Brendan Griffin
Question:21. Deputy Brendan Griffin asked the Minister for Justice the efforts being made to counteract drug trafficking and dealing in our communities; and if she will make a statement on the matter. [43901/23]
View answerCrime Prevention
Questions (21)
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 organisation has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.
Tackling drug dealing and associated criminal activity, including by organised crime groups and by members of the public who, through their drug-taking fuel this illegal and very harmful trade, is a top priority for An Garda Síochána and the Government.
I will continue to provide An Garda Síochána with the resources it needs to ensure communities around Ireland are safe and feel safe.
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).
The Garda National Drugs and Organised Crime Bureau leads in tackling all forms of drug trafficking and the supply of illicit drugs in Ireland. Collaboration at an inter-agency and international level remain key in tackling this issue. 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, including working 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.
Last year, the Government approved the expansion of the Garda Liaison Officer Network, following a request from the Garda Commissioner. The deployment of Garda Liaison Officers has proven to be an effective and practical form of interagency cooperation between police services and has supported the exchange of information and the coordination of operations across borders. This network continues to play a crucial role in tackling transnational criminal activity.
At a local level, Operation Tara, by tackling street-level dealing, focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved at every level.
The Garda Commissioner has also tasked an Inspector in every Garda Division to respond to the issue of drug-related intimidation. There are currently 30 nominated Garda Inspectors appointed to act as liaison officers for the Drug-Related Intimidation Reporting Programme, covering each Garda Division.
Government policy in the area of drugs, which is led by the Department of Health, is focused on reducing the harms for individuals, families and communities and promoting rehabilitation and recovery.
Prison Service
Questions (22)
Mark Ward
Question:22. Deputy Mark Ward asked the Minister for Justice the efforts being made to tackle waiting times for mental health services within prisons; the funding that has been allocated to this within the budget; and if she will make a statement on the matter. [44104/23]
View answerWritten answers
I can advise the Deputy that mental health services within prisons are provided by the Irish Prison Service (IPS) and the HSE/National Forensic Mental Health Service (NFMHS) and there are a range of rehabilitative, therapeutic and counselling services available for people in custody.
The Irish Prison Psychology Service is staffed by qualified mental health practitioners and is the largest body of mental health professionals employed directly by the Prison Service. They provide an integrated service to people in custody, working primarily through a layered care model, providing primary, secondary and tertiary level mental health care. They provide access to a variety of responses, from minimal interventions such as whole population approaches with the Red Cross and primary care mental health interventions, to more specialist mental health and personality disorder treatments. The IPS medical and nursing services also provide a primary care mental health service to this vulnerable population. This includes a comprehensive assessment of individuals on committal to prison with ongoing care and treatment as required.
In addition, the HSE / NFMHS provides in-reach psychiatric services to the Irish Prison Service. This direct service includes dedicated Clinical Forensic Consultants, Community Forensic Mental Health Nurses, Social Workers and administrative staff.
The Prison Service collaborate with the NFMHS to ensure the appropriate provision of psychiatric services to those in custody with a psychiatric diagnosis such as schizophrenia, psychosis and major mood disorder in all closed prisons.
In the case of those in custody who are critically ill and require admission to the Central Mental Hospital (CMH) for appropriate treatment in a medical facility, a waiting list is operated by the NMFHS and is reviewed on a weekly basis.
Over the last three years, the number of critically ill people in the care of the Irish Prison Service on the waiting list has varied between 15-25 patients. It should be noted that all prisoners placed by NMFHS consultants on the waiting list have been clinically assessed as warranting admission to the CMH, which is a tertiary care facility.
While the Prison Service have no control on who is admitted to the CMH, it is expected that the recent opening of the new purpose built facility in Portrane will see admission rates increase over time and I can assure the Deputy that officials in the Prison Service are in ongoing active contact with the CMH to try to ensure that people in prison can access the care they need. It is important to note that patients on the CMH waiting list continue to receive care and treatment from the NFMHS and IPS clinical staff.
It is well known that a significant number of people committed to prison have mental health issues and I can assure the Deputy that I am aware that if we address these issues, in conjunction with appropriate post prison supports, we can help people break the cycle of offending.
The Programme for Government commits to considering the mental health and addiction treatment of persons imprisoned and the primary care support provided on release and a lot of work has been done in this area.
