Written Answers Nos. 1-25
8. Deputy Joan Collins asked the Minister for Justice and Equality if she is including the historical case of persons (details supplied) in the terms of reference for the commission of investigation into the Guerin report. [1369/15]
Amharc ar fhreagraThe Deputy is referring to the draft Order proposing the establishment of a Commission of Investigation which I published on 19 December 2014, and which includes the terms of reference for the Commission. This Commission of Investigation arises on foot of the recommendations of Mr Seán Guerin, SC, in his report of 6 May 2014 to An Taoiseach, based on his examination of how allegations made by Sergeant Maurice McCabe concerning certain cases connected to the Cavan/Monaghan Garda Division were handled. All of the matters recommended by Mr Guerin SC for inclusion in a Commission of Investigation are included in the terms of reference.
The case referred to by the Deputy is amongst the complaints being considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.
I would assure the Deputy that where further investigation is recommended by the review then that will occur. However I would also make the point again that in many cases, counsel may recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.
Where counsel do recommend further investigations, I will be very strongly guided by that advice. Clearly, there are a number of possible options for further investigations, in particular by way of referral to GSOC, but any recommendation for referral of a case to a commission of investigation will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing commission or the establishment of a separate commission.
9. Deputy Paul Murphy asked the Minister for Justice and Equality if she will report on changes to be made in the Garda National Immigration Bureau to end long queues outside its office on Burgh Quay in Dublin; and if she will make a statement on the matter. [1406/15]
Amharc ar fhreagraI first of all wish to assure the Deputy that there are currently no queues and all applicants for services at the public offices on Burgh Quay are dealt with on the same day.
I have already provided the Deputy with a comprehensive response to a similar question on 11th December last. The public offices in Burgh Quay service two separate functions – one dealing with non-EEA nationals seeking to register and renew their permission to be in the State, a function which is carried out by the Garda National Immigration Bureau (GNIB) and a separate function dealing with applicants for re-entry visas to allow for short trips outside the State, usually for holidays. This latter function is carried out by staff of Irish Naturalisation and Immigration Service (INIS) and it is in connection with this function, rather than the registration function, that the issue with queuing arose before Christmas.
As I informed the Deputy on that occasion, neither I, as Minister, nor my officials wish for any applicants for services provided by my Department to feel that they have to queue outside office hours for long periods, particularly in the cold weather conditions which prevailed at that time. In this particular case, there is absolutely no need to do so because, unlike the registration functions, it is not a requirement of the re-entry visa applicants to turn up in person. Applications may be made by registered post and many thousands of applications are processed annually in this way.
That being said, there was, during December last, an unprecedented level of demand for re-entry visas – well above volumes of previous years. Given this sudden increase in demand, decisive action was taken with significant additional resources re-deployed to the re-entry visa office with the result that by the end of the first week in December, all the postal applications on hand had been dealt with and all persons who came to the public office were dealt with on the same day. That continued to be the case right through December and is so to date.
To avoid a recurrence of such unexpected demand and queues developing, I have asked my officials to bring forward their proposals for the introduction of an on-line appointment service for the re-entry visa process. Design of the system is underway and is now expected to be in place by the end of the first quarter of this year.
This is part of the wider reform programme for the more effective and efficient delivery of immigration services which is underway. This includes the transfer of registration functions from the GNIB to INIS. This presents opportunities to streamline both registration and visa re-entry services and INIS will be extending its on-line services to the registration area as part of this process.
In relation to the current registration process operated by the GNIB in Burgh Quay, this function is working normally with all callers being dealt with on the day so there is no requirement to queue for this service.
Obviously, it would be ideal if all immigration related business could be done through the postal system (as can currently be done in the case of re-entry visas) or through on-line services. However, in common with the operation of immigration functions in other States, immigrants seeking to register are required to present in person at the offices of the Minister. This is necessary for establishment of identity and as an anti-fraud measure. Accordingly, we must devise systems that meet the needs of our customers while at the same time maintaining appropriate checks and balances within the system. I believe the reform programme underway will achieve both of these aims.
