Alan Dillon
Question:13. Deputy Alan Dillon asked the Minister for Justice for an update on the criminal legal aid Bill; and if she will make a statement on the matter. [8379/24]
View answerLegislative Measures
Questions (13)
Written answers
As the Deputy is aware, the Criminal Justice (Legal Aid) Act 1962, is the primary legislation covering the operation of the Criminal Legal Aid Scheme.
Under the Act, it is the courts, through the judiciary, who are responsible for the granting of legal aid. Last July, myself and Minister McEntee published the General Scheme of the Criminal Justice (Legal Aid) Bill 2023 after it was approved by Cabinet. This Bill will modernise the operation of the Criminal Legal Aid Scheme, transferring administrative responsibility from the Department of Justice to the Legal Aid Board and introducing strengthened oversight and governance structures for the Scheme. The Bill will also introduce a number of reforms to safeguard the operation of the Criminal Legal Aid scheme, and to formalise existing procedures and strengthen controls where that is warranted. It will introduce a simple and transparent written or online application system for Criminal Legal Aid, which will be required to be supported by a Statement of Financial Circumstances. The Courts will continue to grant legal aid, as is required under the Constitution and the European Convention on Human Rights, but will be able to impose a condition that the granting of legal aid is subject to a further assessment of income by the Legal Aid Board, where deemed necessary. The Board will be able to make a recommendation that the applicant is of sufficient means to pay some of their legal costs themselves, rather entirely have it paid for by the State. Where appropriate, it can be recommended that some applicants make a contribution to the costs of providing legal aid. It will also be open to the Court to refer a person to the Legal Aid Board for an assessment of income if they fail or refuse to provide information on their financial means.Anyone who knowingly or recklessly makes false or misleading statements in relation to their financial circumstances, or another person’s financial circumstances, will be guilty of an offence that could lead to a €4,000 fine or six month’s imprisonment. It will also be open to the court to amend the terms on which legal aid is granted, for example on objection by the prosecution, or where the person in receipt of legal aid has not co-operated with the court or with the Legal Aid Board. The Scheme was referred to the Justice Oireachtas Committee for pre-legislative scrutiny and the Committees report and recommendations are now being considered.
I would also like to acknowledge the crucial role played in the administration of justice by barristers and solicitors who undertake criminal legal aid work.
Their work ensure that the Constitutional and ECHR rights to the presumption of innocence and to due process are fully respected which limits avenues for appeal or prohibition of the prosecution.
That was why it was a priority to secure a 10% increase in the fees payable to legal professionals under Budget 2024 and we are committed to continuing to engage with all stakeholders as the reforms to the scheme progress.
Closed-Circuit Television Systems
Questions (14)
Alan Dillon
Question:14. Deputy Alan Dillon asked the Minister for Justice for an update on the community-based CCTV system; and if she will make a statement on the matter. [8378/24]
View answerWritten answers
Community safety is a top priority for my Department and everyone has the right to be safe and feel safe in their communities. Community CCTV plays a vital role in achieving this goal.
As the Deputy may be aware, since 2017 my Department has administered a grant-aid scheme supporting groups wishing to establish a community-based CCTV system in their area.
The CCTV grant scheme was extended in 2019 to cover not only new CCTV systems, but to also provide funding for the extension or upgrade of existing CCTV systems which are incomplete or obsolete. Applicants may now also seek a once-off grant of up to €5,000 for minor maintenance costs.
Grants of over €950,000 have been approved to date for 36 Community CCTV schemes. A further €1 million in funding has been made available towards the development of community-based CCTV schemes in 2024. I hope to announce details of how Local Authorities can apply for this funding in the coming weeks.
This level of funding underlines my commitment to working with communities to ensure everyone feels safe.
The legal framework which provides for the operation of community CCTV requires that any proposed scheme must:
• be approved by the local Joint Policing Committee,
• have a data protection impact assessment prepared,
• have the prior support of the relevant local authority, which must act as a joint data controller with An Garda Síochána and a joint data controller agreement must be put in place, and
• have the authorisation of the Garda Commissioner.
The Garda Síochána (Recording Devices) Act 2023, which was signed into law in December last year, will reform CCTV schemes. Under the Act, community groups will have a greater say in keeping their community safe as they will be able to request schemes in their area. In tandem with this, the Act also provides for Garda use of body worn cameras, CCTV and ANPR. As part of Budget 2024's unprecedented allocation to the Garda Vote, €155 million has been allocated for digital capital investment and IT in the Garda organisation.
It is envisaged that the Local Community Safety Partnerships, which will be established under the Policing, Security and Community Safety Act 2024 to replace Joint Policing Committees, will be the appropriate body to request community CCTV schemes in the future. Local residents, Local Authority staff, Councillors and members of An Garda Síochána will all be represented on the Partnerships, and will be best-placed to know how CCTV can be appropriately utilised in their area.
An Garda Síochána
Questions (15)
Aodhán Ó Ríordáin
Question:15. Deputy Aodhán Ó Ríordáin asked the Minister for Justice if the opening of the new divisional headquarters at Northern Cross will result in the closure of Coolock Garda station; and if she will make a statement on the matter. [8219/24]
View answerWritten answers
From the outset I would like to assure the Deputy that the development of a substantial new Garda station and facilities on Dublin City Council lands at the corner of the R139 and the Malahide Road at Northern Cross is considered a strategic priority project by An Garda Síochána, and has the full support of Government.