The Deputy will be aware that, in a joint approach with my colleague the Minister for Health, the report of the High Level Taskforce considering the mental health and addiction challenges of people interacting with the criminal justice system was published in September 2022.
In addition, the report on the Health Needs Assessment for the Irish Prison Service, the first comprehensive health assessment undertaken for the Prison Service, was also considered by the Government and published in May this year.
Taken together, these important and comprehensive pieces of work represent a coherent and whole-of-system approach to addressing offender behaviour, providing rehabilitative and mental health supports, and managing the prison population in a considered and planned way.
The Prison Service continually endeavour to provide more effective ways of working to reduce the waiting lists for psychology by proactively reducing the time spent doing assessment, and in turn are increasing the amount of time allocated to intervention. This includes the fast track of prisoners into certain interventions directly from referral based on file review and consultation with the multi-disciplinary team.
It also includes the introduction of rolling groups in order to improve access to psychological therapy.
In addition, the Prison Service have developed 1-day workshops that now run weekly in the Prison schools on specific topics, and workbooks that can be accessed in the Prison school, encouraging more to get involved with Psychology Services.
I can also advise the Deputy that in Budget 2023, additional dedicated funding of €970K was secured to increase the number of psychologists employed by the Irish Prison Service. This year, under Budget 2024, I have secured an additional circa €27 million for the Irish Prisons Service budget. This includes approximately €9m in staffing to provide for increased pay roll costs, recruitment of staff, and for 65,000 additional hours to deal with current pressures.
Legislative Reviews
Questions (23)
Catherine Connolly
Question:23. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 49 of 11 July 2023, the status of the independent review of part 4 of the Criminal Law (Sexual Offences) Act 2017, which was due for completion by the end of 2022; the status of the recruitment process to replace the individual who had previously been engaged to carry out the study, and if the new person has been appointed; if the Minister has received the completed report to-date; the expected timeline for the publication of the final report; and if she will make a statement on the matter. [43950/23]
View answerWritten answers
I thank the Deputy for her continued and genuine interest in this work.
The changes made by the 2017 Sexual Offences Act allow those engaged in prostitution to provide information to Gardaí, for instance if they were subjected to violence by clients, without fear of prosecution for selling sexual services.
Section 27 of the Act provides for the review to which the Deputy's question refers.
As the Deputy is aware, my Department commissioned an independent consultant to undertake this statutory review but, due to a number of reasons, it wasn’t possible for the review to be completed within the desired timeframe.
I very much regret the delay.
My Department has been working to put in place a replacement to complete this important review and yesterday sought expressions of interest through notices in the national media, online through social media, and through academic networks.
Again, I reiterate that I regret the delay with this review and want to see the report finalised and published as soon as possible. The intention is that, once a new study lead is engaged, this review can be brought to a conclusion without any further undue delay.
I can assure the Deputy that once the review is completed and the report received, any recommendations made will be considered as a priority.
Northern Ireland
Questions (24)
Patrick Costello
Question:24. Deputy Patrick Costello asked the Minister for Justice if, in light of the new polling published by the Commission for Victims and Survivors Northern Ireland on the impact of the Troubles on the population of this State, she will examine the introduction of bespoke troubles impact payments as exist in the North of Ireland and the island of Britain. [44117/23]
View answerWritten answers
As the Deputy has noted, the Commission for Victims and Survivors in Northern Ireland recently published a survey of attitudes here regarding the Troubles and people’s experiences of the Troubles. The survey emphasises the fact that we live on an island, and as such we share experiences with our neighbours.
Successive Irish governments have consistently sought to acknowledge and address the legitimate needs and expectations of victims’ families and survivors of Troubles-related attacks in this jurisdiction.
The Deputy will be aware that a number of measures have been undertaken by the Irish and UK Governments to support victims of Troubles-related violence. Those measures have been introduced at different times and have taken different forms.
A number of practical measures have been introduced in this jurisdiction. These measures included the establishment of the Remembrance Commission in 2003, to administer in this jurisdiction a Scheme of acknowledgment, assistance and remembrance for victims of the Northern Ireland conflict and their families. In total over €6.5 million was distributed. This included payments for individuals and their families, as well as funding for particular memorials and for victim supports.
On the conclusion of the Commission in 2008, special arrangements were made to ensure that victims resident in the jurisdiction who require on-going medical treatment for injuries sustained in Troubles incidents may have certain costs reimbursed through my Department. These arrangements continue today.
