Richard Boyd Barrett
Ceist:10. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the referendums he is planning after the blasphemy referendum of 26 October 2018. [43912/18]
Amharc ar fhreagraReferendum Campaigns
Ceisteanna (10)
Freagraí scríofa
Under the timetable approved by Government on 26 September 2017, it is proposed to hold a referendum on divorce together with the European Parliament and local elections in 2019. In that regard, I am advised that the timeframe for the European Parliament elections is 23 to 26 May 2019.
The Government has decided to support the Thirty-fifth Amendment of the Constitution (Divorce) Bill 2016, a Private Member's Bill introduced by Deputy (now Minister) Josepha Madigan. I am currently considering the question of the scope of the amendment that might be proposed, taking into account the issues raised by Deputies at the Committee Stage debate on the Bill. I intend to bring proposals to Government in that regard shortly, with a view to publishing early in the New Year the Government's proposal for an amendment on divorce.
The referendum on a woman's life within the home (Article 41.2 of the Constitution) did not proceed as planned in October as the Bill to amend the Constitution was not passed by both Houses of the Oireachtas in time. The Joint Oireachtas Committee on Justice and Equality conducted pre-legislative scrutiny of the general scheme of the Bill on 19 and 26 September and I understand that it will launch its Report on the matter on 6 December. Following this, I will consider how this matter might be taken forward.
Question No. 11 answered orally.
Magdalen Laundries
Ceisteanna (12)
Catherine Connolly
Ceist:12. Deputy Catherine Connolly asked the Minister for Justice and Equality if testamentary evidence from women and relatives or friends providing corroborating information will be given equal, if not superior weight, as the records of the religious orders in respect of applications to the Magdalen restorative justice ex gratia scheme; and if he will make a statement on the matter. [49815/18]
Amharc ar fhreagraFreagraí scríofa
The Government is committed to complying with all of the recommendations of the Ombudsman in relation to the operation of Magdalen Restorative Justice Ex Gratia Scheme. In relation to the Ombudsman's principal recommendation that the Scheme should be applied to women who worked in the laundry of one of the 12 'Magdalen' Institutions and who were resident in one of 14 adjoining institutions, the Addendum to the terms of the scheme giving effect to this recommendation has been finalised and published on the Department's website - www.justice.ie.
Letters have issued to all persons known to date to my Department who may be eligible for an award under the terms of the Addendum. These letters do not seek any information which the Department already has and any additional information sought is necessary to process the applications in as timely a fashion as possible. Further, the letters to the women concerned make it clear that any further relevant information sought relates to work in the laundry in as much detail as they can remember.
The Addendum provides that the first phase of processing a completed application is the making of a provisional assessment as to whether the applicant comes within the scope of the scheme. This assessment will be made based on the records of the institutions concerned, where available, and any other relevant records or statements, which may indeed include the applicant's testimony and in some cases testimony from other persons. If an applicant has any difficulty in obtaining records or if another form of practical assistance is requested, my Department will be glad to assist.
On this basis, a decision will be made as to whether on the balance of probabilities the applicant comes within the scope of the scheme. In addition, for those cases where there is insufficient documentary evidence available to make an assessment on their case, an interview process is in place so as to facilitate a fairer assessment of a woman's application. Each application will be assessed individually on its merits. The weight given to testamentary evidence will be decided on the unique facts and circumstances of each case.
I will take this opportunity to say that to date almost €27 million has been paid to 711 women under the scheme. Also, in line with two other recommendations of the Ombudsman, a Senior Counsel, Mary O’Toole, is carrying out a review of assistance to applicants who lack capacity to accept an award and a review of those cases where there is a dispute in respect of length of stay in a Magdalen Institution. Significant progress has been made in relation to the capacity cases, all of which have now been resolved and award payments have either been made or are in the course of being made.
Garda Misconduct Allegations
Ceisteanna (13)
Bríd Smith
Ceist:13. Deputy Bríd Smith asked the Minister for Justice and Equality if he will consider new legislation or new regulations to prevent members of An Garda Síochána from retiring when they are subject to an ongoing investigation into their conduct in view of recent cases; and if he will make a statement on the matter. [49789/18]
Amharc ar fhreagraFreagraí scríofa
The issue raised by the Deputy’s question is a very complex one. It is, however, based on the proposition that an investigation must, necessarily, relate to an individual rather than to conduct which falls below acceptable standards. For the sake of clarity, let me say that if a member, or indeed, former member of An Garda Síochána is accused of a criminal offence, then it is of no consequence whether that person is, or was or remains a member while the criminal investigation is on-going. The position may be different if the investigation is one of a non-criminal nature and for which the ultimate sanction may be some form of disciplinary process. Clearly a former member cannot be subject to disciplinary sanction.