The Office of Public Works (OPW) are leading on this project and they have advised that there is ongoing and positive engagement between the OPW and Dublin City Council, in consultation with An Garda Síochána, on the development of the site at Northern Cross.
I am also advised that the OPW have undertaken a high level impact study of the site and a detailed brief of requirements is being developed with An Garda Síochána.
In relation to the Coolock Garda Station, it is an important station within the D.M.R. North Division, with the number of Garda members having increased there by 32% since 2015.
As this project remains at an early stage of development, it is not possible to speculate at this stage in relation to the future plans for other stations within the division.
Under the National Development Plan, the Government is committed to investing significant levels of capital funding into An Garda Síochána to deliver a Garda station modernisation and refurbishment programme, to delivering strategic ICT and digitalisation projects, and to providing a modern, fit-for-purpose Garda fleet. This is a core part of the Government’s plan to build stronger, safer communities.
The Northern Cross project and the development of a substantial Garda station including a new divisional headquarters for Dublin Metropolitan Region North, would constitute one of the most significant Garda Building investments in the National Development Plan 2021 – 2030 and I very much look forward to progressing its development.
Drug Dealing
Questions (16)
Aodhán Ó Ríordáin
Question:16. Deputy Aodhán Ó Ríordáin asked the Minister for Justice to provide a breakdown by age of people who have been given a ten-year mandatory sentence for drugs issues over the past decade. [8222/24]
View answerWritten answers
As the Deputy will appreciate, sentencing in any court case is solely a matter for the presiding judge. The Misuse of Drugs Act currently provides for a presumptive minimum sentence of 10 years for the offences of possession of drugs for supply and/or importation of controlled drugs in excess of €13,000 value.
When deciding on the imposition of sentencing to lessen the presumptive minimum, the courts may consider mitigating factors such as if the defendant entered a guilty plea, at what stage a guilty plea was mentioned. and the circumstances in which the indication was given. Whether a person materially assisted in the investigation of the offence can also be taken into account.
I am informed by the Courts Service that in the period from 2014 to the end of 2023, a total of 40 people were given a ten-year mandatory sentence for drugs issues. It should, however, be noted that this does not take account of those who may have been successful in appealing the sentence.
I sought the specific information requested by the Deputy from the Courts Service but unfortunately the Courts Service system is unable to provide a breakdown of convictions by reference to the age of those convicted. It is important to note that these presumptive sentences do not apply to anyone under 18 years of age.
As the Deputy will be aware, the Criminal Justice (Engagement of Children in Criminal Activity) Bill, which is currently in the Seanad, would make it a criminal offence to engage a child in any type of criminal activity.
Finally, a review of the operation of minimum sentences has been conducted and Minister McEntee intends to lay it before the Houses of the Oireachtas shortly.
Domestic Violence
Questions (17)
Matt Carthy
Question:17. Deputy Matt Carthy asked the Minister for Justice for an update on the proposal to establish a domestic violence refuge centre in County Monaghan. [7899/24]
View answerWritten answers
One of the overarching goals of the Zero Tolerance Strategy to address domestic, sexual and gender based violence (DSGBV), is ensuring that everyone who needs a refuge space will get one, and Government has committed to working with the sector to double the number of refuge spaces over the lifetime of the strategy, bringing it to 280 by the end of 2026.
The Government agreed to immediately prioritise the delivery of 98 family refuge spaces. This followed the Tusla review of accommodation services for victims of domestic, sexual and gender-based violence and a further analysis undertaken by my Department. This includes 8 spaces in Cavan/Monaghan.
In the initial phase of this work, it is expected that 36 places will have been delivered in Wexford, Dundalk and Navan by end-2024. The developments in the other priority locations are currently mainly focused on establishing local stakeholders and lead organisations and on site selection.
To assist the progression of projects, an interdepartmental group has developed and has progressed agreed processes and approaches to ensure that the highest standard of refuge accommodation can be delivered in the most efficient way.
This has already resulted in a more streamlined process for capital funding applications for new refuges and supports for applicant groups from the Housing Agency in relation to public procurement processes.
By introducing these new supports and more efficient processes for local organisations to undertake these projects, I intend to accelerate the delivery of additional places year on year.
As the Deputy is aware, Cuan, the statutory Domestic, Sexual and Gender-based Violence Agency has now been established. It will bring a dedicated focus to this important area of work and will continue engaging with the relevant specialist DSGBV organisations in Co. Monaghan in order to advance the development of the much needed domestic violence refuge there.
Substance Misuse
Questions (18)
Gino Kenny
Question:18. Deputy Gino Kenny asked the Minister for Justice if she will provide a regional breakdown of where charges for possession of a controlled drug for personal use have been issued in the past five years, in tabular form; and if she will make a statement on the matter. [8325/24]
View answerWritten answers
As the Deputy is aware, the Government’s approach to the misuse of drugs is set out in Ireland’s National Drug Strategy, ‘Reducing Harm, Supporting Recovery’.
This is a health-led approach to drug and alcohol use in Ireland, and it represents a whole-of-Government response to reduce demand and associated harms. The Government is also committed to limiting access to illegal drugs to the greatest extent possible.
I can assure the Deputy that tackling drug dealing and associated criminal activity, including by organised crime groups and those who fuel this very harmful and illegal 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. This is reflected in the unprecedented allocation of €2.35 billion in Budget 2024. The significant increase in resources in recent years has allowed the Garda Commissioner to increase the number of Gardaí assigned to specialist drugs units by almost 47% since the end of December 2018.