The Government also continues to demonstrate its commitment to the families of the Disappeared through resourcing the Independent Commission for the Location of Victims’ Remains.
Other forms of supports have been made available such as the Criminal Injuries Compensation Tribunal, the Reconciliation Fund operated by the Department of Foreign Affairs, and government co-funding for projects under the EU PEACE programmes. Provision of funding will continue under the PEACE PLUS Programme (2021-2027) and will help build on the good work that takes place supporting victims and survivors in both Northern Ireland and in this jurisdiction.
An Garda Síochána
Questions (25)
Pádraig O'Sullivan
Question:25. Deputy Pádraig O'Sullivan asked the Minister for Justice who is responsible for Garda recruitment; if it is outsourced; if intake targets have been provided and met; and if she will make a statement on the matter. [43953/23]
View answerWritten 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 organisation has provision for the equipment, technology, facilities, fleet and personnel it needs to carry out vital policing work.
The Public Appointments Service (PAS) manages the initial recruitment stages for selection of Garda trainees, including interviews, on behalf of the Garda Commissioner. The final stages of the recruitment process, during which candidates must be vetted, complete a physical competency test and a medical examination, are overseen by Garda HR.
The budget provided to An Garda Síochána in recent years supports the recruitment of Garda members and staff. Following the temporary closure of the Garda College during Covid, this year has seen a return to significant levels of recruitment with three new classes of Garda recruits to date having started in the Garda College in Templemore, comprising 135 trainees in February, another 154 in May and a class of 174, the largest class since Covid, at the end of July. Another new class will enter the college next Monday 16 October, with another class due in December, putting An Garda Síochána on-track to recruit between 700 and 800 new recruits into the college in 2023.
111 new Gardaí have attested so far this year and another 470 are in active training. The next attestation is due to take place this Friday, and I look forward to marking the attestation of approximately 125 new Gardaí .
While the Garda Commissioner and his team are responsible for recruitment, I regularly engage with them to monitor progress. As of the end of August 2023, there were 13,910 Garda members across the country. This represents an increase of almost 9% since 2015 when there were 12,816 Garda members throughout the country. These Gardaí work alongside 3,147 Garda staff, which is over 50% more than the number of staff in 2015. The Government is committed to reaching its current targets of 15,000 Gardaí and 4,000 Garda staff and further increases beyond that will be considered in due course.
There has been a high level of interest in the recent recruitment campaigns which reflects the enduring attraction of a career as a Garda. Almost 5000 people applied for the most recent 2023 campaign which is in line with the level of interest in 2019, the last pre-COVID recruitment campaign.
I can assure the Deputy that there is extensive engagement between my Department, An Garda Síochána, and the Public Appointments Service (PAS) with a view to ensuring that Garda recruitment campaigns succeed in attracting a range of diverse and well qualified candidates.
Domestic, Sexual and Gender-based Violence
Questions (26)
Jennifer Murnane O'Connor
Question:26. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the progress made towards establishing a women’s refuge in Carlow. [44014/23]
View answerWritten answers
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.
The development of an estimated 36 refuge units is underway in Wexford, Dundalk and Navan. It is expected that there will be 98 refuge units in priority locations delivered by end 2025 along with further additional and upgraded units by the end of the Strategy.
I can assure the Deputy that Tusla is continuing to support the process of developing a refuge for Carlow. Tusla is also supporting Carlow Women’s Aid to progress the development of Safe Homes and is issuing funding to enable the opening of the first safe home unit in Q4 2023.
As the Deputy is aware, a group of local stakeholders associated with the local domestic violence network established the Carlow Refuge Development Advisory Group, and have been engaging with Tusla to identify possible organisations interested in taking the lead on developing a refuge in Carlow.
This early-stage process was concluded in June and a report was submitted to Tusla with recommendations that will inform the next steps and timeline for the development of the Carlow domestic violence refuge.
Building on outcomes of the work undertaken locally earlier in the year, Tusla has initiated a process to identify a lead organisation to take forward the development of the domestic violence refuge and subsequent provision of domestic violence refuge support services.
Outcomes from this process are expected in December 2023. There is ongoing engagement with local stakeholders to consider how best to ensure that the development is appropriately supported within the local community.
I am informed that further work to identify a suitable site for a new refuge in Carlow is also planned for this month.