I’m sure the Deputy can see the difficulty which will arise if a member seeks to retire from An Garda Síochána and it is sought to prevent him or her doing so, even where an investigation of a disciplinary nature into his or her conduct is underway.
But let me say that it is a matter to which my Department will be giving consideration in the context of new legislation which will arise in the implementation of the Report of the Commission on the Future of Policing. One possible option is to provide in law, as has been done in the UK, that a member remains subject to some form of sanction for a period after retirement in respect of a finding of a breach of discipline for actions which occurred prior to his or her retirement.
As the Deputy will be aware, in early 2017 the Government approved the drafting of the heads of a Bill to address a number of operational issues that had been brought to the attention of my predecessor by the Garda Síochána Ombudsman Commission - GSOC.
In May 2017, the Commission on the Future of Policing in Ireland was established and its remit involved reviewing the police oversight architecture including how complaints against members of An Garda Síochána are handled.
GSOC prepared a case for fundamental reform of the legislation relating to its structure and operation. One of the matters covered in GSOC's proposals was one which would make it possible to delay the retirement of a member who is under investigation. Given its remit, I referred these proposals to the Commission as an input to its work and I am aware that GSOC engaged with the Commission in its own right.
As the Deputy will be aware, the Commission on the Future of Policing in Ireland published its report on 18 September. One of the Report’s recommendations is that GSOC’s existing mandate to investigate allegations of criminal behaviour against members who have retired or resigned should be continued under any new complaints body. It also recommended that the investigation of incidents relating to former staff which do not involve alleged criminal behaviour should also be addressed in its remit. It is worth emphasising that the report stated that the complaints body should investigate incidents rather than individuals. The Government noted this Report on publication and my Department has consulted widely on the issues raised including with GSOC and with the Garda Commissioner in advance of my returning to Government in December with a high level implementation plan.
That high level plan is being prepared at the moment, taking into account the Commission Report itself and the observations of interested parties, including GSOC. Without wishing to pre-empt the Government's consideration of the Report in December, I can say that the proposals in relation to GSOC are ones that I broadly support, though the detail will have to be teased out in the drafting of legislation to give them effect.
Garda Operations
Ceisteanna (14)
Alan Farrell
Ceist:14. Deputy Alan Farrell asked the Minister for Justice and Equality if An Garda Síochána has the necessary resources for policing operations over the Christmas period; and if he will make a statement on the matter. [49665/18]
Amharc ar fhreagraFreagraí scríofa
In the first instance, I want to clarify that it is the Garda Commissioner who is responsible for the allocation of the very substantial resources that An Garda Síochána receives. I do not interfere in policing matters nor can I direct the Commissioner where to deploy resources. The allocation of Garda resources is solely a matter for the Commissioner, in the light of identified operational demands over the festive season and is not a matter for which I, as Minister, have direct responsibility.
The resources available to the Commissioner have reached unprecedented levels. I am pleased that Budget 2019 provides for the continuation of this increase in resources with an increase of €110 million in the Garda Vote to bring total provision available in 2019 to €1.76 billion which includes up to €95 million for the payment of overtime.
Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities including the need ensure community safety and the safety of our roads over the festive season, when there can be seasonal increases in burglary, public order and road traffic incidents and offences. To ensure that optimum use is made of resources policing plans are put in place by Divisional Officers which address the particular needs of each Division taking into account of seasonal factors which can have a bearing.
One such initiative is the Lock up Light Up campaign which is part of Operation Thor and encourages homeowners to protect their homes over the winter months, when burglaries traditionally tend to rise. I am informed by the Garda Commissioner that Operation Thor has led to concentrated Garda activity resulting, as of 18 November 2018, in over 168,636 targeted checkpoints and 234,277 crime prevention patrols nationwide. This concentrated policing activity against burglary and property-related crime has produced in the region of 8,837 arrests and 10,143 charges covering a range of offences, which, in addition to burglary, include handling stolen property, possession of firearms and drugs offences.
