John Lahart
Question:400. Deputy John Lahart asked the Minister for Justice the main policy achievements of her Department since 27 June 2020; and if she will make a statement on the matter. [56114/23]
View answerThursday, 14 December 2023
Questions (400)
Written answers
Justice Plan 2023, published earlier this year, builds on the work outlined in Justice Plans 2021 and 2022, and outlines a wide range of actions under the Department's five strategic goals, which are:
- Tackle crime, enhance national security and transform policing
- Improve access to justice and modernise the courts system
- Strengthen community safety, reduce reoffending, support victims and combat domestic, sexual and gender based violence
- Deliver a fair immigration system for a digital age
- Accelerate innovation, digital transformation and climate action across the justice sector
Under Justice Plan 2023, I am progressing a suite of policy and legislative reforms which are priorities for me as Minister, in line with the commitments set out in the Programme for Government. Some of the priority achievements of the Department since the formation of the Government are set out below. There has been unprecedented increased investment in support of An Garda Síochána. I have increased investment into An Garda Síochána to the highest ever level. This has allowed for sustained, ongoing investment into Garda recruitment after the forced closure of the Garda College during Covid-19.
Budget 2024 provides for funding for:
- 800-1000 Garda recruits
- A 25% increase in the overtime budget
- A 66% increase in the training allowance (to €305 per week) to support recruitment
- €6 million provided for Garda wellbeing initiatives, additional medical costs and over 2,500 units of body armour.
- A new national centre of excellence in Dublin for the Garda Dog Unit, with the planned expansion to all Garda regions on a phased basis involving 50 handlers with access to100 dogs of different capabilities.
To support recruitment we are:
- Increasing the Garda training allowance by 66% (to €305 per week)
- Increasing the age of entry into the Gardaí to from 35 to 50
- Providing €6m for Garda well-being initiatives, additional medical costs and over 2,500 units of body armour.
This investment has enabled:
- Over 13,000 mobility devices - the highest ever – allowing Gardaí to conduct policing tasks outside of the station
- Over 3,400 Garda vehicles – the largest fleet of vehicles in the organisation’s history and a 31% increase since 2015
- Increased welfare and mental health supports
- Major investment in new and refurbished stations
- And a new, more practical operational uniform.
On domestic, sexual and sender based violence, I published the Government’s Zero Tolerance plan to tackle domestic, sexual and gender based violence (DSGBV) in June 2022. This is an ambitious, five year plan and its publication was accompanied by a detailed implementation plan covering the first 18 months, with yearly implementation plans thereafter. This will ensure the strategy is a living document and emerging issues can be incorporated. There is a huge body of work underway. Key achievements include:
- An additional €10m in funding secured in Budget 2024 to combat DSGBV.
- Enacted the Domestic, Sexual and Gender-Based Violence Agency Act 2023, which establishes a dedicated State body to support and co-ordinate the implementation of Governmental DSGBV strategies and policies, support and oversee the delivery of refuge places, fund relevant service providers, develop and monitor new standards for funded services, carry out awareness campaigns, and conduct research to support the evaluation and development of further policy in this area.
- Enacted the Criminal Justice (Miscellaneous Provisions) Bill which contains measures targeting violent and organised crime, violence against Gardaí and also has a particular focus on domestic, sexual and gender-based violence:
- increasing the maximum penalty for assault causing harm – one of the most commonly prosecuted violent offences – from 5 years to 10 years.
- introducing a new standalone offence of non-fatal strangulation, which can be a precursor to murder in domestic abuse situations. These changes will give judges a wider range of sentencing options to consider when addressing the more serious of assault causing harm and domestic abuse cases.
- introducing a standalone offence of stalking and strengthening the law around harassment. While any person can be a victim of stalking or harassment, they are again common behaviours in domestic abuse situations. It introduces a new stalking offence defined in terms of causing either a fear of violence, or serious alarm and distress that has a substantial impact on a person’s day-to-day activities
The Bill also provides for the making of civil orders restraining stalking conduct. These orders form an important first step in addressing stalking behaviour as they do not require the level of proof associated with the criminal offences. Not only are they easier to get than a criminal conviction, they provide a means for victims who don’t want to criminalise the stalker, and encourages engagement with Gardaí at an early stage. It will also ensure the protection of the identity of alleged victims of harassment and stalking in court proceedings. The background to this provision is that offences like harassment and stalking already impinge on a person’s privacy and personal life. Preventing public identification of victims online or in the media (unless they choose to waive their right to anonymity) is to prevent putting victims at further risk of invasion of their privacy, re-traumatisation or causing them further harm. The Bill will extend the restriction on alleged perpetrators carrying out their own cross-examinations of victims to a wider range of offences than at present (sexual offences), including those including violence, coercive control, stalking and harassment.
