Charles Flanagan
Ceist:1 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the steps he proposes to take to address the ever increasing availability of narcotics here. [34765/07]
Priority Questions.
Crime Prevention.
Pat Rabbitte
Ceist:2 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the steps he will take to restrict the supply of cocaine in view of evidence of its growing use in society here and the toll it is taking in terms of deaths of users and the role it plays in financing criminal gangs; and if he will make a statement on the matter. [34647/07]
I propose to take Questions Nos. 1 and 2 together.
I apologise to Members for the absence of the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, whose mother-in-law died and is being buried today. For that reason, I am taking these questions in his stead.
An adequate replacement.
I thank the Deputy. I hope this will be the tenor in which the afternoon will proceed.
"Adequate" is effusive praise.
The tragic events in recent weeks have once again demonstrated the dangers associated with drug misuse in a stark and public way. The problem is a complex and difficult one for which there is no quick fix or easy solution. The changing nature of drug use, specifically the emergence of cocaine and polydrug use in recent years, presents significant challenges for everyone involved in trying to tackle the problem. We will continue to facilitate and support agreed international responses to the issue while pursuing our own goals throughthe policy framework of the national drugs strategy.
I acknowledge the considerable contribution made by my constituency colleague, Deputy Rabbitte, while he was a Minister of State through his work with the ministerial task force on measures to reduce the demand for drugs, which laid the foundation for the development of our current strategy. As the House will appreciate, the Department of Community, Rural and Gaeltacht Affairs, under the stewardship of the Minister of State, Deputy Pat Carey, is the lead Department in co-ordinating the implementation of the strategy. The process of drawing up a new strategy to which my Department and the Garda will contribute fully is under way.
One of the Garda's primary functions is to reduce the supply of illegal drugs of all kinds. While much of the public attention in recent days has naturally centred on cocaine, the Garda must tackle illegal drugs of all kinds. The value of drugs seized demonstrates how active the Garda is in this regard. The most recent figures for this year show that more than €22 million worth of heroin, approximately €13 million worth of cannabis and nearly €3 million worth of ecstasy tablets have been seized. Including the cocaine at Dunlough Bay in Cork last July, more than €117 million worth of cocaine has been seized this year. While it may be argued that the find in Cork was to some extent fortuitous, nevertheless a substantial Garda operation was initiated to bring those involved to justice. These drugs seizures are evidence of the scale of the drug problem, but they are also an indication of the amount of work being done to try to reduce the supply ofdrugs.
Under the national strategy, the Garda Síochána will continue to pursue its strategies to restrict the supply of all illegal drugs in this jurisdiction vigorously. The Garda National Drugs Unit will continue to co-ordinate large-scale operations against drug dealing or trafficking, with unit personnel investigating cases and assisting local investigation teams as appropriate. Additional assistance will continue to be made available from other specialised Garda support units such as the National Bureau of Criminal Investigation, the Bureau of Fraud Investigation and the Criminal Assets Bureau. The new Garda Commissioner, Fachtna Murphy, has made clear the priority the Garda gives to the drugs problem and he is reviewing with his people on the ground their strategies for addressing this issue.
Of particular relevance in tackling the supply of cocaine to this jurisdiction is the recent establishment of the Maritime Analysis and Operations Centre in Lisbon. This centre, of which Ireland is a founding member, will focus on exchanging intelligence leading to the detection of large maritime and aviation drug shipments. It will focus particularly on the trafficking of cocaine from South and Latin America.
The Government will continue to ensure that the Garda has sufficient resources to tackle the problem and the policing priorities for the Garda Síochána, which the Minister set recently under the Garda Síochána Act, reflect the urgency with which the Government continues to regard the issue of drug trafficking.
Additional information not given on the floor of the House
These priorities refer to specific enhanced activity by the force and the Garda National Drugs Unit in particular in places where the presence of drug dealing and the use of illicit drugs is likely. Of its nature, this would include particular pubs and clubs. The Garda has been targeting places of this kind and intends to intensify that activity. The Garda engages in undercover activity to try to bring those involved in the drugs trade to justice.