Since the reopening of the Garda College in September 2014, almost 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I look forward to attending the attestation of another 200 recruits tomorrow which will see Garda numbers reach 14,000 by the end of this year. This and on-going recruitment will clearly provide significant additional policing hours throughout the country, both in terms of the increase in new Gardaí and the redeployment of Gardaí to frontline policing duties due to civilianisation of their current roles.
I am informed by the Commissioner that to assist in ensuring that the necessary resources are available for policing operations over the festive period that, following their attestation this Friday the new probationer Gardaí, will be assigned, on a temporary basis, to urban areas including Dublin, Cork, Galway, Limerick, Waterford and Drogheda to increase Garda visibility and support the Divisional Roads Policing Units. Under direct supervision they will play an active role in delivering front line policing services, increasing safety in our communities and on our roads over the coming festive period.
I am satisfied that Garda management is acutely aware of the need to utilise the resources being made available to them in the most efficient and effective manner to ensure high visibility policing in our communities both urban and rural throughout the year including the festive season.
Commissions of Inquiry
Ceisteanna (15)
Bríd Smith
Ceist:15. Deputy Bríd Smith asked the Minister for Justice and Equality if he will commission a public inquiry into a case (details supplied) in view of the fact that the GSOC report on the tragic case has failed to provide answers to the family or the public that are needed to restore confidence in the state criminal justice system and the rule of law. [49788/18]
Amharc ar fhreagraFreagraí scríofa
In the first instance, let me again express my sympathy to the family concerned in this tragic case. As Minister, I am very regularly engaged on this case.
The Garda Síochána Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the Garda Síochána Act Act to enable it to carry out its responsibilities. I do not share the Deputy's implied criticism of GSOC or its report into the tragic case that is the subject of her question.
This Government's position on GSOC is very clear; the Commission has our full support and we are providing it with the necessary resources to perform its important functions. It is incumbent upon this House to respect GSOC's independence, as it is this guarantee of independence which is the hallmark of effective oversight.
As the Deputy will be aware, there is a current investigation being conducted by GSOC into conduct which may lead to disciplinary proceedings against one or more Garda members. That investigation is on-going and I do not propose to comment further at this time. I respect GSOC's independence and it would be entirely inappropriate of me to comment in relation to a continuing investigation.
I can say that I have been informed by GSOC that the outcome of that investigation will be submitted to the GSOC Commissioners as soon as is practicable. Upon receipt of the report, GSOC will, in accordance with section 97 of the Garda Síochána Act 2005, submit a report to the Garda Commissioner outlining its findings. This report will also contain a recommendation as to whether or not disciplinary proceedings should be instituted under the Garda Síochána Disciplinary Regulations against any of the Garda members subject of the investigation.
As I have made clear to the House, both in response to the motion calling for an inquiry and subsequently in response to various Parliamentary Questions, it is imperative that the independence of the Ombudsman Commission be respected and a decision on any further action be deferred until the current investigation is completed. I reiterate the point that the question of what further action might be taken will be fully considered by Government as soon as the GSOC investigation is completed.
I am very mindful of the Dáil resolution passed earlier this year seeking to have a public inquiry to examine the circumstances leading to the death of a young man. In the course of the debate, I made it clear that both I and the Government recognise the failings that occurred in the period leading up to the fatal road traffic incident.
It is worth mentioning that the Dáil motion also referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the courts. I do not need to point out again the statutory or constitutional independence of the DPP, the Courts and GSOC.
Having said that, I am anxious to see how I can progress matters, even while the GSOC investigation continues. Any further investigation, if it is to happen, must be focused on those questions to which answers have not been provided to date, rather than rehearsing what is already known about this tragic case.
To that end, I have written to the Attorney General seeking his advice on how I can best give effect to the wishes of the House. Upon receipt of a response from the Attorney General, I will be in a position to outline how I propose to proceed. In the meantime, it is important that GSOC be given the necessary time and space to complete the investigations free from hindrance and encumbrance.
Surveillance Operations
Ceisteanna (16)
Clare Daly
Ceist:16. Deputy Clare Daly asked the Minister for Justice and Equality the reason the Garda have not been asked to examine allegations of unauthorised surveillance being carried out on prison staff and solicitors, including the placing of traffic devices on cars. [49714/18]
Amharc ar fhreagraFreagraí scríofa
The details of the allegations which were published last week in the Irish Examiner are contained in an affidavit to the Court by a prison officer in relation to a personnel issue. The House will understand that I am constrained in what I can say about these proceedings before the courts. That said, these allegations raise serious issues which need to be addressed.