11. Deputy Niall Collins asked the Minister for Justice and Equality the way she plans to address the increasing scourge of burglaries in urban and rural areas; the latest statistics on this issue; the way she plans to ensure crime statistics are reported in an accurate manner; and if she will make a statement on the matter. [1402/15]
Amharc ar fhreagraTackling burglary is a joint priority for both myself and the Garda Commissioner, and I assure the Deputy that I am in ongoing contact with the Commissioner with a view to ensuring that there is an effective policing response in place, and that Garda operations take account of evolving trends and patterns in burglary offences.
An Garda Síochána pursue a range of strategies to tackle this type of crime, including in particular the coordinated national strategy targeting burglary, Operation Fiacla. This was introduced in early 2012 and has had considerable success. As of the end of December 2014, 11,688 persons have been arrested, and charges have been brought against 6,711 persons under Operation Fiacla.
I am further advised that specific burglary related operations have been implemented in each Garda Region, in support of Operation Fiacla, to target suspect offenders, disrupt their activities and secure their attendance before the courts.
Operation Acer commenced in the Dublin Metropolitan Region (DMR) in March 2012. Operation Acer is an intelligence driven operation; and includes analysis-led checkpoints and patrols to target specific areas and case-manage targeted offenders. Operation Acer led to a reduction in burglaries in Dublin by 5% in 2013.
However it is accepted that has been an increase in recorded incidents of burglary in Dublin in recent months. This increase is worrying but I am advised that Gardai are responding to this increase, with a new operational response having been put in place as part of Operation Acer. This includes particular focus on identifying and targeting criminal groups who have played a large part in the recent increase.
A further and related operation, Operation Creeper, assists in the surveillance of Acer targets by monitoring their movements. As a result of the recent burglary increase in Dublin, this Operation has been tasked solely with targeting burglary suspects and several Acer targets have been arrested as a result.
Similar regional operations complement Operation Fiacla throughout the country and a key focus is the targeting of the highly mobile criminal gangs involved in burglary. These groups are being identified and disrupted on a continuous basis by specialist Garda units.
All of these Garda initiatives operate alongside ongoing community policing measures, including ongoing liaison with businesses and households in providing crime prevention advice and assistance to victims of burglary.
My Department and I are continuing to engage closely with the Garda authorities about these measures and their impact, and I am determined that those who invade and disrupt the lives of the public in this way are dealt with robustly.
In addition to the Garda response, I have commenced a broader review of the Criminal Justice system’s response to the problem of burglaries. This will include a particular focus on inter-agency measures in relation to offender management.
Insofar as the question of crime statistics are concerned, as the Deputy will be aware, responsibility for the publication of such data rests with the Central Statistics Office as the national statistics agency. Following the publication of the recent Garda Inspectorate Report on Crime Investigation, the CSO is carrying out a detailed analysis of certain issues raised by the Inspectorate and while this process is underway the CSO has not been in a position to publish more recent definitive figures.
12. Deputy Mick Wallace asked the Minister for Justice and Equality her views on commissioning an independent report of the statistics regarding prostitution and trafficking; the impact of the proposed legislation to criminalise the buyer on sex-trafficking, along with a comparison of all other models, and not just the Swedish model; and if she will provide the methods and resources An Garda Síochána will be expected to use in the investigation and detection of the proposed offence. [1413/15]
Amharc ar fhreagraOn 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill 2014, which amongst other proposals, creates two new offences of purchasing, in the context of prostitution, sexual services. My primary concern, in introducing these provisions, is to vindicate the human rights of those trafficked for the purpose of sexual exploitation. Over 80% of women trafficked are the victims of sexual exploitation.
These proposals were developed following an extensive consultation process, initiated by my Department in 2012, including a Discussion Document which presented an objective analysis of the approaches adopted in other jurisdictions to address prostitution. I would draw attention to a March 2014 Council of Europe Report entitled "Prostitution, trafficking and modern slavery in Europe". That Report reviews the approaches adopted in a number of countries and concludes that member states should consider "criminalising the purchase of sexual services, based on the Swedish model, as the most effective tool for preventing and combating trafficking in human beings". There is no suggestion that this approach adopted by a number of countries is in conflict with international human rights requirements. Indeed in February 2014, the European Parliament adopted a resolution advocating this approach. The Joint Committee on Justice, Defence and Equality has also recommended criminalising the purchase of sexual services by means of prostitution.