Inquiry into the Death of Mr. Shane O'Farrell
Questions (27)
Gino Kenny
Question:27. Deputy Gino Kenny asked the Minister for Justice if she will establish a public enquiry into the death of a person (details supplied) and the circumstances around their death; and if she will make a statement on the matter. [43850/23]
View answerWritten answers
The report of Judge Gerard Haughton arising from the Scoping Exercise into the circumstances surrounding the tragic and untimely death of Shane O'Farrell, aged 23 in August 2011 was published on 3rd July 2023. Judge Haughton was appointed by Minister Flanagan in 2019 to carry out a Scoping Exercise in light of the public controversy surrounding the circumstances of Mr O'Farrell's tragic death. Specifically, the purpose of the exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference. Judge Haughton's diligent work has resulted in a thorough and comprehensive 416 page report. In his report, Judge Haughton has concluded that there are no circumstances surrounding the death of Mr O'Farrell which warrant further investigation or inquiry beyond those already carried out. The report also finds that no inquiry is necessary into the systems and procedures for the sharing of information between An Garda Síochána, the Courts Service and other relevant State bodies operating at the time of Mr. O'Farrell's death. Judge Haughton makes a number of important recommendations on suspended sentences legislation, certain aspects in relation to dangerous driving (Road Traffic Act 1961), specific aspects of the law relating to inquests and the role of the Gardaí, and an audit of relevant Courts Service accounts by the Courts Service Audit and Risk Committee (in relation to the misplacing of Appeal papers by the Court Service). All of the recommendations made by the Judge have been carefully considered by the relevant state bodies and agencies and implementation of those recommendations has commenced, where appropriate.
I understand there are plans in the coming weeks for time to be provided in both Houses for statements to be made. I look forward to hearing members contributions on the matters set out in the Report.
An Garda Síochána
Questions (28)
Pádraig O'Sullivan
Question:28. Deputy Pádraig O'Sullivan asked the Minister for Justice the number of gardaí in each of the Cork divisions comparing figures from 2020, 2021, 2022 and to date in 2023, in tabular form; and if she will make a statement on the matter. [43952/23]
View answerWritten answers
Budget 2024 provides funding of €2.31 billion for An Garda Síochána, up 23 per cent since 2020. This level of funding 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.
This level of funding will continue to provide for a steady pipeline of new Gardaí in the coming years, supporting the recruitment of between 800 and 1,000 Gardaí next year, with new recruits entering the Garda College approximately every 11 weeks.
As 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 the recruitment and training of Garda members and staff. The Commissioner also determines the distribution and stationing of Garda members throughout the State under the provisions of the Act. As Minister, I have no role in such matters.
I am assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.
The table below, which has been provided by An Garda Síochána, shows the number of Gardaí assigned to each of the divisions within Cork for the years requested. Information for 2023 is as of 31 August. All information supplied is operational and subject to change.
|
DIVISION |
2020 |
2021 |
2022 |
2023* |
|
CORK CITY |
723 |
730 |
709 |
702 |
|
CORK NORTH |
351 |
330 |
333 |
323 |
|
CORK WEST |
308 |
297 |
289 |
284 |
Prison Service
Questions (29)
Aodhán Ó Ríordáin
Question:29. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if she will instigate a statutory review of the Prison Service as a safe working environment. [44137/23]
View answerWritten answers
I am advised by my officials in the Irish Prison Service that it aims to achieve the highest health and safety standards across its operations and to meet the statutory requirements set out in the Safety, Health and Welfare at Work Act 2005 as well as compliance with the provisions and requirements of other relevant legislation, standards and codes of practice.
To do this the Irish Prison Service has established and maintains an occupational health and safety management system (OHSMS) based on the requirements of the internationally recognised safety management system – ISO 45001. The Occupational Health and Safety Management System facilitates the Irish Prison Service’s compliance with legal requirements and ensures that the policies and procedures are implemented, operated, monitored and reviewed in accordance with a structured programme with the objective of continual improvement.
Furthermore, the Irish Prison Service works collaboratively with the State Claims Agency to ensure the volume and severity of claims against the Irish Prison Service is minimised.
I am assured by the Director General of the Irish Prison Service that she is committed to ensuring that adequate resources are provided to enable the Irish Prison Service meet its statutory requirements and its commitment to the safety of all those to whom it owes a duty of care, including staff, prisoners, contractors and visitors.