I have asked the Inspector of Prisons to carry out an urgent preliminary investigation into the allegations to determine as far as possible the facts. This investigation will be a statutory investigation under section 31 of the Prisons Act 2007. This report, when finalised, will allow me to consider whether further steps need to be taken, such as a more formal inquiry.
It should be noted that section 31 (7) of the 2007 Act provides that Governors, other prison officers and other persons employed in prisons shall, as far as reasonably practicable, comply with any request for information that the Inspector may make in the performance of her functions, which include the function of carrying out an investigation under subsection (2). In addition, the acting Director General of the Prison Service has made clear that the Prison Service will co-operate fully with an investigation by the Inspector of Prisons. The Inspector of Prisons will therefore have full access to relevant documentation and personnel in Prison Service Headquarters or elsewhere in the Prison Service in her investigation.
An Garda Síochána are also examining the allegations and I understand they will coordinate, if needed, with the Inspector in relation to her investigation.
Garda Operations
Ceisteanna (17)
Robert Troy
Ceist:17. Deputy Robert Troy asked the Minister for Justice and Equality the measures being taken by An Garda Síochána to ensure welfare of cyclists on the road. [49635/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, roads policing is one of the key policing priorities contained in Garda annual policing plans.
One of the key goals in An Garda Síochána's Policing Plan for the current year was to reduce the number of deaths and serious injuries on Irish roads arising from collisions, including those involving cyclists and pedestrians. I am informed that, to this end, the following measures have been prioritised by An Garda Síochána:
- Targeted multi-agency road safety operations to enforce road traffic legislation;
- Targeted enforcement, based on intelligence and analysis, to reduce serious injuries and fatalities;
- Education and prevention programmes to challenge dangerous road user behaviour; and
- Working with partner agencies and stakeholders to:
- Enhance cyclist, motorcyclist and pedestrian safety;
- Ensure a balanced approach between enforcement and education of young drivers.
I am further informed that the Roads Policing Operations Plan for 2018 was developed with a particular road safety focus on the vulnerable road-user categories of:
- Pedal cyclists;
- Motor cyclists;
- Pedestrians;
- Learner permit holders.
According to the Garda authorities, vulnerable road-users continue to be the most 'at-risk' group on Irish roads. Garda statistics indicate that 9 of the provisional figure of 134 road traffic fatalities that have occurred in the year to 28 November 2018 have been cyclists.
An Garda Síochána is committed to educating all road-users in their attitudes and behaviour and, when necessary, detecting and intercepting dangerous drivers, cyclists and those who refuse to comply with road traffic laws. I am informed that this includes the enforcement of cycle lane access for cyclists during designated hour which is an ongoing challenge.
Of course, road safety is a shared responsibility for all road users and not just the Gardaí, the Road Safety Authority and other State bodies. We must all behave responsibly and considerately on the roads.
The Deputy will appreciate that road traffic enforcement is an operational matter for An Garda Síochána and I have requested an up to date Garda report in relation to any other specific information, as sought by the Deputy, concerning the welfare of cyclists on public roads. I will make contact again with the Deputy on receipt of this report.
Question No. 18 answered orally.
Drug and Alcohol Testing
Ceisteanna (19)
Alan Farrell
Ceist:19. Deputy Alan Farrell asked the Minister for Justice and Equality if he will provide information on mandatory intoxicant testing, MIT, in view of the most recent changes to legislation in this area; and if he will make a statement on the matter. [49666/18]
Amharc ar fhreagraFreagraí scríofa
The Deputy will appreciate that I have no direct role in the operation of Mandatory Intoxicant Testing (MIT) checkpoints, or the enforcement of road traffic legislation, which are operational matters for the Garda Commissioner. However, I have obtained a Garda report on the matters referred to in the Deputy's question.
The Deputy will be aware that my colleague, the Minister for Transport, Tourism and Sport, brought forward the Road Traffic Act, 2018 (the 2018 Act), which came into effect on 26 October 2018. As of that date, a driving disqualification is now provided in legislation for all persons detected of drink-driving.
