Written Answers Nos. 1-35
8. Deputy Aindrias Moynihan asked the Minister for Justice and Equality the discussions he or his officials have had with the Office of Public Works or other agencies with a view to progressing the new Macroom Garda station; and if he will make a statement on the matter. [18059/19]
Amharc ar fhreagraAs the Deputy will be aware, very significant capital investment is being made in An Garda Síochána, including investment of €342 million in Garda ICT infrastructure between 2016 and 2021; and investment of €46 million in the Garda Fleet over the same period. Considerable investment is also being made in the Garda estate, to address its deficiencies and provide fit-for-purpose facilities for Garda members and staff, as well as the public interacting with them. This is a significant undertaking, as there are currently 565 stations nationwide.
The Deputy will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.
The Garda Building and Refurbishment Programme 2016-2021 includes the development of new Garda stations in Macroom, Clonmel and Sligo. These stations will be delivered by way of a Public Private Partnership (PPP) arrangement.
The development of PPP projects is progressed under the auspices of the National Development Finance Agency (NDFA). The Department of Justice and Equality and the Garda authorities are working with the OPW to progress this matter, with the input and assistance of the NDFA.
Discussions with the OPW have included direct engagement between the Secretary General of my Department and the Chair of the OPW, as well as ongoing working level contacts. I can confirm that the OPW has agreed to provide its expert services in the design of the three stations included in this PPP.
The establishment of PPP projects can be complex and it is vital to get the projects right at the planning and design stage. I can assure the Deputy that delivery of the new Garda stations in Clonmel, Macroom and Sligo through this PPP arrangement is being pursued as a priority.
Pending delivery of the new stations, I am informed that Garda management and the OPW have been working to improve conditions and facilities at the existing stations.
9. Deputy James Browne asked the Minister for Justice and Equality his plans to revise harassment laws here taking into consideration the impact of cyberbullying on the mental health of a person; and if he will make a statement on the matter. [20940/19]
Amharc ar fhreagraAs the Deputy will be aware, I recently obtained approval to formally draft amendments to the Harassment, Harmful Communications and Related Offences Bill 2017, a Private Member's Bill sponsored by Deputy Brendan Howlin. I intend to bring forward a number of Government amendments to strengthen the provisions of the Bill and to ensure that it will be as effective as possible. I have worked closely with Deputy Howlin on these amendments and I look forward to introducing them at Committee Stage as soon as they are drafted.
The aim of the Bill is to tackle certain behaviours that have become more prevalent online in the last number of years. The Bill will introduce two new offences for the first time to tackle the distribution of intimate images without consent, commonly referred to as "revenge pornography" and "upskirting". The Bill will also extend the offence of sending a threatening, false, indecent or obscene message to cover messages sent by any means of communication.
In relation to harassment, the Bill will extend the current offence of harassment contained in section 10 of the Non-Fatal Offences Against the Person Act 1997 to include all forms of communication to or about another person. I also intend to introduce a distinct offence of stalking, which will cover stalking online and offline.
I appreciate the significant impact that harassment, both online and offline, can have on the mental health of a victim. That is why I am committed to working with my cabinet colleagues to address online harm through the National Action Plan for Online Safety, 2018-2019, a whole of Government approach that sets out in a coherent way the actions that are being undertaken across all Departments and Agencies to protect children and adults in their online engagement.
11. Deputy Clare Daly asked the Minister for Justice and Equality when his attention was first drawn to unauthorised surveillance of prisoners meetings with their solicitors and or surveillance of prison staff; the action he plans to take; and if he will make a statement on the matter. [20938/19]
Amharc ar fhreagra20. Deputy Clare Daly asked the Minister for Justice and Equality when he plans to publish the Inspector of Prisons report into unauthorised surveillance of prison officers in view of recent comments in the media in which he stated that his attention was drawn to a person (details supplied); the rationale for the action he took; and if he will make a statement on the matter. [20939/19]
Amharc ar fhreagraI propose to take Questions Nos. 11 and 20 together.
I assume the Deputy is referring to allegations which were contained in an affidavit made in court proceedings by a prison officer of the Irish Prison Service. These allegations are the subject of an investigation carried out by the Inspector of Prisons on my behalf.
The affidavit, brought in connection with a proposed temporary transfer of the officer concerned, was brought to my officials' attention on 19 November 2018. The allegations were subsequently reported on in the media on 22 November 2018.
These allegations raised serious issues of public concern and I therefore asked the independent Inspector of Prisons, Patricia Gilheaney, to carry out an urgent investigation to determine as far as possible the facts of the matter.
The Inspector has furnished me with a copy of the report of her investigation, carried out under section 31 of the Prisons Act 2007, and I am considering the report in the light of advice from the Attorney General. When that consideration is completed, I will make a decision in relation to the publication of the report under section 31 of the 2007 Act.
The allegations which are the subject of the Inspector's investigation are not those raised by the person whose details are supplied by the Deputy. That person left the prison service in 1989 and subsequently raised a number of issues about activities in the prison service. In 2016 issues raised by him were the subject of an assessment in accordance with my Department’s Protected Disclosures Policy. This assessment concluded that there was insufficient detail to enable further investigation to take place. Concerns raised by the person were also considered by the Independent Review Mechanism (IRM) established to review certain allegations of Garda misconduct and the outcome of that process was communicated to the person concerned.
