Vol. 868 No. 3
6. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality under the Redress for Women Resident in Certain Institutions Bill 2014, if liaison officers will be appointed to assist Magdalen women in obtaining their enhanced benefits under the Bill; her views that these changes should be welcomed and are vital at the next stage of the Bill; and if she will make a statement on the matter. [6975/15]
My question relates to the Redress for Women Resident in Certain Institutions Bill and the need for liaison officers and support for the survivors of the Magdalen laundries to ensure they obtain their enhanced benefits as proposed under the Bill recently passed in this House.
I thank Deputy O'Sullivan for her question and her interest in this area and the support last night for the passage of the Bill which provides for medical services for women who were in the Magdalen homes. I am very pleased to say the Redress for Women Resident in Certain Institutions Bill was passed in the Dáil without a division and I thank all Deputies on the opposite side of the House for this. The Bill makes special provision for free access to health services for women who were resident in Magdalen laundries and similar institutions. These women do not have to pay the statutory charge for public acute hospital inpatient services and the ex gratia payments will not be taken into account in the financial assessment of means under the nursing home support scheme.
There is no provision in the Bill for the appointment of liaison officers. Neither was there any such provision in the Health (Amendment) Act 1996 which dealt with women who had Hepatitis C. However, I wish to assure the Deputy that, once the Bill is enacted, there will be a liaison contact in the HSE to assist the women concerned. The unit in my Department has a staff of eight who have been in daily contact over the past year with the women concerned. They have been dealing with them in respect of the ex gratia payments. However, if other issues arise in their contact with the women, they have been helping the women with these as well.
I have also been examining how the women can be supported via an advocacy group. This is not on a statutory basis but on an administrative basis. I will continue to examine this.
As discussed earlier this week, we know there are survivors who are capable of obtaining the benefits to which they are entitled. I thank the Minister for taking the suggestion I made about a comprehensive and simple-to-understand guide for the ladies. However, we know there are ladies who lack the necessary mental capacity, because they have been in an institution and have been institutionalised or because they had a mental health issue before they went in. How many women are we talking about in this particular situation? These are women who need extra help. I acknowledge the work of the national advocacy service and the trained personnel which are available. It is good that the Minister is going to look at this aspect further.
However, there are women who are in a very difficult situation and who are extremely vulnerable. These women have been taken advantage of in so many ways during their lives. With these benefits accruing to them, the hope is that their remaining years, however many they may have, will be much better and that a better quality of life is ensured.
Approximately 40 women in this situation have been identified. These women need to be helped as envisaged by the provisions in the Assisted Decision-Making (Capacity) Bill 2013. They may need support and there will be a range of options. The Bill provides for decision-making assistants, co-decision makers and decision-making representatives and the public guardian. I wish to reassure the Deputy that a medical assessment is sought if there is any indication that an applicant under our scheme has capacity issues. As the Deputy knows, there has been a large number of payments made and which now total €18 million. A huge number of women successfully applied and have been dealt with. However, there are 40 women who we have identified either with the information already available or following a medical assessment as having capacity issues. These women will need to be helped and will require these kinds of representatives.
There are many positive aspects to what the Minister has just stated. It is when we look at these capacities that we will see if it does work. It is good that there are options available for these particular ladies, who are a particularly vulnerable group.
I take this opportunity to acknowledge the work of support groups such as Justice for Magdalenes, which have been both tenacious and persistent in their efforts, and I thank the Minister for the role she has played.
I thank the Deputy. I want to ensure that the health legislation we passed in the Dáil will progress through the Seanad in order that the relevant health services will be made available to the women as quickly as possible.
7. Deputy Niall Collins asked the Minister for Justice and Equality the action she has taken to implement the recommendations of the strategic review of penal policy; the way she will address the drugs crisis in our prisons; her views that the current justice system is addressing the problem of drugs effectively; and if she will make a statement on the matter. [6987/15]
In light of the strategic review of penal policy, will the Minister outline how she intends to address the crisis of drug use and addiction in both our prisons and the wider community?
