Bríd Smith
Ceist:6. Deputy Bríd Smith asked the Minister for Justice the timeframe for finalising a scoping report into the death of a person (details supplied); if progress has been made; and if she will make a statement on the matter. [26134/22]
Ceisteanna Eile - Other Questions
Inquiry into the Death of Mr. Shane O'Farrell
My question to the Minister is about the scoping report into the death of Shane O'Farrell that was insisted upon by the previous Minister, Deputy Flanagan, over two years ago. It is almost 11 years since Shane O'Farrell was killed in his home town of Monaghan. There has been a litany of failures by the State in delivering justice for the O'Farrell family. This delay is compounding that injustice, and I ask the Minister to give the House a clear timeframe on the delivery of that scoping report, which is way too long overdue.
I thank the Deputy for raising this issue. As the Deputy will be aware, the retired judge, Judge Gerard Haughton, has been conducting a scoping exercise into the tragic circumstances surrounding Shane O'Farrell's death. The purpose of this exercise is to advise as to whether any further investigation or inquiry beyond those already carried out is necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
I am informed that the judge is on the verge of completing the scoping exercise and has begun the process to compile his final report. This is progress or is a change from the last time we spoke on this issue when information was still to be gathered. I am told now that this information has all been gathered and he has now begun the process to complete his final report, which will then be presented to me. I am told this will be very shortly but I do not have an exact timeframe. It has certainly moved on to the final stages where the report has been compiled. Once that process is complete, I understand the judge will submit it to me. Once I have received the final report, the advice of the Attorney General will be sought on publication.
I will conclude by restating in the clearest possible terms that neither the Government nor my own Department is in any way opposed to the possibility of a further inquiry or an independent inquiry into the case if that is what is recommended. The Deputy will understand, however, that I cannot and do not want to pre-empt the outcome of the work that has been done and I appreciate that it is going on much longer than people would like. I know that this has been greatly challenging for Shane O'Farrell's family. I would like to see it completed as quickly as possible and not to be answering questions in here where I am not able to give a direct timeframe. I am assured that this scoping exercise is at the very final stages and that I will hopefully have it before the summer term.
I acknowledge that the Minister's answer is progress from the previous answers we have received. Being on the verge of completion is not an answer as to a timeframe. It then has to go to the Attorney General for his view and that will be sought before there is any publication of the scoping report.
I remind people generally in the public that this scoping exercise was sought as part of the journey for reaching the truth for the O'Farrell family. That journey, however, has actually become an odyssey and it has become an enormous task to get this over the line. It cannot be overstated how painful that has been for the family and how anxious they are to see the report.
Regardless of whether the Attorney General recommends a further inquiry, this will not go away because of the determination of the family and of those of us who support them. There will be the continued demand for a full public inquiry, which is based on the fact that we know there has been a litany of failures by the State and it is only due to the family itself lodging freedom of information questions that many of those failures of the State and of the justice system have been exposed. This, more or less, twisted the arm of the State to have this scoping exercise, which, I repeat, has been delayed inordinately.
I thank the Deputy for her contribution. The very fact that this is an independent inquiry and that the retired judge, Judge Haughton, is independent in the work that he is doing means that I am not able to give the Deputy the timeframe because I do not have it. I know, however, that the report is at its final stages. I am aware that this may not be much comfort at the moment without having a set timeframe.
What I have seen since coming into the Department is that the other section 42 inquiries are taking longer than anyone would like or had ever thought they would take. That perhaps is something we need to look at into the future if we are looking at further types of inquiries, or independent inquiries, that are led under the section 42 process. This process has obviously started and we need to allow it to continue to completion. I fully respect the independent work of the judge and I have no doubt that when it is finalised and that when the work is done, I will receive it as quickly as possible. I would also like that the advice from the Attorney General come back to me as quickly as possible.
I will ask that of him when he is presented with the report. I will seek his advice in terms of its publication but also the recommendations in it and where we go from here. I hope we will be able to respond at that stage to the Deputy and, most importantly, to the O'Farrell family.
I have to accept the Minister's bona fides in this matter, as I have said. However, it is almost 11 years since the terrible killing of this young man. It should never have happened, as we all know. Had justice been applied as it should have been, the killer would have been in custody instead of being loose on the roads and able to carry out a hit-and-run killing. Many questions need to be answered by the State and the justice system. I hope the scoping exercise has attempted to answer many of those questions. However, if the Attorney General sits on the report for a long period, how will we in this House manage to push forward a result on behalf of Shane's family and, indeed, on behalf of all the families who are watching these kinds of inquiries? They, too, have felt a great injustice was done in cases that appertain to them. There has been a compounding of insult to the O'Farrell family by the delay in issuing this report. Some indication of how quickly the Attorney General will allow for its publication - or not, as he may decide - is needed. That decision needs to be given within a tight timeline. My view, of course, is that he absolutely must allow it to be published.
I thank the Acting Chairman for allowing me in, although I would have preferred if my question, which is almost identical to that of Deputy Bríd Smith, was grouped with it, as that would have allowed for more interaction. The Minister said her Department is not opposed to a public inquiry or other types of inquiries. I do not buy that. The reason there has been a scoping exercise is that the Department and the Minister at the time, rather than adhering to the wishes of both Houses of the Oireachtas and establishing a public inquiry, put in place the scoping exercise, which has taken three years to complete. That is in addition to the six years the Garda Síochána Ombudsman Commission, GSOC, inquiry took to complete. Of the ten and a half years that Shane O'Farrell has been dead, it has been impossible for nine of them to ask a question of a Minister for Justice because, we were told, another investigation was ongoing.