The Sex Offenders (Amendment) Act 2023 was signed into law by the President on 5th April 2023 and provides for stronger supervision of sex offender post release. Other key elements include:
- The doubling of the overall number of refuge units over the lifetime of the Strategy. To achieve this 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. Development of up to 36 refuge units is under way in Wexford, Dundalk and Navan. There will be 98 refuge units in priority locations delivered by end 2025 along with a further 19 additional and upgraded units by the end of the strategy.
- The Sexual Violence Survey 2022 was published by the CSO providing high quality national prevalence data on sexual violence.
- Awareness campaigns on intimate image abuse, victims of crime and consent have been rolled out. Many of the actions in the Strategy are focused enhanced support for victims. The provision of legal aid and legal advice, trauma-informed training, and national awareness campaigns are all provided for.
- I am working to bring the important new Family Courts Bill 2022 through these Houses. This will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system - this Bill completed Second Stage in the Seanad in February.
On anti-social behaviour, my Department has worked to reduce instances of anti-social 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 including in Dublin North Inner City, Waterford and Longford:
- ongoing funding and implementation of the Youth Justice Strategy 2021 -2027
- creating a criminal offence in respect of adults who groom children into criminality;
Prisons and penal reform:
- Progressing plans to deliver 400 additional prison spaces to provide for 620 additional prisoners.
- Implementing the recommendations contained in the Review of Policy options for Prison and Penal Reform 2022-2024 to ensure appropriate and proportionate use of imprisonment and community sanctions in a manner which best facilitates rehabilitation and reintegration.
- together with the Minister for Health, Deputy Donnelly I published the Health Needs Assessment for the Irish Prison Service in May 2023 - this is the first comprehensive health assessment undertaken for the Irish Prison Service and sets out 60 recommendations for the optimal development of healthcare services in the Prison Service. It is primarily focused on strengthening delivery of IPS Healthcare services across a range of areas and on improving governance in IPS healthcare services.
- Prison Education Taskforce – established in May 2023 and co-Chaired by my Department and the Department of Further and Higher Education, Research, Innovation and Science. The aim of the taskforce is to ensure that education and training opportunities are available to prisoners, supporting their rehabilitation and access to employment post-release.
I have introduced and am committed to enacting significant legislation. Since my appointment the following important reforms have been implemented:
- Enacted Coco’s Law to criminalise distribution of intimate images without consent.
- Enacted the Civil Law Miscellaneous Provisions Act to rebalance the duty of care and increase personal responsibility for trips and falls, in order to lower insurance premiums.
- Enacted the Perjury Bill to establish a statutory criminal offence for perjury as part of our plan to lower insurance premiums.
- Signed an order to bring into the new personal injuries guidelines under the Judicial Council Act.
- Enacted a law to remove reporting restrictions which prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed.
- Enacted measures to introduce pre-trial hearing to ensure that victims are less likely to face stressful unexpected delays and adjournments to trial start dates.
- Enacted a new law on Garda operating model to more front-line Gardaí, increased visibility, and a wider range of policing services for people in their local area.
- Enacted new regulations to provide for legal aid to the families of the 48 victims and new legislation for a revised jury selection process for the Dublin Coroner, in relation to the new inquests into the Stardust fire tragedy.
- Enacted and commenced the Communications (Retention of Data) (Amendment) Act 2022 which will facilitate necessary access to certain communications data to protect national security and tackle serious crime.
- Enacted and commenced the Garda Síochána (Amendment) Act 2022, the legislation has clarified the legal basis of the court presenter system and avoided a potential backlog of cases in District Courts across the State.
- Amended the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) with the (Amendment) Regulations 2023, to provide for the participation in and attendance of authorised officers of the Competition and Consumer Protection Commission (CCPC) at Garda interviews.
- Enacted the Garda Síochána (Compensation) Act 2022 to replace the existing Garda compensation scheme with a new statutory scheme that will reduce the waiting times and costs associated with claims for malicious injury to Gardaí or their family members.
- Enacted the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 on the mutual recognition of custodial sentences, which provides for the transfer of sentenced persons between EU member states. The Act also amends and updates the existing legislation underpinning transfers for non-EU states, including the United Kingdom.
- Enacted the Smuggling of Persons Act on 15 December 2021 to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states.
- Enacted the Recording Devices Bill to provide for Body worn cameras to protect Garda members, Automatic Number Plate Recognition to detect crime and greater use of CCTV.
Other key initiatives include:
- Domestic violence refuge accommodation was brought under the Minister for Justice for the first time and considerable progress has been made to date towards establishing a new DSGBV Agency, which will be up and running in January 2024. The new Agency will commission and fund DSGBV services, put in place national service standards, lead on research and awareness-raising, and coordinate all Government actions set out in the Third National Strategy on Domestic, Sexual and Gender-Based Violence. The Government’s target is to double the number of refuge spaces in the lifetime of the Third National Strategy.