Independent statistics on crime, including prostitution and related offences, are collated and published by the Central Statistics Office (CSO). In addition to the material collated by the CSO, the Anti-Human Trafficking Unit of my Department has, since January 2009, operated a data collection strategy in relation to human trafficking. The purpose of the strategy is to gain a more informed view of the nature and extent of trafficking in human beings in Ireland in terms of what was being encountered by both governmental and non-governmental organisations. The data is published by the Anti-Human Trafficking Unit in its Annual Report. Because of the hidden nature of these activities, there are limitations with relation to the statistics. However this applies to all jurisdictions and I am not aware of any other approach that would provide more accurate and objective statistics.
The purpose of the new offences is to send a clear message that the purchase of sexual services in the context of prostitution is unlawful and the evidence suggests that making an act unlawful does in itself influence behaviour. There will of course be some prosecutions and of course as with any covert activity, this can present challenges. The Deputy however will appreciate that this is an operational policing matter and one which will properly be dealt with by the Garda authorities, in accordance with the provisions of the legislation. The trafficking of persons and the organisation of prostitution is a feature of organised criminality and the Garda Síochána is already strongly committed to the disruption of the organised crime networks behind this activity.
13. Deputy Mick Wallace asked the Minister for Justice and Equality if she will provide in detail the action taken by her on the findings of the Garda Inspectorate report chapter relating to the Guerin report and the Secretary General vacancy in her Department; and if she will make a statement on the matter. [1416/15]
Amharc ar fhreagraAs the Deputy will no doubt recall, I requested the Garda Inspectorate to consider the issues identified in the report by Seán Guerin SC relating to Garda practices and procedures which come within the Inspectorate's remit. The Inspectorate included this work in its report on Crime Investigation which was published on 11 November 2014. That report deals with the issues identified by Mr Guerin in an addendum, and groups them into themes which are covered in the main body of the Inspectorate’s report. In respect of each theme, the addendum indicates the issues identified in the report by Mr Guerin, and relates them to the relevant findings and recommendations of the Inspectorate.
The Garda Inspectorate notes in its report that it was not within its remit to duplicate Mr. Guerin's work but rather it set out to review the process issues raised in his report which are relevant to Garda practices and procedures. This was in the context of the Inspectorate's statutory remit to ensure that the resources available to An Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration.
The Inspectorate did not include any additional recommendations as a result of its consideration of the matters highlighted in the Guerin Report and concluded that the majority of the issues raised in the report in connection with crime investigation were consistent with the Inspectorate's findings as part of their overall examination of Garda practices and procedures.
As such the issues identified therefore fall to be addressed as part of the overall process to carry forward the recommendations contained in the Inspectorate Report.
In this regard, as the Deputy will be aware, when I published the Inspectorate report I welcomed it as forming an important component in the overall justice reform programme underway. Implementation of this programme, including the reforms recommended by the Inspectorate is being overseen by the Cabinet Committee on Justice Reform, chaired by An Taoiseach.
There will also of course be a central role for the new Police Authority and Garda Commissioner in implementing the identified reforms. An Garda Síochána has already taken important steps to follow through on the Inspectorate’s recommendations with the establishment of an Implementation Steering Group to immediately focus on the implementation of the short, medium and long-term recommendations in the Report, and I am engaging with the new Commissioner on this process. In particular, the Garda Policing Plan is being revised to take into account changes being made as a result of the recommendations contained in the report.
In addition, in advance of the establishment of the Policing Authority, I intend to hold discussions with Josephine Feehily, the Chairman-designate, on the establishment of an effective implementation framework to oversee delivery of reforms in An Garda Síochána.
I should add that the question of the appointment of a Secretary General is not an issue addressed in either the Guerin report or the Garda Inspectorate Report.
14. Deputy Joan Collins asked the Minister for Justice and Equality if she will provide the cases included in the commission of investigation and the procedure to add cases into the investigation into the Guerin report. [1368/15]
Amharc ar fhreagraThe Deputy is referring to the Commission of Investigation being established on foot of the recommendations of Mr Seán Guerin, SC, in his report of 6 May 2014 on how allegations made by Sergeant Maurice McCabe concerning certain cases connected to the Cavan/Monaghan Garda Division were handled. I published the draft Order proposing the establishment of this Commission of Investigation on 19 December 2014. The draft Order includes the terms of reference for the Commission. All of the matters recommended by Mr Guerin SC for inclusion in a Commission of Investigation are included in the terms of reference.