Shane's family has demanded a public inquiry, as have the Houses of the Oireachtas. The Minister said the section 42 provisions may not be adequate but she also seems to be saying that she has done no examination as to what a public inquiry might look like in this case. Are we looking at a further delay following the publication of the scoping exercise, which I would argue should be released into the record of the Dáil to give it privilege, regardless of what the Attorney General should say? Is the Minister suggesting there may be a further lengthy delay before we get the public inquiry that is so rightly deserved in this case?
I want to place on the record again that, as Minister, I have absolutely no objection to a full public inquiry, nor does my Department. The Taoiseach has put on the record that he has no objection on behalf of the Government to such an inquiry. I have not seen the work done to date and I do not know what is in the report. I have not begun any scoping exercise because I have not seen the report and I do not want to pre-empt what is in it. It may recommend a public inquiry or it may not. I do not know. It is important that we allow Judge Haughton to continue the work he has started and to make sure that process is complete. If we need to do something more after that, we will do so.
There are a lot of issues to be looked at, as Deputy Bríd Smith said. I have no doubt that all the concerns that have been raised, including in respect of the terms of reference and everything that has been set out, will be addressed by the judge. In regard to the Attorney General, all I can say is that, in my experience, he is not a man to wait about or delay on things. He is very efficient in his work. Certainly, if this report is presented to him, I know he will come back to me on it as quickly as he can.
We move now to Question No. 9, which is in the name of Deputy Lawless.
I understood I would be taking Question No. 7 on behalf of Deputy Murnane O'Connor.
It was not communicated to me that the Deputy intended to do so, but I will allow it.
I thank the Acting Chairman.
Domestic, Sexual and Gender-based Violence
Jennifer Murnane O'Connor
Ceist:7. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the way she is resourcing An Garda Síochána to tackle violence against women; and if she will make a statement on the matter. [25988/22]
I will not spend too much time on this question but it raises an important issue, which relates to the resources An Garda Síochána has to tackle violence against women. I know this is an issue that is close to the Minister's heart. It is sometimes referred to as domestic violence but, in fact, it is a broader issue that can occur outside the home as well. What resources are being put in place to deal with this scourge?
This is an area I have prioritised and in respect of which I have been doing a huge amount of work, in conjunction with a large number of agencies, front-line workers and colleagues across the House, to try to improve the services and supports and put victims at the very centre of everything we do. An Garda Síochána plays a vital role in all of that. Gardaí are hugely important in making sure people are supported when they come forward and as they go through the criminal justice process.
We have taken a number of steps to support the Garda in this area. They include strengthening the criminal law, including work currently under way to create stand-alone offences of stalking and non-fatal strangulation. We are progressing a new sexual offences Bill, which I have worked on with colleagues in the justice committee, including the Deputy as Chairman. We will look to enact the Sex Offenders (Amendment) Bill 2021 later this year to address the management and monitoring of sex offenders in the community. We have had preliminary trial hearings conducted under Coco's law and legislation on hate crimes is coming down the line. It is important that An Garda Síochána has strong laws to work with.
Separate to that, we have a budget of €2 billion, as I mentioned earlier, which is an increase of approximately €300 million since 2019. Part of that provision will focus specifically on addressing domestic violence - both violence against women and abuse in general. We have €10.5 million for operational expenditure on mobile devices, equipment for specialist units and ongoing training for priority areas. There will be an increase of more than 70 in the number of divisional protective services units, DPSUs, which are the specified units for dealing with these types of crimes, bringing the total number of gardaí deployed in them to 332 across the various divisions. The roll-out of the Garda Síochána (digital recording) Bill, which I hope to have enacted later this year, will be particularly helpful to first responders. Gardaí often say that the first few seconds of interacting with a perpetrator and victim after they arrive on the scene are extremely important. Getting footage of those interactions will be hugely helpful. The Garda National Protective Services Bureau, GNPSB, has completed a nationwide canvass in regard to the training needs of the DPSUs and a new training programme will be ready for delivery in the coming weeks, with in-person training expected to recommence in quarter 3 of this year. This is something for which gardaí in the DPSUs have been particularly calling.
I acknowledge and appreciate all the work being done in this area. I recognise in particular the work done by the Minister, along with my colleague, Senator Chambers, and others, in regard to the provisions on stalking and other advances that have been made in recent times.
I raise this issue as a male who has many significant females in my life, not least my daughters and wife. One of my daughters was at an event last night and, unfortunately, a shudder went through me from the involuntary fear one has that something might happen. It is hard to get away from that. It is important that we have all the preventative measures, precautions and mitigations in place. Domestic violence is often spoken about. I welcome the increase in the number of DPSUs and the other measures that have been taken. However, it needs to go beyond that, into the streets, the public domain and the wider sphere. It is important that we invest in this area.
We are all very aware of what happened to Ashling Murphy and the awful vista that was thrust upon us at the start of this year. Unfortunately, such deaths have happened too often. A societal shift, rather than any particular departmental shift, is required. We must do all we can collectively to address the issues.