It is also important to acknowledge that the Garda needs co-operation from all sections of society in trying to tackle this problem. Anyone who has information about those supplying drugs, however small the scale, should give it to the Garda. The policing priorities refer to enhanced liaison arrangements between the Garda divisions and the Criminal Assets Bureau so that those engaging in drug dealing at all levels can be pursued. Profilers trained by CAB are now present in each division.
Deputies will agree that, while the State has clear responsibilities in these matters, the fact is that all citizens have choices to make and responsibilities to uphold with regard to drug use. With the attention of public opinion focused on this issue now more than ever, there is a particular onus on us all not to tolerate or accept any level of drug use in our society.
I agree with the Minister of State that Ireland has had a bad time in terms of the use of cocaine and other illegal drugs, which has brought forward the stark reality of the Ireland of 2007.
Regarding the reduction of supply, it was revealed this week that customs officials charged with responsibility for coastline protection have one X-ray scanner for the entire country. The scanner is useful in detecting illegal drugs, particularly cocaine, along our coastline but if it is being used in Rosslare, the thousands of miles outside Rosslare are free. Criminals know when the scanner is located in a particular place. It is nothing short of a disgrace that an island nation has only one scanner. What steps does the Government propose to take to increase the number of such machines?
The Government is doing everything in its power to increase the level of surveillance along the coastline, one of the largest in terms of this issue. Ireland has invested significantly in the foundation of the maritime surveillance operation in Lisbon, which will be effective. There are well known routes through which drugs are trafficked into this country, particularly from Latin and South America. If there is a further requirement for a customs scanner, I do not doubt that the Minister will upgrade and provide the necessary facilities, but there has been no request for additional resources to date.
One is enough.
I am sure the Government will respond if there is a request for further facilities to assist in the detection of drug smuggling. There has been a considerable upsurge in the number of seizures and fines. It is not the case that the figures are going in the wrong direction. They are going in the right direction relative to the amount of drugs being smuggled in.
Does the Minister of State agree with the Taoiseach that the Garda ought to raid house parties or does he believe it to be entirely impractical?
The Garda has indicated to the Department that it will be more vigilant concerning the presence of drugs generally, whether in pubs, clubs, nightclubs, night spots or private houses. However, there is an operational dimension to the issue. If the Garda is to begin raiding house parties of one kind or another, there will be a requirement for warrants so that the power is not open to abuse. Gardaí can routinely enter public houses or nightclubs with a view to investigating whether drug misuse is occurring. I am sure the Garda will consider the operational issue of getting warrants to raid private homes if it believes the matter should be pursued. The Government will not stand in the way should the Garda want procedures along the lines of the Taoiseach's suggestion.
From the reply, I gather that the Minister of State does not agree with the Taoiseach and believes the suggestion is impractical. As gardaí may enter public houses for the purposes of inspecting compliance with licensing laws, why would this provision not be extended to permit gardaí to enter such premises to inspect suspected offences under the Misuse of Drugs Act? Allow me to give the Minister of State another opportunity to say whether the Taoiseach was talking off the top of his head when he said gardaí should raid house parties. Perhaps they should, but would it be practical? I did not ask the Minister of State about whether gardaí should raid public houses or public places, I asked about private house parties.
The Deputy is mischievously trying to bring me into conflict with the Taoiseach. He will find I am a loyal Minister of State in that regard. I emphasise clearly that gardaí already have the power to enter premises that we describe as public houses or night spots of one kind or another.
Not under the Misuse of Drugs Act.
I understand gardaí have the power to inspect premises with regard to potential or actual drug misuse in a public house setting. There is a different issue, legally, in regard to private homes. The Minister is a lawyer but I am not. However, I understand the law on the matter is that if one were to specify a raid on a private home with regard to potential or actual drug misuse, there would be a requirement for a warrant. Powers may be available to the Garda under general public order legislation if a house party were being conducted in a way that was clearly a threat to public order in a neighbourhood. I hope that provides the clarity the Deputy seeks. I am sorry I cannot conflict with the Taoiseach on this vital matter.