In terms of the possibility of adding cases to the remit of this commission of investigation, I presume that the Deputy may have in mind some of the allegations of Garda misconduct which are being reviewed by an independent panel of counsel. This panel consists of two Senior and five Junior Counsel, all selected on the basis of their experience of the criminal justice system, and the purpose of the review is effectively to triage the allegations with a view to determining to what extent and in what manner further action may be required in each case. The review of each complaint will consist of an examination of the papers in the matter by a counsel from the panel. Following the review of each allegation a recommendation will be made as to whether any further action is desirable and could practicably be taken.
I would assure the Deputy that where further investigation is recommended by the review then that will occur. However I would also make the point again that in many cases, counsel may recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process, such as an investigation by GSOC or a court hearing, even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.
Where counsel do recommend further investigations, I will be very strongly guided by that advice. Clearly, there are a number of possible options for further investigations, in particular by way of referral to GSOC, but any recommendation for referral of a case to a commission of investigation will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing commission or the establishment of a separate commission.
15. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her views on the recommendation from the Oireachtas Committee on Justice, Defence and Equality for the establishment of a criminal justice inspectorate similar to that in place in Northern Ireland. [1328/15]
Amharc ar fhreagraI am of course familiar with the recommendations of the Oireachtas Committee on Justice, Defence and Equality concerning the establishment of a Criminal Justice Inspectorate similar to the Criminal Justice Inspection in Northern Ireland. The Committee's recommendation was made in the context of its review of the operation of the Garda Síochána Act 2005. The Deputy will be aware of the comprehensive programme of Justice reform which is underway and the Government is grateful that it has had the benefit of the Committee's consideration of a wide range of matters relevant to the reform programme.
The Deputy will also be aware of the progress already made under the reform programme including the appointment of the new Garda Commissioner following the first ever open competition for the post, as well as the publication of proposals for important new legislation relating to the establishment of an independent Police Authority and also to strengthen of the powers of the Garda Síochána Ombudsman Commission.
Independent inspection is a valuable component in a properly functioning criminal justice system and it is for this reason that we already have well established inspection bodies in place in the form of the Garda Inspectorate and the Inspector of Prisons. A proposal to establish an overarching inspection body is certainly worthy of further consideration but clearly it would need to take account of a wide range of factors, not the least of which would be the impact and interaction with these existing inspection models. It would also be useful to study the experience derived from the operation of the Criminal Justice Inspection body in Northern Ireland, and to take into account of course its origin in the review of criminal justice arrangements which followed the Good Friday Agreement.
Such an examination would be a substantial exercise requiring extensive consultation and analysis and as such I would not be in a position to commit to any particular process in advance of making further progress on the immediate issues which have been identified as part of the justice sector reform programme. Nevertheless I regard it as a helpful proposal which clearly deserves detailed consideration and I would be happy to discuss it further with the Committee at a suitable opportunity.
16. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if her attention has been drawn to the severe reduction in number of gardaí for the Dublin central area, 65 in Store Street and 300 overall; her plans to address this; and if she will make a statement on the matter. [1320/15]
Amharc ar fhreagraOne of my priorities is to maintain and enhance the capacity of An Garda Síochána to protect the public, and in particular to prevent and detect crime. It is true that Garda strength has been affected by retirements, and that is why I was very pleased to be able to secure approval for the resumption of Garda recruitment. As the Deputy will be aware, 100 new recruits entered training at the Garda College in Templemore in September 2014, the first intake of Garda recruits since 2009 . This was followed by an intake of a further 100 new recruits in December. A further intake of 100 is due to enter training at the end of this month. This will bring to 300 the number of recruits in the Garda College since last September and is a measure of this Government's commitment to the Garda Síochána. The first intake of recruits will attest as members of the Garda Síochána in May of this year and will be assigned to Garda Stations by the Garda Commissioner.
It is of course a key objective of the Garda Commissioner to allocate all of the resources at her disposal in a manner which maximises their impact on the protection of the public and on the prevention and detection of crime. In that context, Garda management keep under continuing review developments in relation to security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of resources.