The Deputy's question relates to the report of the Penal Policy Review Group. Some of the group's recommendations can be implemented in the short to medium term but others will require a more long-term approach. As an initial step, last November - shortly after the report was published - I obtained permission from the Government to follow through with some very key recommendations. These include bringing forward legislative proposals to establish the parole board on an independent statutory basis; preparing proposals and options for Government on reform of sentencing policy, including a review of the threshold at which presumptive minimum sentences relating to drugs and other offences apply; preparing proposals for Government on legislating for the review's recommendation that courts should set out in writing their reasons for imposing custodial sentences; preparing proposals on the potential for increased use of earned remission; and pursuing options for an open prison for female offenders. These are the first recommendations from the report of the review group with which we have chosen to proceed. I am also establishing a group to oversee the implementation of the report's recommendations in general, with representation from key stakeholders. I recently appointed Dr. Mary Rogan - who was a member of the review group and is a former chairperson of the Irish Penal Reform Trust - to serve as the independent chair of the new group. Dr. Rogan is an extremely competent person and I am sure her appointment will be widely welcomed.
The availability of contraband, especially drugs, in our prisons continues to be a major challenge for the Irish Prison Service. It is clear that this availability is a huge barrier to prisoner rehabilitation and reform. The Irish Prison Service is currently examining a number of key measures relating to drugs, including the enhancement of existing search capabilities and procedures, the expansion of the canine unit, the introduction of a confidential telephone line by means of which information on drug trafficking into our prisons can be given in confidence and the introduction of new technologies to prevent mobile phone. It is also considering measures to improve treatment in prison for drug addiction. The head of the Irish Prison Service is very conscious of the challenges drugs pose. Of course, those challenges must be faced by the criminal justice and prison systems in other jurisdictions. We will continue our efforts, including by means of introducing new initiatives, to deal with this scourge in our prisons.
Does the Minister envisage a timeline regarding the implementation of measures to drastically reduce the availability of drugs to those in our prison system? Members of the public often, and quite rightly, comment on the reported casual availability of drugs and mobile phones in prisons. Some of the most hard-core drugs are apparently available in prisons and it is reported that inmates are using them quite openly. This beggars belief and people are wondering why action has not been taken. What measures will be introduced to combat this problem and what will be the timeline involved?
A recent edition of the Evening Herald contains some stunning images of people shooting up in broad daylight in the Dublin's north inner city in a location close to children's play areas and a number of national schools. It is reported that each year up to 12,000 used needles are removed from Dublin city centre streets and disposed of by organisations such as Dublin City Council, the Ana Liffey Drug Project and Dublin Town, which represents traders. That is a staggering number of used needles and we just do not know how many more might be found on the city's streets. The report to which I refer highlights the crisis that exists in Dublin's city centre in the context of open drug taking and the consequences that flow from it.
As already stated, the issues of both drug addiction and the availability of drugs in our prisons are receiving the most serious attention. I have spoken to the director general of the Irish Prison Service in respect of this matter and he assures me that addressing it will be a key strategic action which will involve the introduction of the range of measures I outlined earlier. This issue is not dealt with casually within our prisons. There are serious and ongoing efforts to interrupt any attempts to bring drugs into prisons, including Limerick, Mountjoy etc., and I am sure the Deputy is aware of them. Every effort is made to deal with the new and ingenious ways people visiting prisons try to smuggle in drugs and the means by which those in prison try to obtain access to drugs. This is a persistent issue in prisons in Ireland and internationally. As stated, new initiatives are continually being put in place and I have outlined those that will be implemented during the course of this year in order to interrupt supply of drugs into prisons and to deal with the problems to which they give rise.
The Minister stated that the Irish Prison Service is going to introduce measures. Is she in a position to provide a more definitive timeline in respect of what will be rolled out and when? Will she also outline the key indicators that will be used in respect of the targeted reduction of drug availability within our prison system? I reiterate that the public cannot understand why drugs and mobile phones are so openly available in prisons. Mobile phones give some members of the prison population the technological capability to direct the commission of crimes outside the prison system. What is the timeline involved and what key performance indicators have been set for the Irish Prison Service in respect of this matter?