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 Garda National Drugs and Organised Crime Bureau (GNDOCB), the National Bureau of Criminal Investigation, the Armed Support Unit and the Criminal Assets Bureau (CAB).
Since 2015 up to the end of 2022, over €345m in drugs have been sized by the Gardaí. Since then there have been a number of high-profile, high value seizures. Just last week, following a joint operation at Cork Port between An Garda Síochána and Revenue’s Customs Service, Gardaí along with Revenue Officers seized 546kg of a synthetic drug, with an estimated value of €32.8 million. In the same week Gardaí also arrested a man following a seizure of drugs worth over €6.4 million at Rosslare Europort by Revenue Officers. The detention of the MV Matthew in Cork last year saw the seizure of approximately €157 million worth of drugs, dealing a major blow to criminal enterprises. These seizures, and many smaller ones that do not make the headlines, demonstrates the excellent work of Cork Gardaí and their partner agencies at disrupting the supply of drugs into the country.
The GNDOCB has lead responsibility in tackling all forms of drug trafficking and the supply of illicit drugs in Ireland and is supported by Divisional Drugs Units, which tackle drug related crime on a local basis throughout the country. I am further informed that Divisional Drug Units are now established in every Garda Division.
I am informed by Garda authorities that charges for possession of a controlled drug for personal use has risen in 2023 in three of the four Garda regions since 2019.
I am further advised that in this time charges for this offence have risen from 2,789 to 4,295 in the Dublin Region, from 967 to 1,685 in the Eastern Region, and from 872 to 1,123 in the Southern Region. When compared with 2019, there has been no increase for this offence in the North Western Region in 2023.
While I am concerned to see this increase, it is important to note that an individual may be charged multiple times for the same offence during a given year. We must also recognise that it also reflects the increased Garda numbers on frontline policing duties and the concentrated work of the Garda National Drugs and Organised Crime Bureau.
I am advised that this is operational data taken from PULSE on 16 February 2024 and is liable to change. It should also be noted that this data captures charges, rather than unique individuals.
|
Garda Region |
2019 |
2020 |
2021 |
2022 |
2023 |
% Variance 2019 & 2023 |
|
Dublin Region |
2789 |
3526 |
3093 |
3268 |
4295 |
54.00% |
|
Eastern Region |
967 |
1352 |
1576 |
1403 |
1685 |
74.25% |
|
North Western Region |
621 |
722 |
689 |
587 |
621 |
0.00% |
|
Southern Region |
872 |
944 |
1265 |
1110 |
1123 |
28.78% |
Work Permits
Questions (19)
Mairéad Farrell
Question:19. Deputy Mairéad Farrell asked the Minister for Justice if her attention has been drawn to the discrepancy in treatment of doctors who transitioned from stamp 1 permits to stamp 4 permits prior to the introduction of the stamp 1H permit, where those who have a stamp 1H permit can then get a two-year stamp 4 permit and those who previously had a stamp 1 permit must renew their stamp 4 permit on an annual basis; if she intends to address this discrepancy; and if she will make a statement on the matter. [8151/24]
View answerWritten answers
In 2022, the Department of Enterprise, Trade and Employment, the Department of Health and my Department introduced changes to the working arrangements and immigration permissions for non-consultant hospital doctors (NCHD). These changes were intended to be beneficial to doctors who require such permissions and who have made an enormous contribution to the Irish health service.
The Department of Enterprise, Trade and Employment introduced a new “Multi-Site General Employment Permit” for NCHDs working with HSE group hospitals. While these permits issue as General Employment Permits, the immigration conditions attached are the same as Critical Skills Employment Permit holders and are applicable to the applicant and qualifying spouses/family members.
In September 2022, in response to the changes introduced by the Department of Enterprise, Trade and Employment, my Department created a new Stamp 1H category to be noted on the applicant’s Irish Residence Permit (IRP) card, making candidates eligible for a Stamp 4 where they have been registered for a minimum of 21 months. Prior to this, and while necessary system upgrades were put in place to allow for the issuance of a new Stamp 1H, the Department of Enterprise, Trade and Employment maintained a list of qualifying doctors due to have a Stamp 1 upgraded to a Stamp 1H.
These lists were received and processed in full by my Department up to December 2022 with all of the notified listed NCHDs issued an updated Stamp 1H IRP card without a requirement to submit an application for same to my Department.
Since September 2022, all NCHDs applying for a 1st-time registration or renewal of a residence permission, and who have a Multi-Site General Employment permit from the Department of Enterprise, Trade and Employment, are issued with a Stamp 1H.
A Stamp 1H applicant moving to Stamp 4 has the same conditions as a Critical Skills Employment Permit (CSEP) holder and will be granted a 2 year validity period. Their spouses may be granted a Stamp 1G immigration permission for 1 year at a time.
Although my Department has not been directly notified of discrepancies in the application of this process, a renewed clarification on the policy has issued to all case processing officers. If the Deputy wishes to bring any particular case to my attention, I will have it examined.
An Garda Síochána
Questions (20)
Brendan Griffin
Question:20. Deputy Brendan Griffin asked the Minister for Justice the up-to-date position on the most recent Garda recruitment drive; the age and gender demographic breakdown of new applicants; and if she will make a statement on the matter. [8311/24]
View answerWritten answers
In 2024, I have provided a budget allocation of over €2.35 billion to An Garda Síochána. This is a 25% increase on 2020 and will allow for the sustained recruitment of between 800 to 1,000 new Garda recruits in 2024.