As the recent legislative amendment only amended penalties being imposed, there are no procedural changes to MIT checkpoints being conducted by An Garda Síochána. I am informed that, since commencement of the 2018 Act, 5,935 MIT checkpoints have been conducted by An Garda Síochána nationally, with 29,516 roadside breath-tests conducted, of which 129 tests indicated a presence of alcohol. Also at MIT checkpoints, 231 oral fluid tests were conducted during the same period, of which 31 indicated a presence of drugs.
I am also informed that, during the same period in 2017, there were 6,074 MIT checkpoints conducted, with 26,538 roadside breath-tests conducted, of which 168 tests indicated a presence of alcohol. Also at MIT checkpoints, 147 oral fluid tests were conducted of which 16 indicated a presence of drugs.
As this legislation only came into effect on 26 October 2018 and the statistics provided are valid to 26 November 2018, it is not possible, at this time, to provide any indication as to whether detections recorded at MIT checkpoints will result in an increase in the number of prosecutions commenced and / or convictions recorded as a result of the enactment of the relevant legislation under the 2018 Act, which primarily only amended the penalties imposed for certain offences to which a Fixed Charge Penalty applies. Ultimately, of course, the aim is not to increase the number of prosecutions but instead to positively change driver behaviour.
An Garda Síochána has confirmed that the statistics provided are provisional, operational and liable to change and relate to tests conducted at MIT checkpoints only and are valid to 26 November 2018.
Garda Resources
Ceisteanna (20)
Niamh Smyth
Ceist:20. Deputy Niamh Smyth asked the Minister for Justice and Equality the capital investment being made in Garda resources in counties Cavan and Monaghan; and if he will make a statement on the matter. [49663/18]
Amharc ar fhreagraFreagraí scríofa
The Deputy will be aware that there has been very significant investment in Garda resources across the State in recent years. €1.65 billion has been allocated to the Garda Vote for 2018 and I am pleased to confirm also that €1.76 billion has been allocated to the Garda Vote for 2019. This is an increase of over 6% over the initial allocation for 2018.
In terms of capital investment, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies and to deliver on reform. €46 million is being made available for investment in the Garda Fleet over the same period, in addition to the investment of almost €30 million in the fleet from 2013 to 2015. A further €60 million exchequer funding underpins the Garda Building and Refurbishment Programme, which is a 5-year programme based on agreed Garda priorities benefiting over 30 locations around the country. This is in addition to the investment of approximately €100 million in development of 3 major new Divisional and Regional Headquarters which have been completed and entered into operation use in 2017 and 2018 at Galway, Wexford and Kevin Street, Dublin.
This significant current and capital investment in An Garda Síochána is in support of the Government’s commitment to ensure a strong and visible police presence throughout the country, to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.
It is a matter for the Commissioner to efficiently manage the resources at his disposal and to determine the allocation of resources across all Divisions, including Cavan/ Monaghan Division, in light of operational requirements. In that regard, I am informed by the Garda authorities that the distribution of resources is kept under continual review to ensure their optimum use.
Further and as the Deputy is aware, the Office of Public Works (OPW) has the responsibility for the provision and maintenance of Garda accommodation. Accordingly, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the OPW.
I am informed by the Garda authorities of a range of capital investment in the Cavan/Monaghan Division, as follows.
A new Garda station will be provided in Bailieborough, County Cavan in the context of the Garda Building and Refurbishment Programme 2016-2021. I am informed that the relevant planning application was lodged in August 2018 and that the OPW is currently examining the submissions received in that regard. It is not possible to give a definitive date for completion of the construction of the new station.
I am informed that in advance of that new development, essential works at the existing Garda station in Bailieborough were completed in 2016, involving enhancements to the public office and safety improvements throughout the building.
In addition, the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. Bawnboy, County Cavan, is one of the 6 stations which will be reopened in the context of that pilot. I am informed that the OPW and An Garda Síochána are continuing to engage in relation to the works required to permit reopening of that station. I understand that implementation of the programme and reopening of all 6 stations is being pursued as a priority and the OPW expects works should be completed in each case in 2019.
Finally, I am advised by the Garda authorities that the strength of the Garda fleet in the Cavan/Monaghan Division was 55 vehicles as at 23 November 2018. I am informed that among the additional vehicles purchased for the Northern Region in 2018, 6 had been allocated to the Cavan/Monaghan Division as at 23 November 2018. I am further informed that an additional 3 unmarked cars will shortly be allocated to the Northern Region, one of which has been prioritised for allocation to Monaghan District by Garda management.