Miscarriages of Justice
Questions (30)
Thomas Pringle
Question:30. Deputy Thomas Pringle asked the Minister for Justice her response to a petition by a group (details supplied) in relation to a case recently submitted to her Department; and if she will make a statement on the matter. [44146/23]
View answerWritten answers
The Deputy will be aware that the question he raises relates to an investigation of nearly 50 years ago and which culminated in the court’s overturning convictions of two people in 1980; a pardon for one individual in 1992; and the payment of financial settlements.
There is no doubt that this case, and others of the time, cast a shadow on the trust we place in our criminal justice and policing systems to ensure justice is done. It is important to note however that this happened several decades ago and the safeguards which were available at that time to those who were the subject of investigation were very different to those now in place.
It was following on from the work of the Ó Briain and Martin Committees that the Criminal Justice Act 1984 which regulates the treatment of persons in custody, the Garda Síochána (Complaints) Act 1986, and the Criminal Procedure Act 1993 containing a new appeal procedure based on miscarriage of justice, were introduced. The available safeguards have been further and significantly strengthened in the years that followed.
Ireland now has an increasingly robust system of Garda oversight in place and this Government continues to develop and update our oversight processes. For example, through the significant work undertaken by my Department in developing the proposals contained in the Policing, Security and Community Safety Bill currently before the Houses.
As I have said previously, I am not aware of any matter of urgent public interest which would warrant reopening the matter, given that the Courts have adjudicated on the cases and a presidential pardon was granted.
The Irish Council for Civil Liberties has submitted a petition to my office which seeks to establish an inquiry into this case. This petition is receiving attention and a response will issue in due course.
Miscarriages of Justice
Questions (31)
Brendan Griffin
Question:31. Deputy Brendan Griffin asked the Minister for Justice the up-to-date position regarding the possible posthumous pardoning in the historic cases of Poff and Barrett in County Kerry; and if she will make a statement on the matter. [43900/23]
View answerWritten answers
As the Deputy will be aware, a detailed application for posthumous Presidential pardons for the two individuals referenced by the Deputy was submitted by the Castleisland District Heritage incorporating the Michael O’Donohue Memorial Project in December 2021.
The application has completed an internal review within the Department, and an independent expert in trial law was engaged to further examine and review the case of the two individuals in question. This independent expert review of the case has been completed and is now under consideration and a decision on how best to proceed will be taken in due course.
Gambling Sector
Questions (32)
Thomas Gould
Question:32. Deputy Thomas Gould asked the Minister for Justice for an update on the Gambling Regulation Bill 2022, given the ESRI report into gambling harm. [44120/23]
View answerWritten answers
I note and welcome the Economic and Social Research Institute’s report on problem gambling, published on 5 October 2023.
The ESRI’s latest Report and the ESRI’s Literature Review on problem gambling, published in June 2023, underscore the need to recognise and meaningfully confront problem gambling and the harms it causes.
The ESRI’s research reinforces the requirement to ensure that there is a system in place for the proper regulation of the gambling sector in our society.
Reform of gambling legislation, licensing and regulation is a priority for the Government and my Department. The Programme for Government includes a clear commitment to reform gambling legislation, with a focus on public safety and well-being from both an online and in-person perspective.
The Gambling Regulation Bill 2022 sets out the framework and legislative basis for the establishment of a new, independent statutory body – Údarás Rialála Cearrbhachais na hÉireann, the Gambling Regulatory Authority of Ireland – and for a robust regulatory and licensing regime to regulate gambling in-person and online, and for the regulation of gambling advertising, websites and apps.
The Government approved publication of the General Scheme of the Bill in October 2021. In May 2022, the Committee published its report of its pre-legislative scrutiny of the General Scheme of the Bill. The Bill was approved for publication in November 2022, completed Second Stage in Dáil Éireann in December 2022 and Committee Stage in Dáil Éireann on 11 July 2023. My Department is currently preparing for Report Stage. Once passed by the Dáil, the Bill will go to the Seanad where it will undergo further legislative scrutiny.
Subject to the support of both Houses of the Oireachtas, the aim is for the Bill to complete its journey through the Oireachtas in the coming months.
At its core, this legislation is a public health measure aimed at protecting our citizens from gambling harm, including younger people and those more vulnerable in our communities. My officials and I have engaged in extensive consultation with representatives from the industry, the charity sector, related sectors and as well as with professionals working in the area of problem gambling, persons adversely affected by the consequences of gambling and those with lived experience of problem gambling.