I agree that it is about improving the criminal justice system, providing resources for the Garda and making sure we have stronger laws, but there also are educational and information aspects. For the Deputy's daughter or anybody else going out, it is about knowing who one can turn to and the resources and supports that are available. Knowing the Garda is there to support people is hugely important. A major part of the domestic violence strategy that will be published in the coming weeks will be a focus on education, national awareness-raising campaigns and making sure information is available to citizens but also to the Garda. We see pockets of really fantastic work happening where gardaí are working with local community groups, refuge accommodation providers locally and the various domestic violence support groups, linking in with the legal profession and schools, to highlight the challenges and dangers that are out there for younger people, particularly when they are socialising at night. It is really important that we play our role in this House in resourcing and strengthening the laws, but there also is a wider societal aspect. We had a fantastic discussion about this recently, in which we recognised that we all, men and women, need to play our part.
I will not dwell on this much further other than to say the Minister is correct about the role of community gardaí, which has been expanded in recent years. There is a sensitivity and awareness of the issues, particularly in domestic situations. I am thinking in particular of the Garda personnel in Naas, including Superintendent Oliver Henry, Garda Gary Cogan, Garda Shane Smith and others, who have responded so well and have really been to the fore in community policing and engaging with, and getting to know, people in those situations and the dynamics that apply.
I am sure that is replicated in every district in the country. That is part of the solution, along with all the things the Minister has mentioned. A societal, educational and attitudinal shift is required here. It has taken us a couple of millennia but better late than never.
We all know the local gardaí in our community. We have probably, over the past couple of years, gotten to know some of the members of the DPSUs and those who deal with very difficult and quite severe cases on a day-to-day basis. However, that is not necessarily the first place that a person will go. It is making sure that people know that the garda in the local station is there to support them and that the garda has a certain level of training. While there is specific, in-person training for the people of the DPSUs, there is also training for front-line gardaí to make sure that whether it is a victim of sexual or physical assault, or coercive control, which is an area that has finally been recognised in our domestic violence laws, they are able to respond and provide the appropriate support, resources and information in the particular situation. Key to that are the relationships they have within the community. I know Deputy Murnane O'Connor is very focused on the development of new refuges and accommodation to make sure there is a place for people to go when they go to the Garda station and cannot go home. Gardaí do considerable work in this area and it is important that we continue to support them.
Question No. 8 replied to with Written Answers.
Judicial Appointments
James Lawless
Ceist:9. Deputy James Lawless asked the Minister for Justice if there are any plans to increase the number of judges; and if she will make a statement on the matter. [26123/22]
I acknowledge a very productive session with the Minister today at the Joint Committee on Justice on the Judicial Appointments Commission Bill 2022, which will reform and transform the way we appoint judges going forward. However, there remains a significant gap between the numbers we have on the Bench and those of our European neighbours and international comparators. It is imperative that the Government does everything it can to address that.
Our priority is to ensure that the courts are resourced to administer justice efficiently and effectively for citizens in their access to justice. The Government endeavours to fill judicial vacancies at the earliest opportunity and a number of such vacancies have been filled in recent times. In order to bring more strategic focus to this, the Minister established a judicial planning working group in April 2021, in line with commitments in the programme for Government and the justice plan action to "Establish a working group to consider the number of and type of judges required to ensure the efficient administration of justice over the next five years". Any further judicial resourcing needs will ultimately be informed by the report and recommendations of this group.
To help inform the work of this group, the OECD was commissioned to prepare an independent review of judicial resources, including benchmarks against international comparators. Due to the complexity of evaluating the data and analysis underpinning the research, it has taken longer than originally anticipated for the OECD to complete its work. Its final report is expected shortly and the Minister has just received an interim progress report from the chair of the working group. The latest indications are that the group expects to produce its final report this autumn having considered the OECD research.
As the Deputy will be aware, in the interim, the Government has already provided additional resources to the High Court, where the number of judges was increased by five last year, from 37 to 42, with the enactment of the Civil Law (Miscellaneous Provisions) Act 2021. In addition, section 8 of the Act provided for the number of High Court judges to be exceeded by a further one, should the Government, at the request of the Minister, having consulted with the Minister for Public Expenditure and Reform, form the opinion that it was necessary due to the volume of business and to ensure the efficient administration of justice. The Minister brought a memorandum to Government on 19 January 2022, with a recommendation to have that additional High Court post filled. With that appointment to the High Court, the complement of High Court judges is now six more than it was on 1 October 2021.
I acknowledge the good work the Minister of State is doing on the gambling regulation Bill, the report on which we published recently in the committee, along with the Minister and others. Judicial numbers is a concern that I may not have expected at the outset of this Dáil term. When we began hearings at the Joint Committee on Justice, almost without exception, the witnesses on a variety of topics and areas expressed a concern that the number of judges on the Bench was inadequate. This affects a number of areas in the judicial system, in terms of the administration of justice, trials waiting to be heard, victims of domestic violence waiting to get their day out and many others who cannot have their issues resolved because of the lack of judges.
I know that the numbers are quite low. Unfortunately, we rank towards the bottom of the European league table in terms of the number in the Judiciary per head of population. I appreciate that the Minister was out of action at the time, but I was concerned by a comment made by the Minister, Deputy Humphreys, in recent months about the effective cost of a High Court judge, that being the salary cost. It is approximately €100,000 to €150,000. That is a very populist and narrow way to approach the issue. We should be looking not at the salary of individuals but at the number divorces, criminal trials, legislative amendments and civil or commercial matters over which they will preside.