At the end of December last, there were just under 14,000 Gardaí. While this reflects a decrease over the course of the pandemic, it represents an increase of around 9% since 2015 when there were 12,816 Gardaí throughout the country.
The number of recruits in the Garda training college continue to increase; a total of 746 trainees entered the training college in 2023. This is the highest intake in any year since 2018.
As the Deputy will be aware, for the third year running, a new Garda recruitment competition was run in 2024 - from 15 January to 8 February.
I am delighted to note that almost 6,400 applications were received, 32% of whom were women. Almost 40% of applicants for the 2024 competition were over 35.
It is particularly positive that the number of women applying to join An Garda Síochána remains high and the total percentage of female Gardaí stands at over 28%, which I am advised is above the European average. Work is ongoing to encourage and support a range of diversity across the whole Garda workforce.
The number of applicants is a significant increase on the just under 5,000 people who applied last year. This very welcome level of interest follows the changes I made last year to increase the maximum age of entry to 50 and boosting the training allowance by 66% to €305 per week.
I would strongly encourage these prospective recruits to start their preparation now for the further stages of the competition which will follow on in the coming weeks - aptitude testing, competency based interviews, followed by physical competency and medical tests. There are useful resources to assist applicants on the Garda website.
I can advise the Deputy that there are currently three classes in training in the Garda College, having entered in 2023. These trainees are expected to attest in March, June and September of this year. Four further intakes are planned for April, July, September and December of this year.
This year’s classes have a target of 200 - 250 for each intake. Based on last year’s recruitment intakes, the total number of attestations in 2024 is likely to be between 600 and 700 increasing to between 800 and 1,000 in 2025.
The Garda Commissioner and I both fully recognise that policing often difficult and challenging work, but also very rewarding work. I am sure the Deputy will agree it is not for everyone but it is very much a job worth doing.
I have been absolutely committed to providing An Garda Síochána with the resources needed to make sure communities around Ireland are safe and feel safe.
Coroners Service
Questions (21)
Marian Harkin
Question:21. Deputy Marian Harkin asked the Minister for Justice in the recent Coroners (Amendment) Bill 2024, what is her rationale for proposing a change of employment status for coroners to designate them as civil servants; and if she will make a statement on the matter. [8270/24]
View answerWritten answers
The Coroners (Amendment) Act 2024, which the President signed into law on 16 February, is intended to ensure continuity of coroner services in the Dublin district. The Dublin district had been operating on the basis of temporary provisions not suited to the needs of a bust office or the development of a high quality service into the future. More broadly, I am committed to bringing proposals to Government in relation to overall reform of the coroner service later this year. Section 2 of the Act provides that the Minister for Justice, with the consent of the Minister for Public Expenditure, NDP Delivery and Reform, stipulates the terms and conditions under which appointments of coroners for the Dublin district will be made. This section further provides for coroners in the Dublin district to be appointed as civil servants of the State.
The decision to classify coroners as civil servants facilitates and regularises appropriate pay and pensions provisions for these important roles. This will provide a sustainable and efficient basis for these appointments as the service modernises over the coming years.
Officials in my Department worked closely with officials in the Office of the Attorney General to ensure that the appointment of coroners as civil servants of the State would not impinge on the independent role of the coroner under the Coroners Act 1962. I am satisfied that the designation of a coroner as a “Civil Servant of the State” is not inconsistent with the independent nature of the office. I can assure that Deputy that there is no intention to undermine the independence of the role in this Act, or indeed as part of the wider reform programme.
Departmental Investigations
Questions (22)
Matt Carthy
Question:22. Deputy Matt Carthy asked the Minister for Justice if she will establish an independent inquiry into the death of a person (details supplied) as mandated by resolutions of Dáil and Seanad Éireann. [7900/24]
View answerWritten answers
The sudden loss of Shane O'Farrell at such a young age, with his whole life ahead of him is a desperate tragedy for all those who knew and loved him and one, which will always be an immense source of grief in their lives.
The report of Judge Gerard Haughton arising from the Scoping Exercise into the circumstances surrounding the death of Shane O'Farrell, aged 23 in August 2011 was published on 3rd July 2023. The Judge was appointed by my predecessor 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.
The work of the Judge has resulted in a thorough and comprehensive 416 page report. The main conclusion in the report is 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. The Judge 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.
The Report was considered by the Attorney General, whose advice was sought prior to publication. The report was then brought to Government in April 2023 and published in July 2023.
As the Deputy is aware, time was provided to members of both Houses to make statements on the Final Report of the Independent Scoping Exercise into the Circumstances Surrounding the Death of Mr. Shane O'Farrell on 17th October.
Legislative Reviews
Questions (23)
Catherine Connolly
Question:23. Deputy Catherine Connolly asked the Minister for Justice further to Parliamentary Question No. 78 of 12 December 2023, the status of the independent review of part 4 of the Criminal Law (Sexual Offences) Act 2017; the status of the recruitment process to replace the individual who had previously been engaged to carry out the study; if the new person has been appointed; the timeline for the completion of the review; the timeline for the publication of the final report; and if she will make a statement on the matter. [8202/24]
View answerWritten answers
I acknowledge the Deputy’s ongoing interest in this work.