- A once in a generation scheme to regularise the status of long term undocumented migrant was successfully introduced.
- The development of a new Immigration Services Website that is customer orientated with information available in video format and in various languages.
- The report on the International Protection Modernisation Programme for 2023 and 2024 was published. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants seeking international protection. This will give status to those who are entitled to international protection to rebuild their lives here, while also ensuring faster decision making in respect of those who do not meet the criteria.
- Reforms to the international protection process will continue in 2024. Approximately €34m was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.
- The IPO expects to have approximately 400 staff by the end of 2023, an increase of 95% over 2022, and will make approximately 9,000 decisions this year, more than double that made last year. This increase in processing capacity is aimed at ensuring that those in need of protection receive that status without undue delay, while those that do not qualify are advised of this in good time.
- Introduced a new accelerated decision process for applicants from recognised ‘safe countries of origin’ in November 2022. Since its introduction most applicants from safe countries of origin have received a first instance decision in less than 3 months, which is a significant reduction from a norm of 17 to 24 months in previous years. All applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin.
- The processing time for each case is different as case types and circumstances vary considerably. In addition nearly 14% of cases at the IPO this year relate to applicants from designated safe countries of origin. These particular first-instance decisions are made in under three months under an accelerated process. The IPO also works with UNHCR to expedite applications from a number of countries experiencing conflict such as Afghanistan, Syria and Yemen.
- Continue to participate in the negotiation of EU measures related to asylum and migration in particular, the EU Pact on Asylum and Migration.
- Published the Review of Policy options for Prison and Penal Reform 2022-2024 which aims to make Ireland a safer place by ensuring appropriate and proportionate use of imprisonment and community sanctions in a manner which best facilitates rehabilitation and reintegration.
- The Report of the Judicial Planning Working Group was published which recommended a substantial increase in judicial numbers, with 44 additional judges to be appointed in two phases. There is a current legislative provision for 198 judicial posts. These include a first tranche of 24 additional judges, which were approved by Government on 21 February, with a further 20 planned following an assessment of impact of the first tranche of judges. As of 1 November 2023, 22 of the 24 additional judges have been appointed. The remaining two have been nominated and are expected to be appointed in the coming weeks. The Report outlines that the indicators monitored as part of the impact assessment should be capable of capturing improvements in efficiency and effectiveness and have regard to increased caseloads, changing demographics, economic conditions, and the impact of new legislation as well as improvements from the implementation of modernisation measures. The Department is in the process of establishing an implementation programme, to conduct that assessment.
- The Irish Citizenship and Nationality Regulations 2023 were signed into law to allow for applications for naturalisation to be made online for the first time in Ireland.
- The reckonable residence requirement for naturalisation for children born in the State was reduced from 5 years to 3 years under the Courts and Civil Law (Miscellaneous Provisions) Act 2023, thus allowing children born here to obtain citizenship more quickly.
- Ireland opted-into the Regulation establishing a European Union Asylum Agency, and Ireland became a fully-fledged member of the Agency in August 2023.
- I established the Judicial Planning Working Group, which reported to Government in February 2023. It considered the number and type of judges required to ensure the efficient administration of Justice over the next five years in the first instance, but also with a view to the medium to long term. A substantial increase in judicial numbers over the coming years was recommended, starting early in 2023 with a phased approach. In total, it recommended that 44 additional Judges be appointed in two phases. As of 4 December, 22 of the 24 additional Judges part of the first phase have been appointed and the remaining two have been nominated and are expected to be appointed in the coming days. An Implementation Steering Group has been established in June 2023 to monitor the implementation of the report’s other recommendations.
- A new Planning and Environment Division of the High Court has been established. This is in line with the commitment contained in the Programme for Government and the Housing for All strategy and its establishment has involved extensive engagement between my Department, the Courts Service and the Department of Housing, Local Government and Heritage as well as consultation across other Departments.
- Following the approval of additional judicial resources by Government arising from the recommendations of the Judicial Planning Working Group earlier in 2023, the new High Court Division has now three judges assigned to planning matters and proceedings relate to the wide suite of national and European law that applies in respect of planning and the environment. Urgent cases such as proceedings which concern large-scale projects of strategic importance, or matters of significant environmental impact, are to be given priority.
- The ongoing work of the Civil Legal Aid Review Group, which is reviewing the current operation of the Civil Legal Aid Scheme, including how flexible and responsive the Scheme is to the needs of those it is intended to serve. While the work of the Group is ongoing, it has completed a series of consultation processes to inform its detailed deliberations.
- 2023 has seen the first full year of implementation of the Family Justice Strategy. Notable achievements under the Strategy include the completion of the Policy Review on Parental Alienation and the development of a new family law information hub by the Courts Service.