The Deputy is well over time with his response.
The cost of one salary per year pales into insignificance when compared with the cost of court sitting day after day for a full year. It is an unfortunate comparison and I hope it is not reflective of the Government's attitude.
The judicial planning working group is looking at the very things about which the Deputy is concerned. We will be using those data from the OECD to assess the need in terms of judges, at present and going forward, in order that we can have an evidence-based, informed understanding of the need we have for additional judges in this country. The working group's report will inform that and the Government's decision-making. I should point out that the recent appointments and expansion in the number of High Court judges represent one of the largest increases in judges in recent memory and a very significant investment by the State in judicial resources. Once that working group reports, it will give us a better foundation for assessing exactly what is needed in the State in terms of increasing the number of judges.
I welcome that response and the acknowledgement from the Government of the position. The statistics tell us that Ireland has 3.3 judges per 100,000 people, compared with an average of 21 judges per 100,000 people throughout the OECD and the EU. I know the Minister of State has acknowledged that in his response, which I welcome. It strikes me that in terms of the moves in recent years, such as the abolition of town councils by a previous Government and the moves away from subsidiarity and local representation, the moves away from judges per capita mean that decision-making and administration of justice, local government and even our administration of the powers over the people are being taken away, at every stage, from the people further back. We should not allow that to happen. It would be remiss of me not to mention Naas district, where one single judge presides over what is probably the busiest district in the country. Cork has four judges. Limerick has three judges and Dublin has multiple judges. However, Naas, which the numbers reflect as being one of the busiest districts in the commuter belt, if not the country, has a single judge presiding. I ask the Government to consider whether that needs to be tackled, perhaps with an additional judge for the Naas district.
I will support Deputy Lawless on that. In the past couple of weeks, I have spoken to many people in the legal profession. The consistent problem they kept bringing up, both in civil and criminal cases, was the long delays because of the absence of judges. One of the issues that was raised with me was how courts moving away from the small provincial towns to larger courts in different areas had an impact. Making sure we have enough judges to administer law effectively and efficiently is one of the problems. It is not efficient at present and that needs to be addressed.
The working group will inform and give us an evidence base. In the past, when we were assessing increasing the number of judges, it was done in an ad hoc manner. The purpose of what we are doing now is to make sure that we have an evidence-based assessment as to how many judges we need and trying to forward-plan into the future to have those judges, as we need them, when we need them. There will also be an interim report from this working group, which will be very much considered by the Government when it is provided.
Question No. 10 replied to with Written Answers.
An Garda Síochána
Martin Kenny
Ceist:11. Deputy Martin Kenny asked the Minister for Justice when she plans to publish the implementation plan for the Garda Síochána Inspectorate report on corruption; and if she will make a statement on the matter. [26067/22]
I will ask the Minister about the plans she has to publish the implementation plan for the Garda Síochána Inspectorate report on corruption. I understand that some progress is being made on this but we need to see delivery in this area, as soon as possible.
The recommendations contained in the Garda Síochána Inspectorate report, Countering the Threat of Internal Corruption – A review of counter-corruption structures, strategies and processes in the Garda Síochána, are extremely important.
They are positive recommendations which have the potential to greatly strengthen how the threat of corruption is dealt with in An Garda Síochána and to develop a shared understanding of the threat of corruption across the broader criminal justice sector. The Deputy will be aware that this is the first self-initiated inspection conducted by the inspectorate following consultations with a number of key stakeholders, including An Garda Síochána, the Policing Authority and my Department. I clarify for the Deputy that the purpose of the inspection was not to identify or investigate specific incidents of corruption within An Garda Síochána. Instead, in keeping with the inspectorate’s mission, the purpose was to examine and make recommendations to strengthen the organisation's effectiveness in preventing, detecting and mitigating the threat of internal corruption. The inspection also assessed the structures, strategies and processes in An Garda Síochána, benchmarking them against a range of commonly accepted counter-corruption functions which help to support a modern police service to operate effectively.
The final report, published in March 2021, included 34 recommendations, of which 30 were directed at An Garda Síochána, three at my Department and one at the Department of Transport. I acknowledge it has taken longer for an implementation plan to be brought forward and I would have liked for it to be complete at this stage. There has been extensive engagement between my Department and An Garda Síochána on the development of a specific implementation plan which will address all 34 recommendations. We are at an advanced stage in that process. We have broad agreement on actions to implement each recommendation and it is expected that the plan will be brought to Government and published shortly. It will certainly be done before the summer recess.
The publication of the implementation plan will build on a number of recent initiatives which have made progress in this area. While there are 34 recommendations, much work has been done already and the gardaí have moved to implement some recommendations. The Garda Commissioner signed the integrity at work pledge with Transparency International and nominated Transparency International Ireland as the specialist body to provide independent advice to Garda personnel on protected disclosures. I will mention others in a supplementary reply.