It is generally recognised that prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and that many people are forced into prostitution through trafficking, drug addiction, homelessness and poverty. A key purpose for the 2017 Sexual Offences Act was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking. It allows 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. Part 4 of the Sexual Offences Act 2017 introduced two new offences - paying for sexual activity with a prostitute and paying for sexual activity with a trafficked person. It also removed those who offer their services as a prostitute from the existing offences of soliciting for the purpose of prostitution and increased the penalty provided for in section 11 of the Criminal Law (Sexual Offences) Act 1993 for brothel keeping. Section 27 of the 2017 Act provides for a review of Part 4 of the Act 3 years after its commencement. Given that the goal of the legislation is to protect vulnerable persons, the review will include consideration of whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment. As the Deputy is aware, my Department commissioned an independent consultant to undertake the statutory review of Part 4 of the Act but, due to a number of reasons, it was not possible for the review to be completed within the desired timeframe.
Expressions of interest for a new Study lead to complete the Part 4 review of the Criminal Law (Sexual Offences) Act, 2017 were sought and following the closing date for receipt of applications, all options for concluding this work were considered. On foot of those considerations, and in view of the research already undertaken and the work done compiling and analysing the submissions received, all of which have been made available to my Department, I have decided that the most efficient way to complete the review is for the Data and Research Unit in my department to draft the report using the material provided. I believe this approach will ensure the review is completed without any further undue delay and I expect it will be completed by Q3 of this year.
Legal Services Regulation
Questions (24)
Patrick Costello
Question:24. Deputy Patrick Costello asked the Minister for Justice how her Department plans to address the growing risk of legal deserts in counties with no or single digit trainee solicitors; and if she will make a statement on the matter. [8309/24]
View answerWritten answers
As the Deputy may be aware, the training and education of the solicitor profession is the statutory function of the Law Society of Ireland under the Solicitors Acts 1954 to 2008. I have no role in that process.
I am, however, aware that the number of solicitors in Ireland has grown significantly in recent years with 23,323 solicitors on the Roll of Solicitors maintained by the Law Society in 2022 and that of that number, 11,652 held practising certificates at the end of December 2022 compared to 9,668 in 2015. Indeed, I understand that in May 2022, the Law Society recorded its largest intake of trainee solicitors since 2008.
The market for legal services is demand led and the key role to be played by the regulator and regulatory legislation is to ensure that any barriers to entry are eliminated to the greatest extent possible, so that the supply of services can meet that demand at least cost to consumers and on as widespread a basis as required.
I am keen to ensure equity of access and entry into the legal professions and greater diversity within the professions, which will also assist in making legal services more accessible.
The Legal Services Regulatory Authority (LSRA), an independent body under the aegis of my Department, has undertaken a significant amount of work in examining the education and training of solicitors and barristers in the state. On my request, the Authority undertook a statutory report Setting Standards - Legal Professional Education and Training which was published in September 2020.
Following on from this, I requested a further report from the Authority on the economic and other barriers that are faced by young barristers and solicitors following their professional qualification. I asked that the Authority pay particular attention to equity of access and entry to the legal professions, and the objective of achieving greater diversity within the professions. I also sought recommendations in relation to changes that could effectively reform the present system.
The LSRA submitted a report to me last month in accordance with Section 34(1) of the Legal Services Regulation Act 2015 and as soon as. I have considered the report, it will be published and laid before the Houses of the Oireachtas.
I will continue to work closely with the Authority and other stakeholders on widening professional legal education provision. I am keen to ensure that the provision of professional legal education is competitive, meets the needs of our economy and society, and provides a viable, affordable pathway into the professions for all who wish to pursue such a course.
Widening access to dispute resolution in Ireland, including legal services, is a priority for me as Minister for Justice. The ongoing review of the Civil Legal Aid Scheme is assessing how flexible and responsive the Scheme is to those who need it, including in relation to financial eligibility. I look forward to receiving the final report and considering the recommendations of this review to improve accessibility on a national basis.
An Garda Síochána
Questions (25)
Darren O'Rourke
Question:25. Deputy Darren O'Rourke asked the Minister for Justice to provide a breakdown on the number of Garda officers, by rank, attached to all Meath East Garda stations in 2020, 2021, 2022 and 2023, in tabular form; the number of Garda officers who retired from Meath East Garda stations in 2020, 2021, 2022 and 2023, in tabular form; and if she will make a statement on the matter. [8340/24]
View answerWritten answers
The Government is committed to ensuring that An Garda Síochána has the resources it needs to fight crime. An Garda Síochána has been allocated unprecedented funding of over €2.35 billion for 2024, a 25% increase since 2020 allowing for the continued recruitment of Garda members and staff.
As the Deputy is aware, it is the responsibility of Garda management to manage and keep under review the distribution of resources in the context of crime trends and policing priorities.
Since the reopening of the Garda College in 2014, a total of 157 new recruits have been assigned to Meath Division; 21 of those were assigned in 2023, including 11 to East Meath. This has contributed to the number of Gardaí in the East Meath district of Ashbourne growing by almost 15% since 2015, higher than the national increase of 9% for the same period. A further Garda attestation is scheduled to take place on 22 March.
At the end of December this year there were 118 Garda members assigned to the Ashbourne District, including 98 Gardaí, 16 Sergeants, 3 Inspectors and 1 Superintendent. In addition, there is a total of 9 Garda staff assigned to the Ashbourne District, which represents a significant increase since 2015 when there were 5.