14. Deputy Mick Wallace asked the Minister for Justice and Equality if he is satisfied that GSOC is receiving all available support in terms of funding and support from his Department; and if he will make a statement on the matter. [21107/19]
Amharc ar fhreagraLet me say at the outset that the Garda Síochána Ombudsman Commission has a hugely important role to play in ensuring that public confidence in the Garda Síochána is safeguarded and as such, it has extensive powers under the Garda Síochána Act 2005.
This Government has always been committed to ensuring that GSOC has the necessary supports and resources in order to fulfil its statutory functions and mandate. As the Deputy will be aware, last year sanction was secured from the Department of Public Expenditure and Reform for an additional 42 staff members for GSOC. This included 5 additional staff for the protected disclosures unit within GSOC.
In her response to the sanctioning of these additional posts, the Chair of GSOC said that this demonstrated real political support for Garda oversight and the additional staff would allow GSOC the ability to fulfil and expand its statutory remit and meet the needs of the community.
In addition to the sanction of new staff, GSOC's budget for 2019 has been increased to €10.7 million which is an increase in core funding of €1.6 million (15%). This increase has enabled GSOC to meet the costs associated with the recruitment of the additional staff that have been sanctioned and I am assured that the overall budget allocation to GSOC for 2019 will ensure that it has the necessary resources to fulfil its mandate.
As well as providing the resources required, last December, the Government endorsed the report of the Commission on the Future of Policing including its proposals for a new, coherent governance and oversight framework for policing in the State. My Department is working as a matter of priority on a Policing and Community Safety Bill which will provide for this new framework including very substantial reform of GSOC and an expansion of their remit.
These reforms, developed in consultation with relevant stakeholders including the oversight bodies, will no doubt require a further strengthening of the resources required to carry out this essential work. Both my Department and this Government are entirely committed to ensuring that the resourcing and governance needs of the new complaints body are met fully.
I believe that these measures demonstrate my commitment to ensuring that GSOC has the necessary resources to effectively fulfil its remit.
15. Deputy Mick Wallace asked the Minister for Justice and Equality his views on the fact that An Garda Síochána is conducting criminal investigations of its own members without the knowledge or participation of GSOC; and if he will make a statement on the matter. [21109/19]
Amharc ar fhreagraI recognise the concerns raised in the Deputy’s question with regard to Gardaí investigating other Gardaí. I know that the Garda Síochána Ombudsman Commission have raised this matter on a number of occasions including more recently.
The House will be aware that last year I secured sanction to increase the number of staff of GSOC by 42 full time equivalents. These additional staff, when fully deployed, will allow GSOC to reduce the time taken for investigations as well as enable it to carry out more investigations without referring complaints to the Gardaí themselves. We all recognise that it is not ideal for Gardaí to be investigating complaints against other Gardaí. My understanding is that GSOC investigates the most serious complaints against Gardaí. However, I am informed that circumstances may arise in which An Garda Síochána takes the lead in an investigation not arising from a complaint.
I see no particular issue with Gardaí investigating lower level complaints against other members. I am talking here about complaints that would probably be categorised as discourtesy where the person making the complaint merely wants an acknowledgement that the service which they received was not up to the proper standard. Some years ago the Chairperson of GSOC cited a case which fell within this category which took over a year to complete and took up a considerable amount of GSOC time. She said that these cases should be handled in a timely manner at local level.
As the Deputy will be aware, last December, the Government endorsed the report of the Commission on the Future of Policing in Ireland including its package of proposals for the reform of the Garda Síochána Ombudsman Commission. A key element of this package is that all serious issues of concern about standards of policing or police integrity itself should be the subject of an independent investigation even where no member of the public has made a complaint. Examples of the types of conduct cited by the Commission include potential breaches of law, violations of human rights or corruption, or which appear to indicate a widespread or systemic problem within An Garda Síochána.
Work is underway as a matter of priority in my Department on the preparation of the General Scheme of the Policing and Community Safety Bill to provide for these proposals and other elements of the Commission’s report. I believe that the Bill will provide the appropriate mechanisms for the independent investigation of alleged criminal offences by members of the Garda Síochána.
As part of that work, my officials have met with relevant stakeholders including GSOC and An Garda Síochána and are considering their submissions. It is my intention to bring the General Scheme to Government for approval later this year.
16. Deputy Joan Burton asked the Minister for Justice and Equality when he expects the Central Statistics Office to commence the sexual abuse and violence in Ireland survey; and when he expects the survey to be completed. [13948/19]
Amharc ar fhreagraOn 20th November 2018 the Government approved a new national survey on the prevalence of sexual violence in Ireland. Following this, the Department of Justice and Equality and the Central Statistics Office signed a Memorandum of Understanding on 10th January 2019 regarding the undertaking of the survey.
The CSO have now begun the work on the large scale survey, called the Sexual Violence Survey (SVS), which will look in detail at the experience of sexual violence and abuse for both women and men in Ireland, with repeat surveys every decade.