On 24 October, during a debate in the House on drugs, I called for 24-hour surveillance on known crime bosses, given that only a small number of them are involved in this illegal activity. What exactly has the Government done to facilitate this 24-hour surveillance?
Operation Anvil has been up and running for some time and has been very successful. It concentrates Garda resources, including spending on overtime, in order that gardaí can focus their efforts on particular areas and gangs where they may be active. It is essentially the type of operation I hope the Deputy would welcome because it is entirely in tune with what he is calling for. At least 100 people have been charged with murder offences under the umbrella of Operation Anvil. I am glad the Deputy supports it.
Having regard to the tragedies of recent weeks and the fact that yesterday the newspapers reported on three coroner's inquests into cocaine deaths, what three additional top priority measures does the Department propose to take to deal with this phenomenon?
I do not intend to reduce our priorities to a numerical basis. I merely point out that the expansion of cocaine usage is a very serious problem.
The Minister of State need not prioritise. He can just tell us what new measures the Department proposes to take.
I said in my initial reply that there was no simple quick-fix solution to this problem. It requires sustained work by the Garda and the Department. I do not believe there is currently a requirement for additional legislation. We need to continue to reinvest in the existing resources deployed through the drug units in every Garda district. We also require leadership from parents, other citizens and even the Members opposite to carry the anti-drug message to the public, given that in the past few years, because of affluence, many have become dilatory and complacent with regard to drug usage. There is an issue around prevention and challenging a culture that finds it acceptable and is tolerant of drug taking.
Charles Flanagan
Ceist:3 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the policy changes he proposes to introduce in view of the ever increasing use of illegal firearms and offensive weapons, particularly in the area of serious crime and homicide. [34766/07]
The Minister for Justice, Equality and Law Reform and the Government attach the highest importance to tackling the use of illegal firearms and offensive weapons generally. The first of the priorities which the Minister has determined in accordance with the Garda Síochána Acts for the Garda Síochána for 2008 is targeting gun crime and the illegal activities most closely associated with such crime, organised crime and drug trafficking. The Minister has asked that, in pursuing this priority, particular emphasis be placed on the use of specialist units and targeted operations such as Operation Anvil; profiling, intelligence gathering and threat assessments in relation to individuals and groups involved; delivery of Garda commitments under the national drugs strategy; pursuit by the Criminal Assets Bureau of the proceeds of crime; and enhanced activities by the drugs units and the force generally.
I am informed by the Garda authorities that as of 9 December there were 18 murders this year where a firearm was used. While all of these deaths are completely unacceptable, the figure shows a reduction for the corresponding period last year, which was 22. With regard to serious or headline crime, the most recent figures available are for the period up to 30 September. They show that there had been no increase in such crime in the 12 month period to that date. There are no grounds for complacency, but there should be some recognition for what the Garda is achieving.
Our legislation in regard to firearms and other offensive weapons is properly severe. The mandatory sentence for murder is life imprisonment. The Criminal Justice Act 2006 provides for high mandatory minimum and maximum sentences for firearms offences, for example, a maximum of life imprisonment and a mandatory minimum sentence of ten years for the possession of firearms with intent to endanger life and the use of a firearm to resist arrest or aid escape. The Firearms and Offensive Weapons Act 1990 and the Offensive Weapons Order 1991, which control knives and offensive weapons, lay down prohibitions on such weapons and severe penalties for breaking the prohibitions. The Criminal Justice Acts 2006 and 2007 have updated and strengthened the law in many areas important to the fight against gun crime. The Government will continue to bring forward proposals to strengthen the law, including the creation of a national DNA database.
Additional information not given on the floor of the House
Over the lifetime of this and the last Government we will have significantly increased the strength of the Garda Síochána. The current programme for Government reaffirms the commitment to a Garda strength of 15,000, with a target date of 2010, and commits us to increasing the strength of the force further to 16,000 by 2012.