I am pleased to note that since 2020, 65 newly attested Gardaí have been assigned to Meath, as compared to 46 Gardaí who have retired from the Meath Division in the same period. It is not the practice to report these numbers by District, in order to ensure that individuals cannot be identified.
I am grateful to all of these women and men who give exceptional service to the community.
Question No. 26 answered with Question No. 11.
State Pardons
Questions (27)
Brendan Griffin
Question:27. 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. [8310/24]
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.
An internal review within the Department with regard to the application has been completed 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 has been considered, with a view to bringing it to Cabinet in the coming weeks, for decision.
Legislative Programme
Questions (28)
Rose Conway-Walsh
Question:28. Deputy Rose Conway-Walsh asked the Minister for Justice if she will provide an update on the legislative programme. [3499/24]
View answerWritten answers
The Government Legislation Programme for the Spring 2024 Session was published on 16 January. As set out in the Legislation Programme, my Department has five priority Bills for publication as follows:
Garda Síochána (Powers) Bill. This Bill will codify certain police powers and procedural rights of suspects. It aims to rationalise and modernise those powers to take account of developments in modern technology thereby providing greater clarity and transparency. On foot of two Supreme Court rulings, the Search Warrant portion of the Bill has been expedited, while other sections will follow in due course. Drafting of the Bill is continuing.
Garda Síochána (Recording Devices) (Amendment) Bill – Will provide for the retrospective searching of images which are legally held or can be legally accessed by An Garda Síochána through the safe and ethical use of biometric identification (commonly referred to as facial recognition technology). Under the Bill, biometric identification will be utilised in limited circumstances and only in relation to specific serious offences which are subject to a penalty on conviction of up to life imprisonment. The General Scheme of this Bill was approved by Government on 12th December 2023. A drafter was assigned by Office of the Parliamentary Council on 15th December 2023. Pre-legislative scrutiny took place on 13 February 2024 and involved a large number of submissions. Drafting of the bill is continuing.
Coroners (Amendment) Bill - To ensure that a sufficient number of Coroners can continue to operate in the Dublin District and ensure that additional temporary Coroners can be appointed to other districts if required and to provide for salaried Coroners in the Dublin District. This Bill has completed it's passage through the Oireachtas, and has been sent to the President for his signature.
Defamation (Amendment) Bill - To update aspects of defamation law, following statutory review of the Defamation Act 2009. Drafting of the Bill is ongoing with a view to its publication during the current Dáil Session.
Intoxicating Liquor Bill 2024 - Condensed Bill to introduce certain key reforms from the Sale of Alcohol Bill 2022. Drafting is at an advanced stage and it is intended to publish the bill in the coming weeks.
My Department has two priority Bills for drafting as follows:
Inspection of Places of Detention Bill - To provide for the inspection of all places of detention within the Justice sector. These include prisons, detention facilities in Garda stations and court holding cells. The Bill also provides for the appointment and functions of the Chief Inspector of Places of Detention which will expand the existing statutory role of the Inspector of Prisons. Enactment of the legislation will enable ratification of Optional Protocol to the UN Convention against Torture (OPCAT). Pre-Legislative Scrutiny took place on 18 October 2022 and the report on PLS was published on 8 March 2023.
Proceeds of Crime (Amendment) Bill - The purpose of the Bill is to strengthen the State’s ability to target the proceeds of crime. Ongoing review of the operation of the civil forfeiture regime in Ireland (grounded in the Proceeds of Crime Act 1996) has identified a number of areas of improvement and the Bill will propose refinements to the regime informed by legal and operational developments. The General Scheme for this Bill was approved on 18 January 2024 and it was referred for Pre-Legislative Scrutiny on 25 January.
In addition, my Department is continuing to progress the following legislation:
Family Courts Bill 2022 - Provides for the establishment of a Family High Court, Family Circuit Court and Family District Court. I am working to bring the important Family Courts Bill 2022 through the Houses this year. This Bill will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system.
European Arrest Warrant Act (EAW) (Amendment) Bill 2022 - This Bill amends existing European Arrest Warrant and Extradition legislation to give effect to proposals made by a working group aimed at improving the operation of this legislation. Final stages in the Dáil were completed on 22 June 2022. Second Stage in the Seanad was completed on 25 October 2022. Committee Stage in the Seanad is scheduled for 22 February 2024.
Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 - Provides for amendments to sexual offences legislation arising from the recommendations of the O'Malley review and of the Law Reform Commission. It will place the proposed new National Referral Mechanism for Human Trafficking on a statutory footing. Committee Stage in the Dáil was completed on 14 November 2023.
Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023 - Aims to criminalise adults who induce or groom children into committing offences. The final stages in the Dáil were completed on 6 December 2023. Second stage in the Seanad was completed on 31 January 2024.
Criminal Justice (Incitement to Hatred or Violence and Hate Offences) Bill 2022 - Provides for new, aggravated forms of certain criminal offences where they are motivated by hatred. It also repeals and replaces the offences in the 1989 Prohibition of Incitement to Hatred Act. The final stages in the Dáil were completed on 26 April 2023 and second Stage in the Seanad took place on 13th and 21st June 2023.
Court Proceedings (Delays) Bill 2023 - Provides for statutory compensation for breach of Article 6 of the European Convention on Human Rights - the right to a fair trial within a reasonable time. Dáil Committee stage was completed on 5 December 2023. Dáil Report Stage is set for 21 February 2024.