As part of this strategy, Garda management recognise the importance of responding to new and emerging crime trends and related issues. A recent example of a proactive Garda response is the coordinated approach being taken in the Dublin City centre area in which Gardaí are acting in close cooperation with Dublin City Council, the Homeless Executive and the HSE to address a range of issues, including the anti-social behaviour in the City Centre area. I fully support the steps being taken by An Garda Síochána in cooperation with other stakeholders, and I am confident that policing measures such as these, in Dublin and across the country, will make a significant contribution to public safety.
17. Deputy Seán Kyne asked the Minister for Justice and Equality the impact the new proposed international protection bill, which will introduce a single application process for seeking asylum, will have on the Immigration, Residence and Protection Bill; and if she will make a statement on the matter. [1404/15]
Amharc ar fhreagraThe principal objective of the proposed International Protection Bill will be the introduction of a single procedure for the examination of applications for international protection in Ireland. This arises from the commitment in the Statement of Government Priorities 2014-2016 to legislate to reduce the length of time an asylum applicant spends in the direct provision system through the establishment of a single applications procedure. In order to achieve the early implementation of a more streamlined procedure I am, therefore, proposing that the Government fast-track specific legislation in the asylum area. I am committed to ensuring that this legislation be brought forward as a matter of urgency and I intend to publish the General Scheme of the International Protection Bill, once approved by Government, in the next few weeks. This fast-tracked legislation will deal with the key issues of qualification for international protection, examination and assessment of applications for international protection, the rights and entitlements of persons determined to be eligible for international protection and effective remedy against refusal of international protection. The Bill will be in compliance with the United Nations Refugee Convention and related EU Directives.
My objective is to reform the current multi-layered and sequential system which remains very susceptible to judicial review and can result in applicants being accommodated in the State's system of direct provision for indeterminate periods of time. The introduction of the single procedure, together with other reforms in the proposed Bill, will enhance our capacity to efficiently grant international protection to those who are entitled to it. At the same time, it will identify, at a much earlier stage, persons who have no entitlement to stay in the State and who can safely return to their country of origin.
This approach does not lose sight of the other necessary elements of legislative reform in this area. Work on an Immigration and Residence Bill will also continue by reference to such further matters as the visa regime, entry into the State, residence, removal from the State while also dealing with specific challenges such as those of human trafficking and marriages of convenience. In this way any development of the respective Bills will give mutual support to the ongoing roll-out of reform of our immigration regime while also allowing the Government to be responsive to the present and very pressing need for a single procedure for the examination of applications for international protection in this jurisdiction.
18. Deputy Brendan Smith asked the Minister for Justice and Equality if her attention has been drawn to the urgent need to provide new accommodation for Bailieborough Garda district headquarters, County Cavan; if this project is likely to proceed to construction in 2015; and if she will make a statement on the matter. [1398/15]
Amharc ar fhreagraThe programme of replacement and refurbishment of Garda accommodation is based on requirements which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works, which has responsibility for capital expenditure in this area.
In that regard,I am informed by the OPW that the acquisition of a site for development of a new District Headquarters in Bailieborough has been identified by An Garda Síochána as a priority for 2015.
I am further informed by the OPW that a review of State owned sites in the area was conducted to identify any suitable sites for the development of a new Garda Station in Bailieborough. No suitable State owned site was identified. The OPW will shortly place a notice in local and national media seeking offers of suitable sites.
I am informed by the Garda authorities that the provision of a new Garda District Headquarters at the location referred to by the Deputy will continue to be pursued in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote of the Office of Public Works.
19. Deputy Niall Collins asked the Minister for Justice and Equality the appointment procedure for the incoming chairperson of the Garda Síochána Ombudsman Commission; if there has been further correspondence or meetings between her Department and GSOC following the publication of the findings in the Cooke report; and if she will make a statement on the matter. [1401/15]
Amharc ar fhreagraMr Simon O'Brien, the Chairperson of the Garda Síochána Ombudsman Commission, has recently indicated that he intends to resign his position, with effect from 30 January 2015, to take up a position in the UK. Mr O'Brien has made an important contribution to his role as the Chair of GSOC as well as his previous role as Deputy to the Chief Inspector in the Garda Inspectorate, and I wish him all the best in his new career.