This is a large and complex survey. The Government’s expert Scoping Group report made clear that delivering a survey that met the highest standards would be a significant undertaking and a multi-annual project.
I am aware that some concern has been expressed about how long it will take to complete the survey. A priority of mine is that it be done right. We want to ensure that the State undertakes an ongoing programme of research of the highest quality in a sensitive and ethical way to ensure a robust set of data to inform Government policy. The complexities and timeframes involved have been acknowledged by some of the NGOs involved in the sector.
The CSO has provided an estimated timeline of up to five years for completion including a full first year of technical research, design, specialist training and preparation. The preparatory phase will also involve a stakeholder consultation process, consideration of best international practice and the conducting of a full pilot survey in the field in 2020.
The CSO has indicated it will be in a position to give further certainty on completion date, timelines and costs after it finalises its preliminary work in 2019. The provision of reliable, robust, objective and internationally comparable information requires that the planning and execution of this survey is undertaken in a professional and comprehensive manner and to do otherwise may compromise the quality of the resulting data. Therefore, the planned duration of the new Sexual Violence Survey (SVS) is to ensure that all aspects of the survey are undertaken and completed to the highest possible standard.
Funding of €150,000 has been provided for the work in 2019 and there is agreement in principle to fund the rest of the project.
17. Deputy Mick Wallace asked the Minister for Justice and Equality the rationale for the proposed participation of Ireland in the EU Agency for Criminal Justice Cooperation; the benefits of participation; if a budgetary contribution to the agency is expected; and if he will make a statement on the matter. [21110/19]
Amharc ar fhreagraThere are few who would argue that Ireland's membership of the European Union has not been of enormous benefit to Ireland's citizens, both economically and in terms of the progressive social development of this State. The freedoms enjoyed by EU citizens and the real and genuine protections afforded to their fundamental rights are the envy of many throughout the world. This commitment to protecting fundamental rights is not some empty aspiration but rather a reality backed up by formal structures such as the European Court of Justice and the European Parliament.
The freedom of movement of EU citizens is one very clear benefit of membership of this Union. Our people are now true Europeans, who identify themselves as such and who cross borders freely, engaging on an equal basis with their fellow EU citizens. Our own society, once insular and inward looking, has benefitted enormously from the arrival of people from many parts of Europe who wish to make a valued contribution to the vibrancy and welfare of this cosmopolitan State.
Of course there are always those who will seek to exploit privileges such as freedom of movement for their own nefarious ends and much recent EU law in the criminal justice sphere has been aimed at trying to counter the abuse of these freedoms, while also protecting them. The European Arrest Warrant is one such example.
Another example is that of Eurojust. Eurojust has been operational for the past 17 years and Ireland has been a member of the agency since its inception. Eurojust was set up to stimulate and improve the coordination of serious criminal investigations, prosecutions and cooperation between competent authorities in the Member States, where such investigations involve two or more Member States.
Eurojust provides Ireland with access to a network of European public prosecutors and law enforcement agencies that provide essential assistance to each other in the investigation of serious offences including murders, rapes, drug trafficking, people trafficking, child sexual exploitation, international money laundering and terrorism. Eurojust also benefits from a much valued Irish involvement in the organisation. Members of the Office of the Director of Public Prosecutions provide Irish representation at Eurojust, which operates a 24/7 on call service to Member States.
Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), replaces and repeals Council Decision 2002/187/JHA, its predecessor.
The purpose of the new Regulation is to provide a modern and updated framework for the management of the agency. For example, a key innovation in the new Regulation makes Eurojust subject to the EU's updated data protection framework, thereby providing the protection of the world's most advanced data protection regime to data held by Eurojust. This includes supervision of Eurojust data related operations by the European Data Protection Supervisor. Eurojust will also be required to report on its operational activities to the European Parliament, the Council and national parliaments.
The approval of the Oireachtas in accordance with Article 29.4.7 of the Constitution is required for Ireland to opt in to the new Regulation, a process which arises as a result of Article 4 of Protocol 21 to the Lisbon Treaty. Opting into the new Eurojust Regulation is necessary in order to continue to participate in Eurojust. If we do not opt in, Ireland will cease to be a member of Eurojust from December 2019.
As Minister for Justice and Equality, I do not believe it would be desirable to lose access to this network. International serious crime is an issue which affects all member states and their citizens and it has countless victims. Coordination of measures to disrupt this activity, and ongoing communication between states in relation to such measures, is essential. Eurojust provides an efficient and effective way of ensuring this cooperation occurs.
Furthermore, from an overarching perspective, there is a general obligation upon Ireland as a Member State to make a tangible contribution to the welfare of this Union and it is important that Ireland demonstrates a real commitment to assisting in combatting serious crime which affects the Union
The solidarity with Ireland displayed by the other member States in the context of Brexit must also not be forgotten. A withdrawal from Eurojust membership would send a negative message and be reputationally damaging for the country. Ireland would be left in a position where, if it wished to maintain an involvement, it would have to negotiate associate membership of the agency, leading to a much-diminished status.