Commissions of Inquiry
Ceisteanna (21)
Donnchadh Ó Laoghaire
Ceist:21. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the progress made towards giving effect to the vote of Dáil Éireann on establishing a public inquiry into the death of a person (details supplied). [49715/18]
Amharc ar fhreagraFreagraí scríofa
In the first instance, let me again express my sympathy to the family concerned in this tragic case. As Minister, I am very regularly engaged on this case.
As the Deputy is aware, the Garda Síochána Ombudsman Commission conducted an investigation into certain matters related to the circumstances surrounding the tragic death of Shane O'Farrell. This investigation arose out of a series of complaints to GSOC from members of the family of Shane O'Farrell. Certain aspects of the case were also referred to GSOC for investigation by a previous Minister.
Both I and the Government have indicated that we recognise the failings that occurred in the run up to this tragic incident.
The outcome of GSOC’s investigation was set out in a report earlier this year, which was provided to the family of Shane O'Farrell. The investigation concluded that no criminal misbehaviour by members of An Garda Síochána was disclosed. GSOC’s investigation found that, while no such conduct occurred which would require criminal sanction, certain aspects were identified as requiring further investigation which may lead to disciplinary proceedings against one or more members. The investigation of those matters by GSOC is still on-going. In the circumstances I do not propose to comment further while the investigation is proceeding.
I can say that I have been informed by GSOC that the outcome of that investigation will be submitted to the GSOC Commissioners as soon as is practicable. Upon receipt of the report, GSOC will, in accordance with section 97 of the Garda Síochána Act 2005, submit a report to the Garda Commissioner outlining its findings. It will also contain a recommendation about whether or not disciplinary proceedings should be instituted under the Garda Síochána Disciplinary Regulations against any of the Garda members subject of the investigation.
While the Deputy's Question refers to the motion passed by the House in June this year, I have previously made clear to the House that it is imperative that the independence of the Ombudsman Commission is respected and that there is no improper interference with its investigations.
The motion referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the Courts. I would remind the Deputy of the constitutional independence of the Courts and the statutory independence of the Gardaí, the Director of Public Prosecutions and GSOC. These are important matters which must be taken into consideration.
I have been considering the motion passed by the Dáil and I have written to the Attorney General seeking his advice on how I can best give effect to the wishes of the House. When I have received the Attorney's response, I will be in a position to outline how I propose to proceed.
We are all aware of the significant amount of time that the GSOC investigation has taken. I am cognisant of the effect that this must be having on the family. I want to pay tribute to the family for their determination in pursuing the matter. There are clearly lessons to be learned from this tragedy and I am committed to doing all that is possible to ensure that the failings identified are not repeated.
Criminal Injuries Compensation Tribunal Funding
Ceisteanna (22)
John Curran
Ceist:22. Deputy John Curran asked the Minister for Justice and Equality his plans to increase funding in 2019 to the Criminal Injuries Compensation Tribunal to allow it settle and reduce the backlog of cases that has built up in recent years; and if he will make a statement on the matter. [49586/18]
Amharc ar fhreagraFreagraí scríofa
The Deputy will appreciate that the level of resources allocated for the Criminal Injuries Compensation Tribunal, as for any area of the Justice Vote, must be determined having regard to the overall budgetary context and the many demands for funding within the sector. Nevertheless, I can inform the Deputy that I have maintained the current level of funding for a number of years, and again into 2019, and moreover an increased allocation of some €2.4m is proposed as part of a Supplementary Estimate for the Vote in 2018. This is currently going through the parliamentary process.
Garda Reorganisation
Ceisteanna (23)
Donnchadh Ó Laoghaire
Ceist:23. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the status of the development of protective services units within An Garda Síochána. [49719/18]
Amharc ar fhreagraFreagraí scríofa
The establishment by the Garda Commissioner of Divisional Protective Services Units are one of the actions outlined in the Second National Strategy on Domestic, Sexual and Gender-based Violence. The strategy, which is a commitment under the Programme for Partnership Government, is a whole of Government approach, involving seven Government Departments and a number of State bodies, including Tusla and An Garda Síochána.
As the Deputy is aware, another key element of this strategy was the enactment of the Domestic Violence Act in May of this year which improves the protections available to victims of domestic violence, most critically for those victims in crisis situations and is also intended to make the court process easier for victims of domestic violence.