Again, I welcome the publication of this Report.
Prison Service
Questions (33)
Aodhán Ó Ríordáin
Question:33. Deputy Aodhán Ó Ríordáin asked the Minister for Justice what measures have been taken to put the Prison Service on a statutory footing. [44136/23]
View answerWritten answers
I can advise the Deputy that on 25 July 2023 I secured Government approval for drafting of the Irish Prison Service Bill 2023. I subsequently referred the General Scheme of the Bill to the Oireachtas Joint Committee on Justice for pre-legislative scrutiny, as part of which the Committee convened a discussion on the Scheme on 3 October 2023.
The proposed Bill will cement the position of the Irish Prison Service (IPS) as a State body with defined functions and responsibilities, provide it with best practice governance supports, and set out clear lines of statutory authority and accountability for the management of the prison system. This includes establishing the position of Director General of the IPS as a statutory office with formal authority and accountability to match the responsibilities of the role. The Bill will designate the Director General as the Accounting Officer for the Prisons Vote and as the Appropriate Authority for staff of the IPS within the meaning of the Public Service Management (Recruitment and Appointments) Act 2004 and the Civil Service Regulation Acts 1956 to 2005.
The Bill will further provide for the establishment of a non-executive Board to provide the IPS with guidance and oversight in matters of internal governance and the development and implementation of corporate strategy. The Bill will also provide for the establishment of a dedicated audit committee and other expert committees of the Board as required. These new structures will ensure that the IPS has the benefit of expert guidance and oversight in implementing the Government’s penal policy reform programme, in managing capital projects and in ensuring the highest standards of governance and accountability in the prison system. This will complement the primarily human rights-focused oversight already provided by external entities such as the Inspector of Prisons, the Prison Visiting Committees, and the European Committee for the Prevention of Torture (CPT).
The Bill will expressly preserve the overall authority of the Minister for Justice in matters of strategy and policy. The provision of prison capacity and related decisions on capital investment will remain firmly as matters for decision by the Minister and the Government.
As stated previously to the Deputy, I am confident that the proposed Bill will ensure that the IPS is best positioned to fulfil its vital mandate into the future. This ultimately will help to shape better outcomes for prisoners, staff and communities alike.
For further information please access the link to Draft General Scheme of an Irish Prison Service Bill 2023 - d783a461-829a-4311-909d-9e5430fd6fec.pdf (www.gov.ie)
Crime Prevention
Questions (34)
Gino Kenny
Question:34. Deputy Gino Kenny asked the Minister for Justice her views on the effectiveness of youth diversion projects and their impact of diverting young people away from crime; and if she will make a statement on the matter. [43851/23]
View answerWritten answers
As the Deputy will be aware, 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.
The Deputy may wish to note that I launched an evaluation of the YDPs recently, which demonstrates that the YDPs have proved very successful.
Interview data from the evaluation highlights continued interactions taking place between Youth Justice Workers (YJW) and individuals who have left the YDP but who continue to need some support. One YJW noted that ‘we invested in their life at some point … so we can't just abandon them just because they turned 18 or they've left the project’. This continuing support is on an ad-hoc basis, including offering advice, assistance with preparing CVs for job applications and attendance at occasions such as weddings or christenings.
However, official data relating to re-offending could not be accessed by the Evaluation Team due to the fact that the data is not linked to other data sets as it relates to minors and it was therefore not possible to establish the effectiveness of the projects through this means. The Evaluation Team instead relied on interviews and surveys.
The YLS / CMI 2.0 tool, which is a risk assessment tool designed to assess risk and need, was also used, though its value as regards measuring crime risk was found to be extremely limited.
Throughout the evaluation, it was emphasised to the Evaluation Team that there is a need to be realistic about what can be achieved through the YDPs. Nevertheless, high proportions of Youth Justice Workers, Juvenile Liaison Officers, project managers and Project Committee members indicate that the YDPs are successful in achieving positive outcomes.
Overall, the analysis of the YLS tool shows that about half of participants who had two YLS assessments had decreased their overall risk score, about one third increased their risk score and about one sixth were unchanged.