Civil Reform Bill - To give effect to recommendations arising from the Review of the Administration of Civil Justice (Kelly Review) which includes recommendations on the reform of civil procedures including those in relation to discovery, judicial review and court processes. Drafting of a General Scheme is currently underway and it is expected that approval to draft, will be sought this year.
Criminal Justice (Legal Aid) Bill - To update and strengthen the system of granting of criminal legal aid and to transfer the responsibility for the administration of the main scheme and ad-hoc schemes to the Legal Aid Board. The current position is that the Bill is at the drafting stage with the General Scheme of the Bill having been referred for drafting on 13 July 2023.
Personal Insolvency (Amendment) (no. 2) Bill - To update aspects of personal insolvency legislation, following statutory review of Personal Insolvency Acts. Work is underway and drafting of General Scheme will commence after the publication of the Report.
Finally, and as the Deputy may be aware, the Policing, Security and Community Safety Act 2024 was passed by both houses of the Oireachtas and was signed into law by the president on 7 February 2024. This Act provides for a modern and coherent governance and oversight framework for policing in Ireland, provides a strategic framework at national and local level to enhance community safety, and strengthens oversight of security legislation.
Prison Service
Questions (29)
Éamon Ó Cuív
Question:29. Deputy Éamon Ó Cuív asked the Minister for Justice the number of prisoners sleeping on mattresses in the prison system at present; the number of prisoners sleeping more than one to a cell; and if she will make a statement on the matter. [7784/24]
View answerWritten answers
As the Deputy will be aware, the Irish Prison Service does not have the option of refusing committals and must accept all people committed by the courts and the prison system is under increasing pressure.
On 16 February 2024, there were 4,783 prisoners in custody, of whom 122 were accommodated on mattresses on cell floors.
While the provision of single cell accommodation is not something that can be guaranteed due to present levels of committals, it is important to note that some people are accommodated in dedicated multi-occupancy cells for reasons other than capacity.
In such cases an assessment is carried out to ensure they are suitable for sharing a cell.
Data from the last Cell Occupancy Census carried out by the Irish Prison Service, published in October 2023, indicates that 2,004 (43%) of people in custody were accommodated in single cell accommodation, while 2,614 (57%) were sharing .
I can advise the Deputy that the Irish Prison Service and my Department are committed to providing safe and secure custody for all people committed to prison while ensuring a safe working environment for staff.
Officials in the Irish Prison Service and the Department are continuously working to identify short, medium and longer term proposals to help manage the current capacity issues in our prisons.
An Garda Síochána
Questions (30)
Pauline Tully
Question:30. Deputy Pauline Tully asked the Minister for Justice if she has plans to resource An Garda Síochána to enable adequate recruitment levels; and if she will make a statement on the matter. [8381/24]
View answerWritten answers
At the outset I would like to assure the Deputy that I have been absolutely committed to providing An Garda Síochána with the resources need to make sure communities around Ireland are safe and feel safe.
In 2024, I have provided a budget allocation of over €2.35 billion to An Garda Síochána. This is a 25% increase since 2020 and will allow for the sustained recruitment of between 800 to 1,000 new Garda recruits this year.
At the end of December last, there were just under 14,000 Gardaí. This represents an increase of around 9% since 2015 when there were 12,816 Gardaí throughout the country.
The number of recruits in the Garda training college continue to increase. A total of 746 trainees entered the training college in 2023; the highest intake in any year since 2018. As the Deputy knows, the Garda College was closed to new recruits during Covid and it is only since the pandemic restrictions were lifted that recruitment has resumed. It is that, and not any lack of resources, that has delayed the Government in reaching its target of 15,000 gardaí.
As the Deputy will also be aware, for the third year running, a new Garda recruitment competition was run in 2024 - from 15 January to 8 February. I am delighted to report that just under 6,400 applications were received, 32% of whom were women. Almost 40% of applicants for the 2024 competition were over 35.
It is particularly positive that the number of women applying to join An Garda Síochána remains high and the total percentage of female Gardaí stands at over 28%, which I am advised is above the European average. Work is ongoing to encourage and support a range of diversity across the whole Garda workforce.
The number of applicants is a significant almost 30% increase on the approximately 5,000 who applied last year, with 40% of applicants over 35. This very welcome level of interest follows the changes I made last year to raise the maximum age of entry to 50 and increase the training allowance by 66% to €305 per week.
I would strongly encourage these prospective recruits to start their preparation now for the further stages of the competition which will follow on in the coming weeks - aptitude testing, competency based interviews, followed by physical competency and medical tests. There are useful resources to assist applicants on the Garda website.
I can advise the Deputy that there are currently three classes in training in the Garda College, having entered in 2023. These trainees are expected to attest in March, June and September of this year. Four further intakes are planned for April, July, September and December of this year.
This year’s classes have a target of 200 - 250 for each intake. Based on last year’s recruitment intakes, the total number of attestations in 2024 is likely to be between 600 and 700 increasing to between 800 and 1,000 in 2025.
The Garda Commissioner and I both fully recognise that policing often difficult and challenging work, but also very rewarding work. I am sure the Deputy will agree it is not for everyone but it is very much a job worth doing.