Key components of the new drive will include an increase in the number of drug detection dog teams. Training in this regard is ongoing and all teams will be fully operational by the end of May. The introduction of a standardised screening procedure across the prison estate will ensure a consistent response to this issue in all of our institutions. The confidential telephone line to which I referred earlier and which is similar to that used by An Garda Síochána will come into operation shortly. I urge any person with useful information regarding the smuggling of drugs into prisons to use this service and assist the authorities in tackling this problem. As we are aware, intimidation can take place in respect of people who may be visiting prisoners. We want to ensure that people in possession of information or intelligence relating to this matter will report it by means of the confidential telephone line. All of these initiatives will be put in place. There was a reduction in the amount of drugs available in prisons in 2014. However, the Irish Prison Service is committed to reducing the figure in this regard even further, particularly in light of the negative effects - including self-harm, assaults, bullying and, unfortunately, even death - to which drugs smuggled into prisons can give rise.
8. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide an update on the threat posed to the State by acts of terrorism; the action she has taken to address this threat; and if she will make a statement on the matter. [6988/15]
Will the Minister provide an update on the threat posed to the State by acts of terrorism, be they domestic or international in nature, particularly in light of the activities of the so-called Real IRA and the Continuity IRA and the fact that up to 30 Irish citizens are known to have travelled to conflict zones in the Middle East?
We take the opportunity to express our sympathy with to those impacted by the appalling terrorist activity in Europe in recent days, weeks and months. Considerable concern has been expressed at the meetings of the Justice and Home Affairs Council where this item is top of the agenda for discussion in terms of security across Europe. Hundreds of young Europeans have gone to fight and some have returned and are radicalised.
These events show that all states must remain vigilant and attentive to the risks posed by international terrorism. Ireland, like any other democratic country with similar values, is not immune to a threat from international terrorism. While an attack on Ireland is possible, it is not assessed at present as likely and there is no specific information relating to threat to Ireland. An Garda Síochána is keeping the level of threat from international terrorism under continuous review in the light of the ongoing developments and is continuing to take all appropriate measures to counteract this threat. Of course, it has the full support of the Government in this regard.
Approximately 30 people of Irish origin have travelled to these areas. We need to keep some perspective on this number. There has been some distortion in regard to the analysis of this number which includes individuals who travelled to Libya, Tunisia and other Arab states to take part in the popular uprisings known as the Arab Spring, which began in 2010. Some of these individuals have returned and approximately three have died in the conflict.
There are a small number of people based here who support extremism and who would try to facilitate others to travel to conflict zones. Their activities are closely monitored by An Garda Síochána and there is very close co-operation with the security services in other jurisdictions.
Additional information not given on the floor of the House
The Government is committed to ensuring the necessary legislation is in place to address terrorist threats. The Criminal Justice (Terrorist Offences) (Amendment) Bill 2014 has already passed all Stages in the Seanad. The Bill, when enacted, will create the three new offences of public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. These offences will carry sentences of up to ten years imprisonment on conviction on indictment. It is expected that the Bill will be brought before the Dáil shortly.
Any response to this issue must be proportionate to the level of the threat and multifaceted in approach. Engagement with minority or at risk communities is essential. In that context, An Garda Síochána operates a progressive programme of community engagement with minority communities. The aim of these programmes is to build a sense of inclusiveness among minority communities and to address feelings of marginalisation to avoid providing fertile ground for radicalisation and those seeking to radicalise others.
The radicalising affect of online propaganda must also be dealt with. Ireland, with its European counterparts, will also seek to work with all relevant stakeholders to develop further initiatives in this domain. From the perspective of domestic terrorism, the ongoing threat from paramilitary groups remains a matter of the highest concern for the Government. Garda actions to disrupt and prevent actions by paramilitary groups continue. The Garda will continue to use all lawful means at its disposal to bear down on the paramilitaries and will continue to work very closely with its counterparts in Northern Ireland and elsewhere in the United Kingdom to this end. This excellent relationship between the Garda and the PSNI is key to security co-operation and it has consistently been emphasised by the two police chiefs as essential and successful. This operational relationship is mirrored by ongoing contacts at ministerial and official level.