Operation Anvil is central to the strategy of the Garda Síochána in combating serious crime and, in particular, murder. The operation which commenced in the Dublin metropolitan region in May 2005 and was subsequently extended nationwide at the Minister's request has proved to be very successful in disrupting the criminal activities of a number of key criminal gangs. It has resulted in a number of high profile arrests and the acquisition of intelligence on the movements of criminals. Notable improvements have been achieved in the recorded number of incidents of crime being targeted by the operation. The most recent figures available, up to 9 December, show that as a result of the operation there have been 816 firearms seized or recovered in the Dublin region alone. There have been 100 arrests for murder, 2,796 for burglary and 1,260 for robbery; more than 40,000 searches for drugs; more than 75,000 checkpoints and property to the value of more than €23.7 million recovered. Outside the Dublin region, there have been 569 firearms seized.
While, as the Minister indicated, the fight against those involved in these types of offences is going to be long and has to be relentless, the approach being taken by the Minister and the Garda Síochána and the unprecedented level of resources being made available to it are producing results which must be built on.
The situation is escalating beyond the control of either the Garda or the Government. This week alone, on Monday night a man was stabbed to death in a Dublin laneway, on Saturday night a teenager received gunshot wounds to the hand in a shooting in Artane, on Friday night a man was found with a gunshot wound in a rural part of Rathcoole. This is a daily occurrence. Where are the criminals sourcing the weapons? What steps has the Government taken to track down the suppliers of weapons and stop the import of dangerous highly sophisticated weapons from eastern Europe and other parts of the world?
I do not want to minimise the problem or sound complacent by quoting the figures I quoted in my initial reply, but the bottom line is that year on year — I am not saying one swallow makes a summer or that one year's figures are evidence of a serious regression — there has been a welcome reduction in the number of murders and offences involving weapons. It is also the case that the majority of unsolved murders are typically the result of internecine fighting between criminal gangs. The situation is not as bad as depicted by the Member opposite. The overarching figures on crime are extremely positive. If one takes a ten-year view of the crime statistics, the number of crimes committed per thousand is well down from a high of 27 or 28 crimes per 1,000 ten years ago to between 23 and 25 per 1,000 today. That is against a background of a rising population——
The Minister of State is massaging his figures.
——and extra pressure on the Garda Síochána because of that growing population.
The Minister is wasted in integration.
The Minister is massaging the figures. It is easy to highlight one year. The fact is that last year we had the highest number of murders caused by illegal firearms in the history of the State.
On a specific matter, it appears many of these illegal weapons were used by the provisional IRA in Northern Ireland in the past. What steps is the Minister taking to intervene in terms of the illegal importation of weapons formerly used in Belfast, Northern Ireland, by members of the republican movement in particular?
That is a detailed question which, perhaps more properly, should be directed to the Garda Commissioner. With regard to weapons becoming available because of the post-conflict situation on the island, it must be remembered that many of the guns that arrived here did so for many different reasons. A significant contributor to firearms becoming available to the criminal classes here is the theft of firearms from farmhouses. Farmers living in isolated settings are being deliberately targeted for their shotguns and weapons that are used in the farm setting.
I hope the Minister is not blaming farmers for the escalation in gun crime.
That is a serious issue. I do not have figures available to me on the percentage of weapons now available because of the post-conflict situation in the North only to say that is something the Garda monitors regularly.
Is the Minister seriously suggesting that farmers are responsible for gun drug crime in Dublin——
This is a Priority Question.
No. I am saying it is one of the contributory factors——
The Minister will not ignore the Chair either.
My apologies.
This is a Priority Question. The only Deputy allowed ask a question is the Deputy in whose name the question is tabled.
Family Law.
Charles Flanagan
Ceist:4 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he will introduce legislation in the area of fathers’ rights. [34816/07]
In all family law proceedings relating to the upbringing of a child, the court must always regard the child's welfare as the first and paramount consideration. Where appropriate and practicable, the court will take into account also the child's wishes in the matter having regard to the age and understanding of the child. In addition, the law now places an emphasis in terms of recognising the rights of the child to the society of both of his or her parent. Section 11D of the 1964 Act, inserted by the Children Act 1997, obliges the court in proceedings relating to the welfare of a child to consider whether the child's best interests would be served by maintaining personal relations and direct and regular contact with both his or her father and mother.