The evaluation has a number of recommendations on linking YDP data and reoffending data which will be taken forward by the Department in collaboration with the Research and Development team of University of Limerick's Research Evidence into Policy, Programmes and Practice (REPPP) programme such as:
• Building on the rich description of the YDPs and analysis of different data sources provided in the evaluation, consideration be given to carrying out a more comprehensive analysis of the administrative databases using inferential techniques;
• Finding ways to access and analyse Garda PULSE data relating to individual YDP participants, without compromising privacy and confidentiality, with a particular focus on the trajectories of those who remain engaged in the projects, disengage in a planned way and disengage in an unplanned way; and
• Analysing of Garda aggregate PULSE data in respect of young people according to YDP catchment areas be carried out annually and trends noted.
I am advised that the table below provides the overall number of children and young people referred to the Garda Youth Diversion Programme for the years 2011 to 2021.
The figures for 2022 and 2023 are unavailable, pending publication of the Annual Report of the Committee Appointed to Monitor the Effectiveness of the Diversion Programme for those years.
|
Year |
Total no. of children/young people referred |
|
2021 |
8,514 |
|
2020 |
8,169 |
|
2019 |
9,842 |
|
2018 |
8,561 |
|
2017 |
10,607 |
|
2016 |
9,451 |
|
2015 |
9,807 |
|
2014 |
9,991 |
|
2013 |
10,420 |
|
2012 |
12,246 |
|
2011 |
9,721 |
It should be noted that the number referred to the GDYP does not equal the number who are deemed suitable for inclusion in the Diversion Programme. Each case is assessed by the Director of the GDYP for suitability for inclusion. There are a number of reasons why a child/young person may not be deemed suitable, including but not limited to, the serious nature of the offence, patterns of repeat offending, lack of evidence etc.
The Annual Reports of the Committee Appointed to Monitor the Effectiveness of the Diversion Programme and the Evaluation Report of the YDPs are published on gov.ie - Youth Justice Strategy 2021 - 2027 (www.gov.ie)
Child Abuse
Questions (35, 38)
Paul McAuliffe
Question:35. Deputy Paul McAuliffe asked the Minister for Justice if her Department has cooperated with investigations into historical allegations of abuse in an organisation (details supplied) and alleged cross over with probation service employees. [43965/23]
View answerPaul McAuliffe
Question:38. Deputy Paul McAuliffe asked the Minister for Justice her plans to address historical allegations of abuse in the Probation Service by a deceased individual and whether an investigation to determine whether abuse was more widespread or should have been detected will take place. [43963/23]
View answerWritten answers
I propose to take Questions Nos. 35 and 38 together.
The Deputy will be aware from previous responses, that records indicate two allegations of child sexual abuse have been made in relation to the Probation Service. Both relate to alleged incidents in the 1970s by a former staff member who is now deceased.
As previously advised, I am informed that when the first allegation came to the attention of the Probation Service, An Garda Síochána and relevant services were notified and a criminal investigation was initiated. The Probation Service later became aware of a second allegation against the same former staff member, who by that time was deceased. This matter is the subject of a legal claim which is being managed by the State Claims Agency on behalf of my Department. As I am sure the Deputy will appreciate I am not in a position to comment further as the matter is ongoing.
I can inform the Deputy that there are no plans to commission an investigation into historical allegations of abuse in the Probation Service.
I would encourage anyone who has been a victim of any kind of sexual assault to reach out for help and support and to report the matter to An Garda Síochána. There are specialist Garda members in every Garda Division, trained to ensure that any victim presenting to Gardaí are met with a consistently high standard of specialist, sensitive, professional and expert assistance.
There are also a range of victim support services available and many are listed on the Victims Charter website at www.victimscharter.ie. Rape crisis centres throughout the country also offer advice and support services to victims of rape and sexual assault and operate a national 24-hour helpline which can be contacted at 1800 77 88 88. The HSE also have a National Counselling Service - www.hse.ie/eng/services/list/4/mental-health-services/national-counselling-service/.
Legal Aid
Questions (36, 41)
Ruairí Ó Murchú
Question:36. Deputy Ruairí Ó Murchú asked the Minister for Justice the work that has been carried out by her Department to review and increase payments to solicitors and barristers in the criminal legal aid scheme; and if she will make a statement on the matter. [43927/23]
View answer
Darren O'Rourke
Question:41. Deputy Darren O'Rourke asked the Minister for Justice if she will report on her plans to respond to the strikes of criminal law barristers; if she has plans to raise legal aid fees to pre-2008 levels; and if she will make a statement on the matter. [44012/23]
View answerWritten answers
I propose to take Questions Nos. 36 and 41 together.