Will the Minister comment on her statement that she could never rule out the possibility of an attack but that it is not likely at present because her colleague, the Minister for Foreign Affairs and Trade, Deputy Charlie Flanagan, said Ireland must remain on alert? The European Commission has estimated that approximately 5,000 people have travelled from Europe to fight in the wars in Syria and Iraq. Up to 30 Irish citizens have travelled to the war zones and a number of them are under surveillance. There were reports that quite a senior person from that cohort, who lives in south county Dublin, was allegedly engaged in organising finance. Will the Minister provide us with an update on the oversight or monitoring of the threat posed to the State as a result of these people travelling to these war zones in view of the fact that up to 5,000 people from Europe have travelled to Syria and Iraq?
Let me repeat what I said because we want to be accurate in regard to this. Like any country with democratic values, Ireland is not immune to a threat from international terrorism. An attack on Ireland is possible, but it is not assessed as likely and there is no specific information on a threat to Ireland. However, as I have said and as all other Ministers at the Justice and Home Affairs Council meeting agree, we all need to be vigilant and to share information. I ask our MEPs to support the law on passenger name records to ensure appropriate information is exchanged and that every possible security initiative needed is taken.
I will bring forward legislation in the next few weeks when Dáil time is available to deal with it. We will create three new offences of public provocation to commit a terrorist offence, of recruitment for terrorism and of training for terrorism. The Garda Commissioner, others and I have discussed this issue and we will keep it under review. The Garda Commissioner has the full support of the Government in this regard. I am satisfied this is an area of high priority for An Garda Síochána to ensure Irish people are safe.
Question No. 9 is in the name of Deputy Michelle Mulherin who is not present.
10. Deputy Niall Collins asked the Minister for Justice and Equality the way she will address defamation of persons which occurs online; her views on amending the law to allow for defamation cases online to be dealt with in a more-cost effective and timely manner; and if she will make a statement on the matter. [6990/15]
On many occasions, we have discussed the issue of cybercrime and cyberbullying in this House. It is an issue about which we all share a huge concern because of some of the consequences of it, in particular on the younger members of the community. However, there is also the issue of defamation online. We all know of instances where people believe they have been defamed online, of the difficulties they have experienced in trying to have that situation corrected and of the avenues available to them to seek justice if they believe they have been defamed or their character or good name has been taken. What are the Minister's plans to address defamation online?
As the Deputy is aware, the law on defamation in the State was reformed in the Defamation Act 2009. It is important to say the Act draws no distinction between online, print or broadcast media and provides for a number of remedies. The primary relief under the Act is an award of damages with a jury deciding the amount to be awarded if the defamation action is successful. Either nominal or compensatory damages can be awarded. Given the nature of online defamation, the priority for the plaintiff might be to have the defamatory statement removed. Under section 33 of the 2009 Act, a plaintiff may seek a court order prohibiting the publication or further publication of a defamatory statement. Injunctions are an important remedy in responding to online defamation.
As the Deputy knows, the print media are regulated by the independent Press Council of Ireland which was granted recognition under the Act. The complaints system operated by the Press Council provides a useful, efficient and cost free remedy for members of the public who are affected in the way the Deputy described.
The e-commerce directive, Council Directive (EC) 2000/31, which comes within the remit of the Department of Jobs, Enterprise and Innovation, sets down a number of provisions regarding the duties and obligations of website providers, including to remove potentially defamatory material when notified. There is now evidence of a trend across Europe of courts imposing greater responsibility on online service providers for user-generated online content.
Recently, I held a meeting in Farmleigh House with all of the Internet service providers in this country to discuss their responsibilities, how we can work with them and what legislation is needed, if more is needed, to deal with the online issues which are increasingly a feature of our lives. These companies are taking a huge range of initiatives to ensure personal online safety and they are interrupting criminal material when posted online. We see this, in particular, in the area of child sexual abuse online which, sadly, is a growing feature of online activity.