Under the law as it stands, married parents living together are joint guardians and custodians of their child. If they separate, the custody is normally with the parent with whom the child is intended to reside, but the other parent still remains a guardian.
An unmarried father may apply to the court to be appointed a guardian of his child. Alternatively, where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act 1964, as inserted by section 4 of the Children Act 1997, appointing the father as a guardian of his child and without having to go to court.
The 1997 Act also provides for an emphasis on counselling and mediation as alternatives to court proceedings concerning the custody of and access to children. It encourages couples who are in dispute to think in terms of agreeing to the custody of and access to their children without the need for court interventions. Before instituting proceedings for guardianship, custody or access, a solicitor must discuss with the parent the possibility of engaging in counselling and mediation to assist in effecting an agreement between the parties. The court may adjourn any proceedings for the purpose of enabling attempts to be made by the parties to reach agreement, with or without the assistance of a third party, on some or all of the issues in dispute. An agreement in writing between parties relating to custody, access or maintenance can be made a rule of court and thus become enforceable in the same way as if it were a court order. Mediation on the various issues is by its nature a voluntary act to be undertaken by two persons who are in dispute.
The Family Support Agency, operating under the aegis of the Department of Social and Family Affairs, following the enactment of the Family Support Agency Act 2001, brings together programmes designed to support ongoing parenting relationships for children. Its functions include the provision of a family mediation service, both directly or through support for others providing these services, and the administering of grants for such purposes.
As regards the hearing of family law cases in general, the in camera rule has recently been relaxed in that the law now allows certain classes of persons to attend family law cases to draw up and publish reports, subject to certain safeguards including a requirement that the parties to a case or any relevant child would not be identifiable.
The Minister is aware of the concerns of fathers in the area of family law. Operation of the law in this area is being kept under review in his Department.
Will the Minister expand on the last point he made about the nature of the review? I invite him to comment on a recent judgment of Mr. Justice McKechnie in the High Court wherein he called for a review of the law on fathers' rights. One child in three in this country is born to unmarried parents and it is timely that matters would be reviewed having regard to the fact that, in law, the father does not have any automatic rights.
The Minister is cognisant of the issues arising in this question and these matters are under review in his Department. That is a commitment from the Minister.
Does that mean legislation is envisaged?
Wider issues arise involving the consistency of judgments as between courts, whether they be in an urban or rural setting. An issue has been raised directly by judges with the Department and its officials about the consistency across the courts system with regard to decisions and matters arising from the family courts. I understand there is a commitment from judges to provide more consistency in terms of the judgments in this area. That is to be welcomed.
The Minister also commissioned a report by Dr. Carol Coulter on the operation of the family courts. That report has been published and made available to the public. Many of the points made in the report are being absorbed into the system, either at official level or by the courts themselves.
Alan Shatter
Ceist:5 Deputy Alan Shatter asked the Minister for Justice, Equality and Law Reform the consideration given by him to revise family law to create a new court family and assessment service to assist the courts in determining family law proceedings and in particular issues relating to the guardianship, custody and upbringing of children and in determining care proceedings relating to children. [34646/07]
In all family law proceedings relating to the guardianship, custody and upbringing of a child, the court must always regard the child's welfare as the first and paramount consideration. Where appropriate and practicable, the court will also take into account the child's wishes in the matter having regard to his or her age and understanding. Similar statutory provisions apply in proceedings in respect of the care and protection of a child.
With regard to family assessments, section 47 of the Family Law Act 1995 provides that reports can be ordered by the courts dealing with questions affecting the welfare of any party to the proceedings. These reports deal mainly with child custody and access. In the past, they were provided by the probation and welfare service. However, because of the demands of the criminal courts, I understand the probation and welfare service has not been in a position to provide this service for some time.