With regard to the vacancy arising on foot of Mr O’Brien’s resignation, the appointment of members of the Ombudsman Commission is governed by section 65 of the Garda Síochána Act 2005. This stipulates that the Commission consists of 3 members, all of whom are to be appointed by the President on the nomination of the Government, following the passage of resolutions by both Houses of the Oireachtas recommending the appointments. The 2005 Act requires that the Government must be satisfied that persons nominated have the appropriate experience, qualifications, training or expertise for appointment having regard to the functions of the Commission.
The Government will now, in accordance with the 2005 Act, consider the question of a nomination for the position of Chairperson of GSOC.
My Department is in regular contact with GSOC, both by way of correspondence and meetings, and this has continued to be the case subsequent to the publication of the report by Judge Cooke. I personally met with the members of GSOC, most recently on 27 November 2014.
20. Deputy Niall Collins asked the Minister for Justice and Equality the progress that has been made in establishing a cross-Border commission of investigation into alleged sexual abuse within the provisional movement in Ireland and Northern Ireland; the engagement she had with her Northern counterpart on this issue; and if she will make a statement on the matter. [1403/15]
Amharc ar fhreagraIt is worth recalling that the Deputy's Question arises in the context of recent allegations of the rape and sexual abuse of a young woman in Northern Ireland, and her subsequent mistreatment at the hands of members of Sinn Féin and the Provisional IRA. I have met with the woman in question and I should say I admire her bravery in telling her story publicly. It is a pity that those who have questions to answer in relation to her mistreatment could not find it in themselves to be as forthright and forthcoming.
I have discussed this matter with the Northern Ireland Justice Minister, David Ford, on a number of occasions, most recently when we attended the Plenary Meeting of the North South Ministerial Council in Armagh in December last. This provided us with an opportunity to discuss further the issues arising in respect of the allegations of sexual abuse committed by republican paramilitaries that have come to light in recent months.
The Deputy will appreciate that An Garda Síochána is investigating information in this regard which it received towards the end of last year and these investigations are ongoing. Inevitably, these will take some time to complete. There are also specific, independent review and inquiry processes underway in Northern Ireland by the Director of Public Prosecutions and the Office of the Police Ombudsman. It is essential to allow the relevant authorities – the child protection and the police services and others – North and South to carry out their ongoing work in this regard unimpeded. It is important also to continue to encourage people with any relevant information to come forward to the authorities.
Given the strong public concern about potentially ‘hidden’ child abusers in our communities, and given also the concerns of victims of abuse, I will continue to address with Minister Ford the need and potential for an additional inquiry or inquiries. We will consider any issues which emerge from the current and ongoing reviews and inquiries, and we will keep in close contact to review progress with these. I will meet with Minister Ford again in the near future and we will have an opportunity to review these issues. We have tasked officials in the two Justice Departments to examine, in tandem with the various investigations that are under way, legal and practical issues that might arise relevant to the issue of the establishment of forms of inquiry, and they will report on this to me and Minister Ford.
Of course, it is in the nature of it, that the establishment of an inquiry or parallel inquiry processes inevitably raises complex legal and other practical issues, and these complexities will have to be examined closely in order to ensure that where any such processes are put in place they would not simply become bogged down or derailed by legal complexity.
I would add that there is a range of support services for victims of sexual abuse available in both jurisdictions. Minister Ford and I will keep this under review and we will continue to work closely together in the context of the forthcoming implementation of the EU Victims’ Directive.
21. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will confirm that the criminal justice working group recommended by the Garda Inspectorate in its report The Fixed Charge Processing System - A 21st Century Strategy has now been established; if so, the progress of its work in implementing the Garda Inspectorate's recommendations; and if she will make a statement on the matter. [1325/15]
Amharc ar fhreagraThe Criminal Justice Fixed Charge Processing System (FCPS) Working Group was established in March 2014 to take forward the Garda Inspectorate's recommendations on the operation of the FCPS. The Group is jointly chaired by my Department and the Department of Transport, Tourism and Sport. An Garda Síochána, the Courts Service, Road Safety Authority, Revenue Commissioners, Director of Public Prosecutions, the Department of the Environment Community and Local Government, and the Office of the Attorney General all participate in the work of the Group.