Many key findings of the report point to there being no strategic analysis of the risk of corruption or the dangers of corruption that may exist in many aspects of An Garda Síochána's work. Like many parts of our public service, the garda's work is based on trust. We have to trust that the person in the organisation will deliver and is doing the best for everyone concerned. Deputies Bríd Smith and Carthy asked a question about Shane O'Farrell, which reminded me of this. In the end, this comes to the core of many of the scandals, inquiries and investigations that we have had over the years. When there is a mistake or a problem, the instinct has always been to cover it up. That in itself is corruption and the biggest corruption we have had in An Garda Síochána over the years. There is a tendency to immediately cover up. When that cover-up is investigated or questioned, the cover-up is covered up and we end up with layers of problems. That has caused significant issues and needs to be looked at with regard to corruption in An Garda Síochána.
The role of the inspectorate is to benchmark overall policing performance of the gardaí. It is not just the work they do in the community and how they engage with people, but it is also about looking at the structure to see where there is need for improvement and to make sure the core operations and how they carry out their work are improved. As I mentioned earlier, I just came from an event where the Garda Commissioner said that, over the last 100 years, gardaí have not always got it right. They have made mistakes and even apologised for mistakes made. It is about what the gardaí do when they are made aware of those mistakes. There are 34 recommendations, with 30 being for the gardaí, and before we have even made an implementation plan, they have moved to make those changes and acknowledged that the changes are needed.
The Garda Commissioner established the anti-corruption unit in 2020. The unit has a national remit to prevent, detect and investigate corruption and criminality committed, or suspected of being committed, by gardaí or Garda staff. A deputy commissioner was appointed who is responsible for strategy, governance and performance as senior police leader with responsibility for counter-corruption in An Garda Síochána. Several anti-corruption policies were developed and published. The Deputy might be aware that I brought forward the Garda Síochána (Functions and Operational Areas) Act 2022. This contains provisions to support the introduction of regulations in relation to substance misuse testing. Many things have been done to date.
I appreciate there has been work and advancement. One area which requires focus is gardaí carrying out work outside of their work as gardaí. Sometimes that has compromised them and others around them. The work that they often engage in after retiring from An Garda Síochána also needs to be looked at. There is a network that has developed over the years that certainly needs to be brought to an end, because it is not a reflection of the kind of professionalism that we should see in a police service that is there to serve the public. Anything that can be done about that is welcome. I know the Garda Commissioner is aware of it and is trying to come up with solutions. Deputies in every county in the country will give examples of it. It is not a party political issue, but happens across the board. Everyone knows about the cosy arrangements that have been in place in the past and that have not been healthy or good. They need to be brought to an end.
It is important to be clear that if people sign up to become members of An Garda Síochána, they have signed up to the rules and regulations and have to adhere to them. The Garda Commissioner has been clear about making sure all members of An Garda Síochána understand and adhere to them. If people retire, they are entitled, within the law, to continue working or engaging in an area that they have spent their entire lives working in, in the same way as the Deputy or I would be if we retired. When people retire, the vast majority do not go home, go on holidays and spend their time in their gardens. Many people use the expertise and knowledge they have built up over many years to support communities and to continue to support people in different ways. The report identifies some failures and where the gardaí need to make improvements. The gardaí have accepted that. It is taking longer than we would like to publish it but it will be published before the summer term. The fact that the gardaí have already started to implement it and made progress shows that this is not being forced on them. It is something they welcome. As we look to the next 100 years, we want to make sure they are stronger than ever.
An Garda Síochána
Alan Dillon
Ceist:12. Deputy Alan Dillon asked the Minister for Justice if she will outline her ongoing support to the Garda Síochána Inspectorate; the mechanisms for monitoring and appraising its performance; when she expects the An Garda Síochána strategy statement 2022-2024 to be published; and if she will make a statement on the matter. [26132/22]
I am asking this question on behalf of Deputy Alan Dillon. Will the Minister outline her ongoing support for the Garda Síochána Inspectorate and the mechanisms for monitoring and appraising its performance? When does she expect An Garda Síochána's strategy statement 2022-2024 to be published? Will she make a statement on the matter?
The Garda Síochána Inspectorate was established in 2006 and is supported by the Department to ensure that adequate financial resources are provided each year through the Estimates process. The inspectorate is entirely independent in the performance of its functions and the three inspectors are supported by a small team seconded from my Department. The budget allocation in 2022 is €1.362 million and there are nine staff members currently seconded. The mechanisms by which my Department monitors and appraises the performance of the Garda Síochána Inspectorate are set out in the oversight agreement 2022-2023, which was signed in February 2022. This document is publicly available on my Department’s website.
My Department’s criminal justice governance function has primary responsibility for the oversight of all criminal justice agencies, including the Garda Síochána Inspectorate. This team uses a number of mechanisms to carry out these duties. As set out in the oversight agreement, at least two formal meetings with the inspectorate are held every year. Through these meetings, my officials gain a detailed insight into both the inspectorate’s performance on its agreed upon targets for the year and its adherence to the principles of good governance.
In between formal governance meetings, the inspectorate provides my Department with an in-depth update on its performance. Outside of these formal meetings and reports, there are regular, less formal engagements between my Department and the inspectorate as the need arises, including regular engagement at a senior level with the chief inspector. Together, these measures ensure that my Department is consistently well informed about the inspectorate's performance in relation to its targets. The Deputy also inquired about An Garda Síochána's strategy statement 2022-2024. Under section 21 of the Garda Síochána Act 2005, the Commissioner prepares the strategy, which must have regard for Government policy, the policing priorities as determined by the Policing Authority, the policing principles, and the resources available. The Policing Authority approves the strategy, with the consent of the Minister. The Garda Commissioner has obtained approval from the Policing Authority for the new strategy for 2022 to 2024 as well as the policing plan for 2022. In addition, the Policing Authority has determined new policing priorities following public consultation, research, and reflection on the previous three years. As Minister, I have consented to the strategy, which will be shortly laid before the Oireachtas.
