation to retail theft and related crime. This Forum provides Retail Forum members the opportunity to raise issues and concerns and the sharing of crime prevention knowledge to assist and collaborate in combined efforts to reduce and prevent crime. It also allows for a review of powers available to An Garda Síochána in relation to public order and anti-social behaviour to ensure the law is kept up to date.

The government is committed to reducing reoffending. The Joint Agency Response to Crime, which was initially established in 2014, is a multi-agency response to the supervision and rehabilitation of offenders. JARC brings together agencies such as the Irish Prison Service, the Probation Service, An Garda Síochána and my Department to direct offenders away from a life of criminality.

Crime Prevention

Questions (20)

Alan Farrell

Question:

20. Deputy Alan Farrell asked the Minister for Justice the steps her Department is taking to support communities and tackle organised crime; and if she will make a statement on the matter. [43843/23]

View answer

Written answers

At the outset I would like to assure the Deputy that tackling organised criminal activity is a priority for An Garda Síochána and the government.

The unprecedented allocation of over €2 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.

The Deputy will be aware that the Garda Commissioner is responsible for the administration of Garda business. As Minister, I have no role in operational policing matters. However, I am assured that An Garda Síochána continues to work closely with international partners to combat transnational crime and has already had significant success in this regard.

I was pleased to hold a bilateral meeting with my counterparts from Latin America recently, building stronger links with our international partners in the fight against transnational crime. This is complemented by the work of the Commissioner, who has recently travelled to the US, Colombia and Europe to further this engagement.

I would also like to commend An Garda Síochána and all of the state agencies involved in the recent drugs seizure that took place off Cork.

While we should not underestimate the difficulties which the Garda authorities face in tackling organised criminal activity, we continue to see the significant results of their efforts in arrests made, people being brought before the Courts both here and in other jurisdictions, and drugs and firearms seizures.

An Garda Síochána tackles organised criminal activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations. To the greatest extent possible, these measures include the use of advanced analytical and intelligence methodologies.The unprecedented resources allocated from my Department 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, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau (CAB).

Other measures which the Government has prioritised in tackling organised crime include increasing the maximum penalty for conspiracy to murder to life in prison, which was signed into law earlier this year. There are also Garda Armed Response Units in all Garda regions which are available to support all divisions countrywide.

The Programme for Government commits to diverting children away from gangs seeking to recruit them into a life of crime. Earlier this year, the Government agreed to publish new legislation which will criminalise the grooming of children into a life of crime and will, for the first time, create specific offences where an adult compels, coerces, induces or invites a child to engage in criminal activity.We will also continue to roll out the evidence-based community intervention programme “Greentown”, which seeks to break the link between children who are engaged, or at risk of engaging, with a criminal gang.

Top
Share