Therefore, the rationale for seeking to maintain membership of Eurojust is derived from an understanding that being part of a union of democratic states carries with it responsibilities to protect the fundamental principles of democracy that underpin that union and an obligation to protect its citizens from those who would seek to harm them.
Finally, the funding arrangements for Eurojust are set out at Chapter VI of the Regulation and, as can be seen, the agency is resourced centrally from the EU budget. Eurojust's budget is also subject to the scrutiny of the EU Commission, the European Parliament and the Council of the European Union (the Member States). There is no expectation of a budgetary contribution required from Ireland in the context of the running of the agency. Ireland's national member is of course remunerated by the State in the same manner as any official of the State who is assigned to duties overseas.
21. Deputy Mick Wallace asked the Minister for Justice and Equality if he has had discussions with the Garda Commissioner regarding the establishment of an internal corruption unit; and if he will make a statement on the matter. [21108/19]
Amharc ar fhreagraI have regular meetings and discussions with Commissioner Harris in which he updates me on a wide range of matters. However I’m sure the House will appreciate that it is the Garda Commissioner who is responsible for the control and direction of An Garda Síochána. I, as Minister, have no direct role in these matters. The House would be rightly critical of me if I sought to interfere with the role of the Commissioner in this regard.
Decisions taken with regard to the establishment of specialised units in An Garda Síochána are matters for the Commissioner himself. I do recognise, however, the concerns implied in the Deputy’s question with regard to Gardaí investigating other Gardaí. This new unit will look at potential inappropriate associations by Gardaí with persons involved in criminality, with possible inappropriate behaviour towards vulnerable victims and possible drug use or dealing. These are insidious activities which would undoubtedly undermine the service's integrity and undermine public confidence in the Gardaí.
I know that the Garda Síochána Ombudsman Commission have expressed concerns about the setting up of this new unit. However, I do not believe that the setting up of this new unit is in any way undermining the very important role played by GSOC in investigating alleged wrongdoing by members of the Gardaí. I believe that it can be a useful complement to their work.
As the Deputy will be aware, last December, the Government endorsed the report of the Commission on the Future of Policing in Ireland including its package of proposals for the reform of the Garda Síochána Ombudsman Commission. A key element of this package is that all serious issues of concern about standards of policing or police integrity itself should be the subject of an independent investigation even where no member of the public has made a complaint. Examples of the types of conduct cited by the Commission include potential breaches of law, violations of human rights or corruption, or incidents which appear to indicate a widespread or systemic problem within An Garda Síochána.
Work is underway as a matter of priority in my Department on the preparation of the General Scheme of the Policing and Community Safety Bill to provide for these proposals and other elements of the Commission’s report. As part of that work, my officials have met with relevant stakeholders including GSOC and An Garda Síochána and are considering their submissions. Specifically in relation to the proposed anti-corruption unit, my officials have sought information from the Garda Commissioner regarding its establishment, its intended functions and how they will sit with the Commission model for investigating Garda wrongdoing. A proactive approach by the Garda Commissioner to ensuring high standards of conduct can only be a positive development and I look forward to receiving further information from the Commissioner on his plans.
22. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality when he plans to ratify the optional protocol to the UN convention against torture; and if he will make a statement on the matter. [20942/19]
Amharc ar fhreagraThe Deputy is aware that Ireland signed the Optional Protocol to the Convention against Torture (OPCAT) but has yet to ratify this instrument. Ireland has of course already signed and ratified the Convention itself.
The Protocol is preventive in nature. It provides for the establishment of National Preventive Mechanisms which would inspect facilities where persons can be held involuntarily.
While my Department is drafting the General Scheme of the legislation to enable the Protocol to be ratified, consultation has been necessary with a wide range of stakeholders, as the Protocol impacts on a number of sectors.
These consultations have assisted my Department in the work of drafting the General Scheme. As part of that work, my Department are continuing to liaise with key stakeholders, for example with the Irish Human Rights and Equality Commission in relation to the contribution they might be able to make to the proposed model of National Preventive Mechanisms.
When this draft scheme is completed, it will be circulated to stakeholders for their comments, before submission to Government for approval, and transmission to the Office of the Parliamentary Counsel for formal drafting this year.
23. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his plans to tackle cross-Border crimes, rural crime and serious crime in view of concerns raised in these areas by organisations representing gardaí. [20945/19]
Amharc ar fhreagraI can assure the Deputy that investing in the capacity of An Garda Síochána to tackle criminals and enforce the law effectively is a key objective of the Government's response to tackling crime.
The Government has dedicated very significant resources to support An Garda Síochána in tackling the activities of criminal gangs, including mobile criminal gangs, that seek to target our communities.
The Deputy will be aware that there are a number of successful Garda operations in place to disrupt the activities of criminal gangs.
Operation Thor was officially launched in November 2015 and focuses on burglary and burglary related crime. The scale of Garda activity under Operation Thor (as of 7 May 2019) has resulted in over 200,900 targeted checkpoints and more than 356,300 crime prevention patrols carried out nationwide. This concentrated policing activity has produced in the region of 10,000 arrests and 11,550 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences. An Garda Síochána will continue to bring pressure on the gangs and individuals responsible for these type of offences.