Departmental Policies
Questions (31)
Colm Burke
Question:31. Deputy Colm Burke asked the Minister for Justice what action her Department is taking to improve access to alternative dispute resolution mechanisms, such as mediation and arbitration, as a means of resolving legal disputes outside of the courts system; and if she will make a statement on the matter. [8272/24]
View answerWritten answers
The formation of a Mediation Council of Ireland is a component of the Mediation Act 2017 and the overall development of mediation throughout Ireland. The Council will play an important role in promoting public awareness of mediation, maintaining and developing mediation standards – including continuous professional development – and establishing a national register of mediators.
My Department is currently working with the mediation sector to support their work on its establishment. To that end, a plenary meeting with all mediation sector representatives has been scheduled for today, Thursday 22 February, and senior officials from my Department will be in attendance.
The Deputy will also be aware that I published the Family Justice Strategy in November 2022. The Strategy sets out the vision for a coordinated, consistent and user-focused family justice system, which helps children and families obtain earlier, appropriate resolutions in a simpler, fairer, and more effective way. It aims to achieve this through the implementation of over 50 actions across nine goals.
Goal 4 of the Strategy aims to promote more co-operative, less adversarial ways for individuals, children and families to try to resolve disputes. This goal contains a number of actions relating to the role of mediation in family justice.
The Courts Service has, as part of its family justice work, provided information on the potential use of mediation in family law on its new Family Law Information Hub. It also signposts mediation on guardianship, custody, access and maintenance court forms.
In addition, under this Goal the Legal Aid Board has provided training to its staff and those of the Courts Service to inform members of the public on mediation and the services available. It has also commenced a private panel of family mediators to supplement the work of the Family Mediation Service.
In 2022, the Legal Aid Board introduced an Advanced Family Mediation Trainee Programme to train mediators to work in the family mediation area and to meet the current eligibility criteria to apply for a position as a family mediator in the Legal Aid Board. Entry to the training was via a recruitment competition, which was advertised nationwide. Nine trainees completed this programme in 2023.
Part of the Family Justice Strategy and a key element of the programme of family justice reforms, is the establishment of a family court as divisions within the existing court structures. This is set out in the Family Courts Bill 2022. The Bill completed Second Stage in the Seanad in 2023.
The Bill provides a set of guiding principles aimed at ensuring that the family court system and family law proceedings will operate in an efficient and user-friendly manner. Key among the guiding principles is encouraging and facilitating, as far as possible, the resolution of issues in dispute by means of alternative resolution methods, such as mediation.
The courts, legal practitioners and parties to family law proceedings will be required to have regard to these principles in the conduct of family law proceedings.
Departmental Policies
Questions (32)
Richard Bruton
Question:32. Deputy Richard Bruton asked the Minister for Justice how it is intended to phase in the new community safety plans; and if she will make a statement on the matter. [8347/24]
View answerWritten answers
At the outset I would like to assure the Deputy that community safety is a top priority for me as Minister and this Government as a whole. The Department's community safety policy is about people being safe and, importantly, feeling safe in their own community. This whole-of-government approach aims to bring together the relevant social services providers, including the Gardaí, to work together with the community and local business leaders in Local Community Safety Partnerships so that they can focus on the matters of concern identified by the local community in which they are operating.
Local Community Safety Partnerships are provided for in Part 3 of the Policing, Security and Community Safety Act 2024, which was signed into law on 7 February 2024. The Act includes a number of provisions relating to the Community Safety Plans.
Each Local Community Safety Partnership will develop and implement a Community Safety Plan, on a 3 year basis, tailored to the community’s needs. Each Partnership will take a strategic approach to their work so that issues arising can be dealt with in a coordinated manner, addressed collectively by relevant service providers in partnership with the community.
Community Safety Plans will be developed with clear targets, which assign responsibility to the relevant service provider. There are significant benefits to the involvement of relevant agencies in developing a community safety plan in each local authority area. It will allow each partnership to deal with issues of community safety which are not strictly within the criminal justice system (e.g. drug misuse, youth services, public lighting, integration and diversity issues).
The Community Safety Plan will be a matter for each Partnership once established. In order to inform the development of its Plan, each Partnership will be required to undertake public consultation for the purpose of identifying local community safety objectives and priorities. The National Office for Community Safety will support the Partnerships in terms of training, guidance and assistance in formulating Local Community Safety Strategies and Action Plans.
The Community Safety Plans will be monitored and reviewed on an ongoing basis. Under the Policing, Security and Community Safety Act 2024, the National Office for Community Safety will be responsible for monitoring the implementation of local community safety plans. The Partnerships will undertake a review of the Plan at least once within its lifecycle, after which the Plan can be amended as appropriate.
The Deputy will be aware that pilot partnerships have been in operation for the last two years, in Longford, Waterford and Dublin North Inner City. All three pilots have now published their respective Community Safety Plans and implementation of specific actions is underway. An independent evaluation has been conducted since the pilot partnerships commenced, and the final report of the evaluation is almost complete. The findings of the evaluation will then be used to inform the national roll-out of Local Community Safety Partnerships and will inform guidance to be developed by the National Office in terms of best practice in the development and implementation of Community Safety Plans.
In 2024, I provided funding of €7.9 million for the creation of a new National Office for Community Safety and to roll out Local Community Safety Partnerships nationwide. This also includes €3.75 million for the Community Safety Innovation Fund, where the proceeds of crime seized by the Criminal Assets Bureau (CAB) are reinvested in projects to benefit local communities across Ireland.