Following a request from the Courts Service, the probation and welfare service agreed in 2003 to set up a pilot project for one year to provide these reports for the Dublin circuit family law courts. This initiative was of great assistance to judges but, owing to pressures from the probation and welfare service's core business in the criminal courts, the pilot was discontinued after one year. As a result, parties involved in family law disputes often engaged medical consultants, psychologists and others at considerable cost to provide evidence in court. Some judges dealing with family law expressed concern with the "over-medicalisation" of family law and the conflicting nature of the reports provided by these medical experts.
I am pleased to inform the Deputy that the Courts Service and the probation and welfare service reached agreement earlier this year that a system funded by the Courts Service would be established for the provision of reports to the family law courts and that the probation and welfare service would assist in the monitoring and quality control of this system.
Those providing this service will not be direct employees of the probation and welfare service but contracted on a fee per report basis. Reports will be provided by a panel of external contractors, in the main social workers and retired probation officers. The panel will have a national geographic spread and reports will be carried out by persons for a fixed fee per report. It is intended that this system will commence initially in the Dublin circuit family law courts. The probation and welfare service is appointing a senior manager to supervise and assure quality in this contract arrangement.
The Minister welcomes this initiative and is appreciative of the constructive work involved on the part of both agencies in developing this service. While he has no direct responsibility in the matter, the Minister will do whatever he can to support the initiative and looks forward to the service being fully established and working effectively to provide a service to families who find themselves in difficulty.
When will the proposed service begin? If it is to start in Dublin, will it only apply to the three Circuit Courts dealing with family law in Dublin? Guardianship and custody disputes relating to children are dealt with in the District Court to a greater extent than in the Circuit Court.
Care proceedings relating to children are dealt with exclusively in the District Court. For years District Court judges have been crying out for a coherent and dedicated service to provide welfare assessments relating to children and family assessments to assist them in their decision-making. Such decisions are often made by High Court judges.
Why is it deemed this service should be provided for Dublin Circuit Court judges, and some outside Dublin, but to none of the Judiciary dealing with family cases in the District Courts or the High Court? Will the Minister of State acknowledge it is preferable to provide a dedicated family and welfare assessment service, available to all the Judiciary dealing with family cases?
Will the Minister of State explain why child psychiatrists, who frequently assist the courts in such cases through private payment, are excluded through the proposed scheme?
I will attempt to answer some of the Deputy's questions as some are beyond me.
They seem to be beyond the Government in general.
Deputy Shatter is an acknowledged expert in this area. This service is being provided on a pilot basis in the Dublin Circuit Court.
This is the second pilot project.
It will be followed through on a phased basis in the Cork and Limerick Circuit Courts. The probation and welfare service is in the process of appointing a family law coordinator who will liaise with the Judiciary on the service it should access. Referrals will be processed through the Courts Service and accompanied with a sworn affidavit by the applicant and the respondent. Hopefully, the pilot project will result in a permanent standing service, which the Minister and his officials wish to happen.
The last project that lasted for one year crashed in 2003. Will the Minister of State admit that the new proposal is a half-baked grossly inadequate scheme thrown together in desperation to make a pretence of a response to Carol Coulter's report?
This area needs radical reform with the replacement of the current fragmented court structures with a dedicated system of family courts with proper family assessment and mediation services. Has the Government considered such radical change with the necessary constitutional referendum to put in place a separate court system to deal with family matters?
I thought I alluded to the previous scheme in my initial reply but I will add it again for the benefit of Deputies opposite.
The Minister of State told us the previous scheme ran for a year and it collapsed.
The previous scheme collapsed after one year because the Courts Service and the probation and welfare service were under pressure.
The welfare of children does not matter then.
The purpose of this latest initiative is to contract panels of experts to conduct these assessments.
What about child psychiatrists?
Allow the Minister of State to continue without interruption.
It is another half-baked and pathetic attempt to address the problem.
It is intended not to put the Courts Service or the probation and welfare service under additional pressures, which would lead to another collapse of this scheme. There has been a significant issue with the costs of medical and other experts.
Why are the District Courts being left out?
From a value for money perspective it makes much more sense to do it on a contract basis.