The Deputy will also be familiar with Operation Hybrid which has been deployed as a result of an escalation in violence between organised crime gangs in the Dublin Metropolitan Region. The strategic objective of Operation Hybrid is to have a three-pronged approach - preventative, investigative and targeted. As of 5 May, there have been in the region of 76,700 high visibility checkpoints carried out under Operation Hybrid. An up to date breakdown of arrests and charges is currently being prepared by An Garda Síochána.
The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. This represents an increase of over 6% over the initial allocation for 2018.
With respect to tackling cross border crime, there is strong ongoing co-operation between the Gardaí and the PSNI in respect of the full range of policing activities. A joint Cross-Border Policing Strategy operates between the two services. The Strategy covers the range of policing activities and contains a series of initiatives in which both police services are actively engaged.
The Joint Agency Task Force established under the Fresh Start Agreement engages the two police services in a lead role in structured strategic and operational co-operation in combatting cross-border organised crime. The Joint Agency Task Force is a positive example of the extensive North-South co-operation that is undertaken between the police and other law enforcement agencies aimed at tackling crime and enhancing the safety of all communities on this island.
I can assure the Deputy that the Government remains committed to ensuring An Garda Síochána have all the necessary resources to tackle all forms of criminality that affects our communities.
24. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of assaults on prison officers and staff working in prisons since 2016; the actions taken to deter these assaults; and if he will make a statement on the matter. [21106/19]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service that the number of recorded assaults on staff, by prison, from 2016 to 2018 are as outlined in the following table. Figures for 2019 are not yet available.
Table 1. Prisoner on Staff assaults
|
Prison/Place of Detention |
2016 |
2017 |
2018 |
|
Arbour Hill |
0 |
0 |
0 |
|
Castlerea |
1 |
13 |
12 |
|
Cloverhill |
21 |
8 |
11 |
|
Cork |
3 |
9 |
15 |
|
Dóchas Centre |
26 |
14 |
8 |
|
Limerick |
4 |
8 |
8 |
|
Loughan House |
0 |
0 |
0 |
|
Midlands |
7 |
15 |
13 |
|
Mountjoy (Male) |
12 |
18 |
24 |
|
St. Patrick's Inst. |
0 |
N/A |
N/A |
|
Portlaoise |
5 |
3 |
4 |
|
Shelton Abbey |
0 |
0 |
0 |
|
Training Unit |
0 |
0 |
N/A |
|
Wheatfield |
12 |
10 |
5 |
|
PSEC |
5 |
6 |
9 |
|
OSG |
2 |
0 |
1 |
|
Total |
98 |
104 |
110 |
Every assault on a member of staff is treated as serious and appropriate action is taken by the Irish Prison Service, including the reporting of such assaults to An Garda Síochána for the purposes of investigation and criminal prosecution where appropriate.
Section 19 of the Criminal Justice (Public Order) Act 1994 makes specific provision in relation to assaults or threats to peace officers including prison officers acting in the execution of their duty. Any person who assaults or threatens to assault a peace officer in the execution of their duty is guilty of an offence and is liable on summary conviction to a fine or a term of imprisonment not exceeding 12 months or both or on convictions on indictment to a fine or to imprisonment for a term not exceeding 7 years or both. In addition, the Act allows for judges to impose such sentences consecutively on persons found guilty of such offences.
In June 2015, following a number of serious assaults on prison staff, the State Claims Agency (SCA) commenced a review of assaults on prison staff by prisoners in accordance with Section 8 of the National Treasury Management Agency (Amendment) Act, 2000.
In November 2016, the SCA presented the report to the then Tánaiste. The report noted many positive findings including that given the number of committals in 2015 the ratio of assaults to the number of prisoners in the system was very low. The role of a prison officer is a difficult and challenging one. Prison staff must deal with a wide range of complex issues and there are occasions when they are subjected to unacceptable acts of violence.
The report contains a large number of recommendations. These recommendations were accepted and are being implemented - an undertaking that was included as a Key Action in the Irish Prison Service’s Strategic Plan 2016-2018. The Irish Prison Service is committed to creating a safer environment for all those who work or live within our prison walls. In addition, the Service is committed to ensuring that any staff member who is subject to or witnesses an assault is given the necessary supports in the aftermath of the incident.
I can further advise the Deputy that following a recommendation contained within the State Claims Agency’s Report on ‘Assaults on Operational Prison Staff by Prisoners’, a full review of the prisoner disciplinary system has begun.
Given the substantive nature of the recommendations, the Irish Prison Service has an implementation plan in place and is in the process of implementing these recommendations.
25. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality when the international agreement to prevent the sexual abuse of children known as the Lanzarote convention is to be ratified in view of the fact that Ireland is an outlier amongst European states in its failure to ratify this convention; and if he will make a statement on the matter. [20946/19]
Amharc ar fhreagraThe Deputy may recall that I recently outlined the position in relation to ratification of this Convention. At that time I updated the House on the significant progress made in the ratification process within the term of this Administration, particularly through the introduction of legislation to give effect to the key criminal law provisions of the Convention.