Under the existing Garda reform programme, divisional units of Garda National Protective Services Bureau are being rolled-out in two phases. The Bureau is tasked with improving services to victims, improving the investigation of sexual and domestic violence incidents, and identifying and managing risk.
Phase One of this rollout is completed, with Divisional Units established in three areas - DMR West, Cork City, and Louth Division.
I welcome Commissioner Harris’ comments last week, at the launch of the Dublin Rape Crisis Centre’s 2017 Annual Report, regarding his commitment to the continued roll out of the Divisional Protective Services Units.
Following an evaluation of the pilot, the next phase will see an additional six Divisional Bureaus established in DMR South Central; Waterford; Kerry; Kilkenny/Carlow; Limerick and Galway Garda Divisions before the end of Q4, 2018 with the objective of extending them to all remaining Garda Divisions before the end of 2019. I understand that this objective is on track.
I am informed by the Commissioner that this initiative is being managed collaboratively between the Garda National Protective Services Bureau and each Divisional Officer.
Prison Mental Health Services
Ceisteanna (24)
Mick Wallace
Ceist:24. Deputy Mick Wallace asked the Minister for Justice and Equality his views on the fact that there may be an inadequate level of mental health support for prisoners here as highlighted by a recent report by the IPRT; his further views on the fact that Irish prisons may not be meeting the standards of best international practice; and if he will make a statement on the matter. [49796/18]
Amharc ar fhreagraFreagraí scríofa
It is assumed that the question refers to the Irish Penal Reform Trust (IPRT) report launched on 26 October 2018, called Progress in the Penal System 2018 which is the second in a series of annual reports benchmarking progress in Ireland's penal system. This deals with, inter alia, the issue of provision for mentally ill prisoners.
Before detailing below the services that are available in this respect, I would firstly say that the views of the IPRT are welcome. The provision of appropriate mental health services to those in custody is one of the major challenges to effective healthcare in prisons. Prisons form part of society and those in custody must not be discriminated against in terms of their mental health.
To address this issue, an Interdepartmental Group, involving representatives from the relevant Government bodies, has been established to examine issues relating to people with mental illness who come in contact with the criminal justice system Its first interim report was published in September 2016. That deals with how diversion could be facilitated, where appropriate, at all stages of the criminal process up to the conclusion of a criminal trial.
The second report of the Interdepartmental Group explores matters relating to mental health services for prisoners and persons subject to community sanctions, matters relating to patients detained under the Criminal Law (Insanity) Act 2006 and post-release mental health services for former prisoners. This report is currently being finalised and will be published on completion. Upon publication of the second report, the work of the Interdepartmental Group will be complete and the implementation of their recommendations will then be considered.
In addition, a general review of healthcare in the prisons is being carried out by a Working Group involving officials from my Department, the Department of Health and the HSE. This flows from a report in 2016, from the then Inspector of Prisons on Healthcare in the Irish Prison Service.
Currently, a range of mental health services are available to prisoners, in collaboration with the Health Service Executive (HSE) and involving the National Forensic Mental Health Service (NFMHS).
In-reach mental health services involving the provision of weekly forensic mental health sessions are available in the Dublin and Portlaoise prisons. The HSE also provides specialist in-reach, psychiatric services to those in custody in Limerick and Cork prisons.
The Irish Prison Service has access to a limited number of places in the Central Mental Hospital for prisoners who require residential mental health treatment. There is currently an average of 25 prisoners each week awaiting transfer to the Central Mental Hospital, and the NFMHS has acknowledged the challenge of access for prisoners to in-patient treatment beds. It is anticipated that the opening of the new Central Mental Hospital in 2020 will help address capacity issues for prisoners in need of in-patient treatment.
The HSE has confirmed that approval has been granted for the appointment of a consultant-led team to Castlerea, Limerick, and Cork prisons. The HSE has also advised that difficulties have been encountered in recruiting a consultant psychiatrist for Castlerea Prison.
The NFMHS also provides an assessment and liaison service for all other prisons where a prisoner requires a forensic assessment, or access to an admission bed in the Central Mental Hospital. Consultant Forensic Psychiatrists are leading these services and can be supported by Non-Consultant Hospital Doctors, Community Psychiatric Nurses, and Social Workers.