Considering the strategy for 2022 to 2024 and the ongoing review that the Minister outlined, are there major changes in the approach the Garda is taking in particular areas to help to reduce the level of crime?
Are there what might be called substantial major changes in the approach that the Garda is taking in particular areas as regards helping to reduce the level of crime? That might be in respect of the broad range of areas of criminal activity. Are there any major changes in the new strategy that is to be laid before the House?
I will outline how it was developed and that might give an indication of where changes were more focused this year. An Garda Síochána took account of a broad spectrum of views in the formulation of the strategy statement. Focus groups were held with nine ethnic and culturally diverse groups from within our communities, including the Laois African Support Group, the LGBTQ+ Sligo IT, the Father Peter McVerry Trust and the Ballinamore direct provision centre. We have formal correspondence seeking the views and input from Departments as well as local authorities, non-governmental agencies and community representatives as well as individual members of the public. An Garda Síochána also sought input from the public in assisting in the development of the strategy, which closed in May of last year. The overall objectives are translated into operational measures through the day-to-day activities of policing, that is, everything from detecting crime to dealing directly with victims, looking at specific types of criminal activity including domestic violence through our DPSUs or types of fraud. It is quite a broad spectrum. I can get the Deputy a copy of the strategy for this year, which will give him more detail.
In arriving at the strategy for 2022-2024, and looking at previous strategies, were goals set out in those previous strategies? Could more have been done? Do we need to always keep two-year strategies under review to see what additional support the Garda needs in the course of its duty and in trying to deliver a safe place for everyone to live in?
Absolutely, the intention of the strategy and the fact that it is not a ten-year strategy but for a much shorter timeframe is so that it can respond to the needs and requirements of communities and the population more generally. I do not have the details in front of me but if the Deputy reads some of the previous strategies, there will be certain priorities that roll over and that are included on a continuous basis as issues arise. In more recent years there has been a particular focus on online fraud, what is referred to as romance fraud and different types of crime that are now being committed through the advancement of technology. That is not something that would have been part of an overall strategy of An Garda Síochána a number of years ago. Every year the Garda builds on the work that is done, where there is further work that is needed or where there is a clear priority that would always need to be there. Where there are new issues that arise, through the engagement with the groups such as those I mentioned in this particular term, they will identify where there are particular concerns within communities, be they new and emerging concerns or existing ones. Those specific issues are put into the policing strategy. I do not have the current strategy in front of me but I will be able to get a copy for the Deputy.
Legislative Measures
Pearse Doherty
Ceist:13. Deputy Pearse Doherty asked the Minister for Justice the status of reforms to the duty of care through amendments to the Occupiers’ Liability Act 1995; and if she will make a statement on the matter. [26130/22]
Small business and community groups across the State continue to suffer from unaffordable insurance. The Action Plan for Insurance Reform committed that proposals to rebalance the duty of care would be brought to the Oireachtas by amending the Occupiers' Liability Act and the Civil Liability Act and that these measures would be brought before the Government by June 2021. That deadline was missed by quite a bit. On 17 May 2022, nearly a year later, the Minister proposed legislative change and published the scheme of these proposals. Will the Minister outline the proposals and the timeline for their implementation?
Insurance reform is a key priority for this Government and for me. It is reflected in the programme for Government, the Government’s Action Plan for Insurance Reform, and in my own justice plan for 2022. This is a whole-of-government effort.
My Department has responsibility or part responsibility for 34 of the 66 actions contained in the action plan, or approximately half. We have 26 that are now complete, including the introduction of the personal injuries guidelines, the enactment of the Criminal Justice (Perjury and Related Offences) Act 2021 and, significantly, the establishment of the Insurance Fraud Coordination Office, which was opened by An Garda Síochána last July. I would have liked to have brought forward the amendments to the Occupiers' Liability Act prior to 17 May, when the heads of the Bill were published, but that is not to say that a huge amount of work has not been done within my Department. I acknowledge the work done by officials.
Last week, I received Government approval to reform duty of care legislation. I propose to amend a number of sections of the Occupiers’ Liability Act, in line with the Government policy objective. I believe these proposals strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, but making sure there was personal responsibility put back on individuals, customers and members of the public as well. The amendments contain four key developments: first, inserting into primary law a number of recent court decisions that rebalance the duty of care owed by occupiers to visitors and recreational users; second, changing the standard to clarify that when the occupier of a property has acted with reckless disregard for a visitor or customer, it is the standard of reckless disregard rather than reasonable grounds that should apply in any consideration of liability; third, limiting the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto a premises for the purpose of committing an offence, which is unfortunately something we have seen in recent years; and, fourth, allowing for a broader range of scenarios where it can be shown that a visitor or customer has voluntarily assumed a risk resulting in harm. What is important here is that this applies to parents as well when they are bringing children into a playground or areas where there is a potential risk.