As I outlined to the House at that time, Ireland’s laws are in line with the Convention. This was largely achieved by the Criminal Law (Sexual Offences) Act 2017, which was a ground-breaking piece of legislation. It brought in a new offence of accessing child pornography online. It also criminalised grooming behaviour, such as communicating with a child online for the purpose of sexual exploitation. Even prior to this Act, our legislation on child pornography included images of a person generated or modified by computer-graphics.
In relation to other elements of the Convention, my Department has been carrying out a detailed review of compliance, in consultation with the Department of Children and Youth Affairs and other relevant stakeholders, such as the Garda Síochána and the Health Service Executive. Information has been sought regarding the child protection, prevention and victim support aspects of the Convention, in order to determine Ireland's compliance with its operational elements.
The evaluation and legal analysis of this information will shortly be concluded with a view to enabling the ratification process to proceed as soon as possible.
26. Deputy Bríd Smith asked the Minister for Justice and Equality further to correspondence sent to him on 1 March 2019 by this Deputy and further to Parliamentary Question No. 33 of 30 January 2019, the arrangements he has taken to contact the person involved; the general supports available to such persons in the State witness protection programme; and if he will make a statement on the matter. [21136/19]
Amharc ar fhreagraAs outlined in my response to the Deputy's Parliamentary Question No. 33 of 30 January 2019 and my response to correspondence from her on this matter, the security of persons who may be or who may have been witnesses in the criminal process is a matter for An Garda Síochána.
However, I can assure the Deputy that when An Garda Síochána becomes aware of a potential threat to life, immediate steps are taken by Gardaí to mitigate against this danger and they will be best placed to advise the individual in question how best to proceed in this specific case.
The Deputy will appreciate that the manner in which An Garda Síochána address potential safety threats to individuals is an operational matter for the Commissioner and his management team and I, as Minister, have no role in this regard. While I cannot comment on specific cases, I am willing to send details in relation to this case directly to An Garda Síochána and request a report on the matter.
If the Deputy is in a position to provide these details to me confidentially, I will instruct my officials to make contact with the Garda authorities and I will revert to you again once a full report has been received.
An Garda Síochána operates a Witness Security Programme to counter attempts by criminal gangs and other groups to prevent the normal functioning of the criminal justice system, including through the threat and the use of violence and the systematic intimidation of witnesses.
The Deputy will understand that by virtue of the highly confidential nature of the Witness Security Programme, and the absolute need to maintain the protection and safety of persons who receive support from it, that it is not the practice to detail the specifics of its operation. However, I am advised that the Witness Security Programme is supported by provisions in the Criminal Justice Acts which deal with the intimidation of a witness or jurors, the trial of offences and the provision of evidence by video-link and that the operation of the Witness Security Programme and the resources required for it are kept under continuous review by An Garda Síochána.
27. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the protocols in place for parents, mainly fathers, in prison who have access to their children when they wish to speak with them or arrange prison visits while the parent is in prison; if he is satisfied with the arrangements; and if he will make a statement on the matter. [21051/19]
Amharc ar fhreagraI wish to advise the Deputy that in accordance with the Prison Rules, all prisoners are entitled to receive by prior appointment not less than one visit from relatives or friends each week of not less than 30 minutes duration. All prisoners in custody have a visitor panel and phone contact panel. It is up to each prisoner to identify the persons that they place on each panel. At this moment in time, only adult visitors (persons over 18) are logged and recorded by name and date of birth on the prison visitor system.
In 2018, 239,769 visitors entered the prison estate with 50,592 categorised as children. For the first four months of 2019 the number of visitors to prisons was 78,423 of which 16,207 were recorded as children.
The number of standard visits a prisoner may receive is directly linked to the regime level they have achieved under the terms of the Irish Prison Service Incentivised Regimes Policy.
The Irish Prison Service Incentivised Regimes Policy provides for a differentiation of privileges between prisoners according to their level of engagement with services and quality of behaviour. The main privileges offered include additional visits, additional phone calls and an increased daily gratuity depending on the regime level achieved. The objective is to provide tangible incentives to prisoners to participate in constructive activities and to encourage good behaviour, leading to a safer and more secure environment. The list of additional privileges varies between prisons and within different areas of a prison, depending on the operational and infrastructure requirements of each prison.
A prisoner on basic regime level may receive 1 half-hour visit per week. A prisoner on standard regime level may receive 2 half-hour visits per week or combine both visits to have 1 hour long visit where the prison arrangements can accommodate this request. A prisoner on enhanced regime level may receive 4 half-hour visits per week or combine the visits to have 2 hour-long visits where the prison arrangements can accommodate this request. All prisoners have the opportunity to become eligible for enhanced regime status provided they have met the required criteria for the preceding two months. A number of factors are taken into consideration and each prisoner’s eligibility is examined on a case by case basis.
The Irish Prison Service is committed to supporting the family relationships of imprisoned parents, through the medium of the Governor-led Families and Imprisonment Group. This group is currently exploring best practice in community support and resettlement for families with an imprisoned parent, in conjunction with Tusla and others.