I, along with my colleague the Minister for Transport, Tourism and Sport, received the Group's first progress report last July. The report sets out substantial progress with respect to the implementation of the Inspectorate's immediate and short term recommendations directed to An Garda Síochána including the introduction of a new Fixed Charge Processing System Manual which came into effect in June 2014. The report also details the work commenced, mainly via a number of specialised subgroups, to consider and advance the Inspectorate's medium and long term recommendations. A further progress report is expected from the Group within the next few months.
22. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her views on the recommendation of the Oireachtas Committee on Justice, Defence and Equality that there would be one Ombudsman for An Garda Síochána rather than a three person GSOC led by a chairperson. [1327/15]
Amharc ar fhreagraThe Deputy will, of course, appreciate the comprehensive programme of justice reform the Government is undertaking and the substantial progress already achieved and I am grateful for the Committee's input on a wide range of relevant matters. The Committee's recommendation was made following its review of the operation of the Garda Síochána Act 2005.
The recommendation made by the Committee in relation to the composition of GSOC is being examined in the context of the programme.
23. Deputy Denis Naughten asked the Minister for Justice and Equality her plans to publish the criminal justice (sexual offences) Bill; and if she will make a statement on the matter. [1272/15]
Amharc ar fhreagraOn 27 November 2014, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. The General Scheme includes wide ranging provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of EU, UN and Council of Europe legal instruments. The Bill will also implement the recommendations of a number of Oireachtas committees, reform the law on incest and update the Sex Offenders Act 2001. In addition, the Bill will provide for new offences of purchasing, in the context of prostitution, sexual services.
As the Deputy will appreciate, this is a complex piece of legislation which addresses a number of sensitive issues. The Bill is priority legislation and is currently being drafted, with a view to publication later this year.
24. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality her views regarding the recent report of the Ward Union blatantly ignoring legislation outlawing the hunting of stags at Clonmahon House in County Meath as confirmed by video evidence and a complaint to Trim Garda station; and the measures she will take to ensure that the law is upheld and that her Department is not being undermined by the hunters claiming they accidentally come across stags. [48274/14]
Amharc ar fhreagraI am informed by the Garda authorities that the matter referred to by the Deputy is currently under investigation by Gardaí at Trim Garda Station and any breaches of legislation which may come to light will be properly pursued. As the matter remains under investigation the Deputy will appreciate that it would not be appropriate for me to make any further comment on the specific issues raised.
25. Deputy Mick Wallace asked the Minister for Justice and Equality her views that it is acceptable that the Garda has not conducted any searches of US military or troop-carrying aircraft at Shannon airport, in view of the fact that the UN Committee Against Torture specifically stated that in order to comply with our international legal responsibilities regarding torture and suspected renditions, relying on diplomatic assurances was insufficient; and the action she will take in this regard. [1414/15]
Amharc ar fhreagraI am aware of reports going back some time that Irish airports, particularly Shannon, have been used for the unlawful inter-state transfer of detainees (‘extraordinary rendition’) by the US authorities.
I would point out, for the sake of clarity, that the Garda Síochána has no role in relation to the inspection of foreign State or military aircraft which, in accordance with international law, enjoy sovereign immunity.
Notwithstanding that, the Government has repeatedly made it clear that extraordinary rendition is an illegal practice which Ireland will not accept. The US authorities have provided clear and unambiguous diplomatic assurances, at the highest level, that Irish airports have not been and would not be used for the purpose of extraordinary rendition. The Government is fully entitled to rely on these assurances.
There is no question of the State having been complicit in the practice of extraordinary renditions.
The recent report of the US Senate related to torture and renditions does not, I am pleased to note, mention Ireland in this regard.
Statutory powers of search and entry are bestowed upon the Garda Síochána under various legislative provisions and when authorised by a judge. However, these powers are exercised in circumstances where a member of the Garda Síochána reasonably suspects that an offence has occurred. These powers can only be used, therefore, where a Garda has a reasonable suspicion supported by some evidence. The mere assertion of wrongdoing by a member of the general public is clearly insufficient in this regard. The Garda Síochána has investigated a range of complaints of alleged unlawful activity at Shannon Airport and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of unlawful activity.
Any person with credible information that Irish airports have been used for any alleged unlawful purpose should report their concerns to the Garda Síochána.