Two dedicated areas have been established for the provision of high support to vulnerable prisoners with mental illness; D2 wing in Cloverhill Prison (for remand prisoners), and the High Support Unit in Mountjoy (for sentenced prisoners). Both units provide a dedicated area within the prison where mentally ill and vulnerable prisoners, who present with a risk of harm to self or to others, can be separated from the general prison population and closely monitored in a safer environment. A psychiatric in-reach and Court Liaison Service is available at Cloverhill Prison. The diversion service ensures, as far as possible, that those people presenting before the courts, or indeed at an earlier stage of the criminal justice system where the infraction is a reflection of an underlying mental illness, are referred and treated appropriately. This approach has reduced the number of mentally ill people committed to prison.
The IPS Psychology Service plays a key role in the provision of mental health services for people in custody. In conjunction with the multi-disciplinary team the Psychology Service provides various evidence-based primary, secondary and tertiary care talking therapies for people in custody who experience mental health difficulties.
The Irish Prison Service is in the process of further developing the Psychology Service in order to better meet the mental health needs of those in custody.
The Irish Prison Service has also developed a bespoke mental health training programme for staff, which is currently being delivered to all staff. In addition, all persons in custody in closed prisons have access to the Samaritans Listeners Scheme.
Closed-Circuit Television Systems
Ceisteanna (25, 31, 50)
Martin Heydon
Ceist:25. Deputy Martin Heydon asked the Minister for Justice and Equality the number of CCTV schemes that have been approved for funding since the scheme commenced; if all local authorities are now signed up to the scheme; and if he will make a statement on the matter. [49791/18]
Amharc ar fhreagra
Brian Stanley
Ceist:31. Deputy Brian Stanley asked the Minister for Justice and Equality the progress made to date to resolve the issues regarding data control and storage for community CCTV schemes. [49583/18]
Amharc ar fhreagraDonnchadh Ó Laoghaire
Ceist:50. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he will discuss the most recent developments in relation to community CCTV schemes. [49716/18]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 25, 31 and 50 together.
The Deputy will be aware that CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Neither type of CCTV system may be established without authorisation by the Garda Commissioner under section 38 of the Garda Síochána Act 2005, among other requirements.
Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006 (SI No 289 of 2006). This legal framework requires that any proposed community CCTV scheme must-
- be approved by the local Joint Policing Committee,
- have the authorisation of the Garda Commissioner, and
- have the prior support of the relevant local authority, which must also act as data controller.
This is the legal basis for all community CCTV schemes, regardless of whether or not grant funding is sought from my Department to assist in their establishment. The legal requirement for local authorities to act as data controller for the purpose of community CCTV schemes has been in place since 2006.
The Deputy may wish to note that under the 2005 Act, as amended, the relevant secondary legislation is not a matter for me as Minister for Justice and Equality. Rather, the power to establish the criteria for community CCTV schemes is a matter for the Policing Authority, by order made with the approval of the Government.
In accordance with this legal framework, I understand that the large majority of local authorities have previously undertaken to act as data controllers in the context of specific community CCTV schemes. This has been the case either in the course of the current grant-aid scheme administered by my Department, in connection with the previous grant-aid scheme operated by Pobal on behalf of the Department, or in connection with schemes funded independently by local authorities. I understand from my Department's engagement with the Local Government Management Agency that the total number of local authorities which have undertaken the role of data controller for these purposes amounts to 28 out of the 31 local authorities nationwide.
The Deputy may also wish to be aware that the Data Protection Commissioner’s Office has confirmed as recently as May of this year that it does not have any concerns on the legislative basis for CCTV. However it is currently conducting an audit of the practice, operation and governance of CCTV. We expect findings from this process to be of assistance to all concerned and in particular to local authorities. My Department is also engaging on an ongoing basis with the Local Government Management Agency and the County and City Management Association, to clarify any queries arising and to assist in resolving any concerns.
Finally, the Deputy will be aware that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In furtherance of this commitment, a grant-aid scheme to assist groups in the establishment of community-based CCTV systems in their local areas is being administered by my Department. Eligible groups, including community groups and local authorities, can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000.
There have to date been 27 applications to the scheme. 20 applications have been approved for grants totalling more than €500,000. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.
I am keen to ensure that all interested groups, in both rural and urban areas, take advantage of the availability of this grant aid scheme. If the Deputy is aware of groups wishing to avail of the scheme, I would point out that full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups to apply for this funding through a dedicated email address communitycctv@justice.ie.