Facilities for open family visits are available in all prisons, and are allocated at the discretion of the Governor, having regard to the incentivised regimes privilege level and individual prisoner circumstances. For example, a prisoner on basic or standard regime level who has suffered a bereavement might be offered an open family visit, where possible within the safety and security parameters of the particular prison.
The Irish Prison Service also provide family-friendly training to ‘front of house’ staff, which aims to improve staff awareness of the effects of imprisonment on families and allows staff to appropriately support families and children visiting prisons.
28. Deputy Shane Cassells asked the Minister for Justice and Equality the work that has taken place to date in identifying a site for the planned courthouse in Navan, County Meath, as part of Project Ireland 2040; and if a town centre site will be prioritised in order to help urban regeneration. [18060/19]
Amharc ar fhreagraAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts including the provision of accommodation for court sittings is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and have been advised by the Courts Service that Navan Courthouse is currently sitting in a single courtroom at leased premises in Kennedy House, Navan, and criminal business has moved to Trim which is more suitable for custody business.
The Deputy will be aware that Navan is included among a number of developments in relation to Courts Service accommodation requirements that are outlined under the Government's National Development Plan 2018-2027 and the overall vision in Project Ireland 2040. These include:
- A major Family Law and Children's Court Complex on a site adjacent to the Four Courts at Hammond Lane in Dublin;
- Further new or refurbished courthouses in regional cities and county towns where facilities remain substandard (including Galway City, Wicklow Town, Portlaoise, Tralee and Roscommon);
- Construction of standard county town type court facilities at a number of locations in County Dublin and also in North Kildare, Bray and Navan;
- Regional Family Law Centres;
- Further provincial locations such as An Clochan Liath (Dungloe) to serve as the Gaeltacht court for the region, and Tuam; and
- A nationwide condition survey of all court buildings in the estate will be undertaken to determine their condition and identify works required in relation to any issues identified and meet ongoing maintenance requirements.
The precise allocation and timing of additional funding over the entire ten year period remains to be fully determined. In relation to Navan, I am also informed that the Courts Service has not yet identified a suitable site though a number of sites have been examined. As part of this process, consideration is given to a number of factors including site location and suitability to provide appropriate accommodation and facilities generally for court users.
29. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the position with regard to the roll-out of a dedicated transport police; and if he will make a statement on the matter. [21104/19]
Amharc ar fhreagraI am advised that An Garda Síochána engages extensively with transport operators and that a range of regional and local operations have been put in place to address incidents and issues that have arisen at specific locations. There is ongoing communication between An Garda Síochána and the respective control centres, and access to good quality CCTV can assist the Gardaí when investigating serious incidents.
I welcome Irish Rail's plan to install more CCTV cameras and increase security patrols on DART carriages over the coming months, which is a positive step. I would also favour the introduction of a text alert system which would facilitate customers to discreetly report any incidents as they develop on rail services.
The Deputy will be aware that An Garda Síochána already employ a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour. These measures are underpinned by the existence of a comprehensive legal framework, which assists the Gardaí in tackling this type of crime including provisions under:
- the Criminal Damage Act 1991;
- Criminal Justice (Public Order) Act 1994;
- the Criminal Justice (Public Order) Act 2003; and
- the Intoxicating Liquor Acts 2003 and 2008.
For its part, the Government remains committed to ensuring that An Garda Síochána have all the necessary resources to tackle all forms of criminality in our communities. A total budget of €1.76 billion has been provided to An Garda Síochána in 2019, an increase of over €100 million on the 2018 allocation. The Commissioner has now informed me that he plans to recruit a total of 600 trainee Gardaí in 2019 and, in addition, it is his intention to recruit a net 600 Garda Civilian Staff. This Garda Staff recruitment will allow the Commissioner to redeploy a further 500 fully trained Gardaí from administrative duties to frontline policing in 2019.
The provision of these additional resources to the Commissioner is a key component in this Government's approach to improving public safety throughout the country which will undoubtedly also benefit policing of transport services in Dublin and in other areas.
30. Deputy Bríd Smith asked the Minister for Justice and Equality if an individual (details supplied) has met the family of a person; the progress of the scoping exercise; the likely date for conclusion; if he will commission an independent inquiry into all aspects of the case following same; and if he will make a statement on the matter. [21137/19]
Amharc ar fhreagraAs the Deputy will be aware, the House passed a motion last summer calling for the establishment of a public inquiry into the circumstances of the tragic death of Shane O'Farrell. While wishing to respond appropriately to the motion, I was conscious that the Garda Síochána Ombudsman Commission (GSOC) was investigating certain matters arising from the incident at the time.
At the end of January, following the completion of the GSOC investigation and having received advice from the Attorney General, I concluded that the best way to proceed was to have a scoping exercise carried out to determine if there were matters that remained to be answered in the case and if so, the most appropriate way to have these investigated. I informed the Government of this approach and appointed retired District Court Judge Gerard Haughton to conduct a scoping exercise and to advise me in relation to the case.
I met with members of the O’Farrell family to inform them of the decision and I provided them with a copy of the terms of reference for Judge Haughton's scoping exercise. I invited them to give their views on those terms of reference to the judge.