There are two dimensions to online defamation. There is the overt dimension where somebody who engages in online defamation is readily identifiable and then there is the covert dimension where somebody uses an alias and opens up an account with a bogus name and engages in online abuse and defamation. There are two dimensions to it which the Government needs to consider addressing in a radical manner because it is a source of huge concern. We know of the bullying of younger members of society. Ordinary decent people, who are entitled to their good name, often find themselves at an exceptional disadvantage. My Fianna Fáil colleague, Senator Thomas Byrne, had to go to the courts to get a court order to get Google to act in regard to something about him which was not true but which was available. That was not good enough. Does the Minister have plans to introduce legislation to deal with the overt and covert dimensions?
I accept that she met the Internet service providers. That was a welcome move, but they need to be in a position to act faster to acknowledge their role as a stakeholder in the act of defamation. They might not be the people who wrote it, but they are the people who are broadcasting it.
This is an increasing focus among the providers. They are taking many more initiatives than people are aware of, where there is any indication of criminal activity online. For example, more efforts are being made to keep the online evidence, which can effectively be, as the Deputy describes it, a crime scene - we have to think about it like that. There are more and more initiatives coming from the Internet service providers. The Law Reform Commission is examining this area in its fourth programme of law reform, which commenced in 2013. One of the projects it is looking at is crime affecting personal safety, privacy and reputation, including cyberbullying, which is the point the Deputy is raising. I look forward to getting that. It has asked for submissions and is examining a number of points relating to this issue such as the efficacy of injunctions, the relevance of damages or remedy when the harm caused by online defamation is in many ways irreversible and the cost of civil proceedings. It put a number of questions for public response or submission regarding what remedies or reforms should be provided. I will be guided by that law reform report when I receive it in the near future.
11. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the current delay in completing Report Stage of the Criminal Justice (Spent Convictions) Bill 2012. [6984/15]
It is over a year since the spent convictions Bill was to be brought back for Report Stage. The UK Court of Appeal case the Minister referred to as delaying it was upheld by the Supreme Court in the United Kngdom over six months ago. She will be aware that Deputies and Senators are repeatedly getting representations from people who a long time ago were involved in some misdemeanour that is affecting their ability to move on with their lives and avail of employment. We must pass this Bill. There is an urgent need to resolve the issue as soon as possible.
I recognise the interest in this House in the Bill and the need to have it enacted. I intend to bring the amendments to the House before the summer. There was a new situation, following on from the case to which the Deputy referred, before the Bill could be taken on Report Stage. A 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the vetting Act and consequential amendments to the spent convictions Bill are being drafted. I recognise how important this is for individuals and the difference progressing this legislation could make to their lives. The amendments are being worked on and I will be bringing them forward before the summer.
There is obviously a very lengthy pipeline of justice Bills. I urge the Minister to ensure these amendments are through by the summer and that the Bill is moved through the Houses. Some of the people to whom I have spoken are the most upstanding citizens, but sometimes when one is younger, one might have got involved in a scuffle on the street and done something stupid. That should not prevent one from moving on with one's life. This really does cause distress. The whole idea of society is that when people make a mistake, they pay their debts, are rehabilitated and then have the right to start again. This Bill was welcome and I just want to see it progressing. I appreciate the Minister's assurance that it will be dealt with by the summer. All I am asking is that it be fully honoured and delivered.
I agree with the Deputy. This is a very important Bill, particularly for people who may have been convicted of a minor offence many years ago in a District Court, which has hung over their entire life. That is why we have brought in this legislation and I will have the amendments before the House in this term. Section 3 provides that certain employments are exempt from the Bill. These include any work with children or vulnerable adults, employment with the Defence Forces, employment with An Garda Síochána, other criminal justice appointments, and Central Bank or NTMA appointments. Section 10 also provides that spent conviction provisions do not apply to certain applications for licences such as firearms licences, taxi licences, PSV or road haulage operator licences, and so on. I think people would understand this. I am not amending those provisions, but I have a number of amendments that had to be made following on from the Court of Appeal decision in the United Kingdom. They are being drafted and I will ensure we will have it before the summer.
The time for parliamentary questions has expired, so we must move on.