In terms of the timeframe, we brought forward the amendments and set out the heads of the Bill last week. The intention is that it would be part of the upcoming Court and Civil Law (Miscellaneous Provisions) Bill 2022, which I hope to publish this side of the summer.
I thank the Minister. Small businesses, community groups in her own constituency and, right across the State, voluntary organisations are priced out of the market because of the crisis in insurance reform. Unfortunately, reform is happening at a snail's pace. This key legislative change is being supported across the House. We have been calling for this for years. The campaigners have been calling for it for years. Finally when the Government agrees to do it, it misses its own deadline by a year.
We now have proposals before us. The first is to amend the Occupiers' Liability Act to take account of recent case law that rebalances responsibility between the occupier and the visitor, including taking into account the probability of an accident occurring, not just its occurrence, and the probable severity of an injury resulting from that occurrence. Another is to amend the Act by replacing reference to reasonable grounds or reasonable action with whether an occupier acted with reckless disregard to the person or property. Can the Minister clarify the class of persons to whom this will apply in respect of reckless disregard? Are we talking about visitors, customers or trespassers? What classes of persons will all of this apply to?
On the second point in respect of the second change in the standard, to clarify that where an occupier of the property has acted with reckless disregard for a visitor or customer, we are referring to the publican, shop owner or local council if it is a playground it owns. In a recent example given to me, a farmer is asked if a hunt can go across his or her land. The test previous to now had been of reasonable grounds, which left it very open for the occupier who perhaps had not done anything wrong or been reckless but an accident simply had happened and the onus was put back on him or her. The standard must be higher now so there must be a reckless disregard. If a hunt is going through a field and a farmer has given them permission but has left old machinery and spikes sticking up out of the ground, or there is a child using a playground where there is a piece of equipment that is not properly tied on or there is an accident, there is a reckless disregard there. This is to make sure that there is a threshold where one must show that somebody has been reckless and really disregarded a person's safety where they have given permission to be on the premises or on the land, site, building or other area.
A further proposal is to insert provisions regarding voluntary assumption of risks into the Occupiers' Liability Act. Its aim is to prevent plaintiffs from bringing claims where they have knowingly or willingly put themselves into a position that could lead to harm and injury to themselves. Under the Civil Liability Act 1961, for an occupier to be relieved of liability for this reason there must be a written agreement in place to evidence a voluntary assumption of risk. The purpose of this proposal, I understand, is to remove that requirement for a written agreement so that it is enough for an occupier to demonstrate by reference to words or conduct that the visitor voluntarily assumed risk.
Does the Minister accept that the success of this proposal, like many of the others she is making to rebalance the duty of care, will ultimately depend on how the courts interpret these provisions? Could she give us some guidance on her understanding of that? Could she give a definitive timeline for this legislation and its implementation, for which we have been waiting years?
On the last point, only this weekend the son of somebody I know fell off the very top of a slide and fractured his arm. It is not possible to sue somebody because it is an accident that happened at home. Given how the law is written, even if there is a sign up in a playground, a "Floor wet" sign in a shop or a sign that states "Enter at your own risk", it does not seem to matter in the courts. It does not seem to be something that can be used to show a warning was given. What we are talking about here is rebalancing to account for what is reasonable where something is broken or not put in place properly where there is a sign stating "You enter the playground at your own risk". However, where somebody has an accident in the same way that one could happen at home, there has to be an assumption that he or she has taken a risk at a certain level. If a person, through due diligence, puts up a sign to make the information clear, the law, as currently written, does not take it into account. I acknowledge that people have been waiting for what has been proposed. We are working closely with the insurance alliance group and others to make sure we get this right because it applies not only to businesses but also to community groups. I hope to introduce the measure as part of the miscellaneous provisions Bill before the summer. Depending on the Oireachtas, we hope to have it implemented as soon as possible thereafter.
An Garda Síochána
Martin Kenny
Ceist:14. Deputy Martin Kenny asked the Minister for Justice the current status of the report of the high-level group considering the role of An Garda Síochána in the prosecution system; and if she will make a statement on the matter. [26065/22]
I want to find out the current status of the report on the high-level group considering the role of An Garda Síochána in the prosecution system and would like the Minister to make a statement on the matter.
As the Deputy will be aware, the recommendation of the Commission on the Future of Policing in Ireland on this issue was accepted in principle at the time of publication, subject to further evaluation of the implications, including resource implications, how best it might be achieved and the timing of implementation. A high-level review group, HLRG, on the role of An Garda Síochána in the public prosecution system was established in September 2020 to conduct this evaluation and recommend a preferred option for consideration by the Government. The group is to report to the Government via the Department of the Taoiseach to take account of the independence of the Office of the Director of Public Prosecutions, DPP.
I am grateful to the chair of the group, a former Secretary General to the Government, Mr. Dermot McCarthy. His group comprises representatives of stakeholders, including relevant Departments, the Judiciary, An Garda Síochána, the DPP, the State Solicitors Association, the NGO sector, academics and legal practitioners. The group's work will be grounded in empirical analysis, applying the experience and expertise of its members, to prepare recommendations for the Government. In considering the implications of changes to this system recommended by the Commission on the Future of Policing in Ireland, the group will have particular regard to international best practice and the experience of relevant jurisdictions that made changes to their prosecution systems over recent years; the experience of operating different prosecution procedures in the Dublin metropolitan region by comparison with the rest of the country; and the cost of current practices and policies to serve as a benchmark in evaluating options for change.