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.
An Garda Síochána
Questions (37)
Cathal Crowe
Question:37. Deputy Cathal Crowe asked the Minister for Justice if she will provide details on the number of Garda personnel in the Clare-Tipperary Garda division, by county; the number of superintendents in the Clare-Tipperary Garda division and the Garda stations in which they are typically based; and if she will make a statement on the matter. [44102/23]
View answerWritten answers
As the Deputy will be aware, the Garda Commissioner is responsible for the management and administration of Garda business and he determines the distribution of Gardaí throughout the State. I do not have a role in these matters. The Commission on the Future of Policing in Ireland (CoFPI) recognised that community safety is not solely the responsibility of the Gardaí, or my Department, but rather, it is a whole of Government responsibility. The Deputy may be aware that a number of actions are in progress under 'A Policing Service For Our Future', the Government's implementation plan for the recommendations of the CoFPI report. This includes the Garda Commissioner's rollout of the new Garda Operating Model, which seeks to release front-line Gardaí from roles that can be effectively carried out by civilian Garda staff. The aim is to increase Garda visibility, community engagement and the deployment of specialist services throughout the country.
The Operating Model was rolled out in Clare-Tipperary in 2023.
I am advised by the Garda authorities that as of August 2023, the latest date for which figures are available, there were 299 Garda members in Clare Division. This represents an increase of 2.4% since 2015 when there were 292 Garda members. There is one Superintendent based in Ennis.
As of August 2023 there were 381 Garda members in Tipperary Division. This represents an increase of 7.6% since 2015 when there were 354 Garda members. There is one Superintendent based in Clonmel, two in Nenagh, one in Thurles and one in Tipperary Town.
Question No. 38 answered with Question No. 35.
Antisocial Behaviour
Questions (39)
Gino Kenny
Question:39. Deputy Gino Kenny asked the Minister for Justice her views on her Department's engagement with An Garda Síochána, an organisation (details supplied) and the local authorities in regard to the late night soccer leagues; and if she will make a statement on the matter. [43852/23]
View answerWritten answers
Protecting our communities and reducing anti-social behaviour is a priority for me and all of Government, so it requires a whole-of-Government response. Everyone should feel safe in their communities.
A key part of this is the unprecedented budget allocation of over €2 billion to An Garda Síochána this year. This level of funding will allow for the continued recruitment of Garda members and staff, with Garda recruits entering Templemore approximately every 11 weeks.
An Garda Síochána do outstanding work in supporting our young people by working with youth diversion projects across the country. In particular, An Garda Síochána, in association with the FAI and local authorities, runs the late night soccer league (LNL) programme in the Dublin Metropolitan Region.
The LNL programme is open to young people aged 13-21, and takes place during prime anti-social hours such as Friday nights. The initiative is based around the concept of using football as a tool for social inclusion and learning and is just one example of the many ongoing efforts by An Garda Síochána to reduce antisocial behaviour and to protect our communities.
The Late Night Leagues aim to:
• Divert youths from Crime and anti-social behaviour;
• Encourage at risk young people to participate in meaningful activities, thus reducing anti-social behaviour; and
• Promote and further engage with youths and communities.
I am advised that a review of the LNL programme was carried out this year to ensure effective delivery of same. I am informed that the leagues will continue in cooperation with the Local Authorities and the FAI and that Community Gardaí will liaise with Local FAI Development Officers to create awareness and engage in the leagues.
I am further advised that a Youth Diversion FAI/AGS Late Night Leagues Pilot will commence in Q4 2023 to ensure specific engagement with 'hard to reach' young people. This will be led by the FAI Development Officer and a Divisional/District Inspector with responsibility for Youth Justice, along with the JLO Sergeant/Garda in cooperation with the Youth Diversion Projects. The pilot will run on a partnership basis within each Division/District. Target Groups are identified by local Juvenile Liaison Officers/Gardaí and the FAI Local Development Officer and engagement with the relevant groups.
Prison Service
Questions (40)
Aodhán Ó Ríordáin
Question:40. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if there is an outstanding WRC award to a prison officer (details supplied); and if so, the reason the award has not been paid. [44138/23]
View answerWritten answers
I am advised by my officials in the Irish Prison Service that on 20th April 2022 the Labour Court set aside the Workplace Relations Commission decision and, on that basis, no payment has been made nor is any payment pending.