The group submitted an interim report to me on its work in accordance with its terms of reference in the first quarter of 2021. While not strictly required under its terms of reference, a second interim report in respect of the group's activity during 2021 was submitted late last year.
The group is very conscious of the need to ensure that Ireland's prosecution system fits within the international standards and norms expected of a developed democracy and to take advantage of the lessons learned in other jurisdictions in their experience of reforming their prosecution services.
With the international research and a time-and-effort survey within An Garda now completed, I understand the group has developed a broader insight into the nuances of the public prosecution system and is well placed to finalise its work. The recommendations are to be the subject of the group's final report to the Government. It is expected that the group and chair will be in a position to complete the report during the second quarter of this year - again, before the summer. Therefore, we have a lot coming before the summer.
It is going to be a busy couple of weeks. I am aware of the work done on this. It needs to be considered very carefully because it is quite unusual that the investigating authority or service is also the prosecuting service. That is the case regarding many aspects of what An Garda Síochána does. Other jurisdictions have a different system that has served them better. The recommendation that needs to be examined comes from recognising that the current process has its shortcomings. I look forward to the full report. I believe there was a report on this in the mid- to late 1990s and there was a recommendation that no changes be made. Circumstances have changed and advanced since then and I believe we seriously need to reconsider the role of the Garda in carrying out prosecutions, particularly serious criminal prosecutions.
I acknowledge the independence of the Office of the DPP and the great work carried out by it in conjunction with An Garda. It is important, however, to ensure that we update our legislation, the office and how it operates. The group is engaging with academics and relevant experts and examining other jurisdictions, as the Deputy has mentioned. It has considered the experience of common law jurisdictions and those which operate under the general jurisprudence of European victims' rights law or its equivalent; jurisdictions where changes have taken place in the conduct of prosecutions, especially with regard to the role of the police, which is what we are talking about here; and the role of law enforcement and non-policing agencies in prosecutorial regimes, including decisions to prosecute and the conduct of prosecutions.
The review and scope of the work being done by the group led by the former Secretary General to the Government are quite broad. The group is not considering the Irish system alone; it is taking best practice into account. It is considering the systems of other jurisdictions where there have been changes and where there are other prosecutorial mechanisms. I look forward to seeing the report and will not pre-empt it.
We have had two interim reports but we will move to try to implement the recommendations as quickly as possible.
Will the report cover the oversight of investigations? In most other jurisdictions, there is some form of judicial oversight, particularly regarding serious crime, to ensure that everything is done correctly and properly. There is a barrister or other individual in charge of the investigation to ensure everything is done as it should be. The majority of Garda investigations, even the most serious kinds, are carried out properly, but sometimes we have difficulties. Additional oversight in respect of that needs to be considered. Is that part of this process?
The DPP is independent of my office and has the power to issue directions in all cases to An Garda, and An Garda must comply. Where the Garda does not comply and where concerns are raised, the Garda Síochána Ombudsman Commission, GSOC, has a role. Individuals with specific concerns can go to it and gardaí can raise concerns themselves. The review covers several areas, and I do not want to pre-empt what will come of it. Obviously, we will share it with the Deputy and others when completed.
An Garda Síochána
Bríd Smith
Ceist:15. Deputy Bríd Smith asked the Minister for Justice the details of proposals by the Government to reform GSOC; the accountability or oversight by Dáil Éireann or by another body that the current structure allows for; the mechanism that is available to revisit previous commission investigations that may have failed to discover facts or wrongdoing; and if she will make a statement on the matter. [26135/22]
My question relates to the final point the Minister made in respect of the previous question, namely, GSOC and the role it plays. Could she give details on the plan to reform GSOC, the accountability or oversight by Dáil Éireann or another body that the current structure allows for and the mechanism available to revisit GSOC investigations that may have failed to discover facts or wrongdoing? Could she make a statement on the matter? I am thinking about the Terence Wheelock case in particular. It is an obvious one to mention in respect of failure. The real question is-----
Unfortunately, we are out of time.
Will we have the ability to look back at cases that clearly failed?
I will give a very short reply. The policing, security and community safety Bill contains proposals for the improvement of GSOC. These are to expand the remit of the body to include Garda staff and allegations that come to light other than by way of a complaint from a member of the public and provide that all complaints, other than minor service-level-type complaints, will be investigated by the body itself.
The Bill will streamline investigation procedures to support timely, transparent and effective resolution of complaints and investigations. At the moment there is a twin-track process where you have to decide if it is civil or criminal at the outset and then go back if that is not the case. We are trying to streamline that in order that it is one simple process. There will be restructuring of the body itself, replacing the current three-person commission with an ombudsman and deputy ombudsman model, so that the organisation will have a clear and publicly identifiable leader for the first time. We will provide for office holders to be appointed by the President on the nomination of Government following a selection process by the Public Appointments Service. We will continue to invest. We have seen a significant increase in funding to GSOC in recent years and that will continue. It is not just to carry out its functions, but to expand on its team and staff. In relation to being able to go back on cases, I am informed that it will be possible but there will be a threshold. We will set out in detail in the legislation what that threshold will be, whether, for example, the emergence of new evidence or something else coming to light that is substantially different to the case that had been brought about. It will be a matter for GSOC to decide whether it can be reopened, but the possibility will be there.
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