In terms of the progress of the scoping exercise, I understand that Judge Haughton has met with the family to discuss the terms of reference and to seek their input into any amendments which might be required.
I have now received a proposal for some changes to the terms of reference for the scoping exercise and I have asked the Attorney General for his advice on the changes proposed by Judge Haughton. When I receive that advice I expect to be in a position to ask Judge Haughton to formally commence his scoping exercise.
Thereafter, the terms of reference require Judge Haughton to provide me with an interim report within 8 weeks of the commencement of the scoping exercise. He is free to make any recommendation he considers necessary and appropriate including the establishment of any of the various forms of statutory and non-statutory inquiry. Should he consider it necessary to recommend an inquiry, I have asked him to provide me with draft terms of reference.
31. Deputy Mick Wallace asked the Minister for Justice and Equality the number of serving members of An Garda Síochána currently absent from work on sick leave due to stress-related factors; and if he will make a statement on the matter. [21111/19]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is statutorily responsible for the management of An Garda Síochána, and I, as Minister, do not have responsibility for this matter.
As such I have asked the Commissioner for the specific information requested and I will revert when it is to hand.
32. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he will address recent events in Drogheda, County Louth, and the need for additional Garda resources; and if he will consider a model similar to that of the task force in the north inner city in response to ongoing drug-related incidents in the town. [20944/19]
Amharc ar fhreagraAs the Deputy will be aware, I have visited Drogheda on a number of occasions in recent months to meet with Gardaí involved in tackling this feud, including a visit two weeks ago with the Garda Commissioner. I have also been briefed by the Commissioner about the dedicated policing operation - Operation Stratus - that is in place in Drogheda and specifically targets this ongoing, highly volatile feud.
Operation Stratus consists of high visibility patrols and checkpoints, days of action and covert policing initiatives, targeting specific parties to the feud. The operations are supplemented by personnel from the regional armed support unit, the drugs unit and the divisional roads policing unit and have resulted in the seizure of considerable amounts of cash, firearms and controlled drugs.
I am informed that a number of arrests took place last weekend as part of Operation Stratus. On Friday Gardaí investigating on-going criminality in the Drogheda area attended the scene of a stolen burnt out car. The follow up investigation led to three males being arrested and charged in relation to this incident. On Sunday Gardaí searched a house in the Hill View area of Drogheda town. During the course of the search, Gardaí recovered quantities of cocaine and cannabis herb. Other paraphernalia including weighing equipment and documentation was also seized. I am informed that during the follow up operation a person was arrested and is currently detained for questioning under section 4 of the Criminal Justice Act, 1984.
As the Deputy is aware, the distribution of Garda resources is solely a matter for the Garda Commissioner and his management team and I have no role in such matters. However, I welcome the Commissioner's recent announcement that an additional 25 Garda members will be allocated to Drogheda adding to the existing Garda strength of around 120 members.
I also want to reassure the local community in Drogheda that there are specialised regional Armed Support Units based in the Northern Region at Dundalk and Ballyshannon Garda Stations. Members of these Units are highly trained and equipped with a variety of non-lethal and lethal weapons and perform high visibility armed checkpoints and patrols throughout the region and support and supplement the national Emergency Response Unit which has also been deployed to Drogheda in recent times. The Commissioner recently made an operational decision to establish a third Regional ASU in the Northern Region at Cavan Garda station, and I understand that arrangements have commenced to establish this new unit in order to further support and strengthen Garda capacities in the region.
I am determined that the situation in Drogheda cannot be allowed to continue. There has been a sustained and concerted effort on the part of An Garda Síochána to bring those engaged in the feud to justice. I know An Garda Síochána are dedicated to tackling gang-related violence in Drogheda and ensuring the safety of all citizens in the community and the wider area.
33. Deputy Michael Moynihan asked the Minister for Justice and Equality if he has discussed the proposal of the clock change with his EU counterparts recently. [15420/19]
Amharc ar fhreagraThe proposal from the EU Commission would end seasonal clock changes with effect from 2021, with each Member State electing whether to remain on summer or winter time year round. At present this proposal remains under discussion and has yet to be adopted.
Discussions with Members States have been progressed via the Transport, Telecommunications and Energy (TTE) Council and associated working group since the proposal was published last September and are continuing - the next meeting of the Council is in June.
A number of Member States, including Ireland, are conducting national consultation exercises to inform their position, and we are also amongst those Member States which have argued that more time is required to properly consider the proposal and its implications. All Member States have identified a requirement for coordination with neighbouring countries. This is a particular consideration for us in the context of the UK and Northern Ireland.
An Interdepartmental Steering Group was established by my Department to consider the proposal, to guide a public consultation process and report to Government. The public consultation comprised a public survey and invitation of submissions from individuals and stakeholders. The Department also commissioned an opinion poll of a sample of respondents aligned with the national population.
A detailed analysis of the responses has been carried out and I will bring a report to Government shortly to assist in formulating the Irish position on the proposal. Clearly, the implications for timezones on the island will be a key consideration in our approach.
34. Deputy John Curran asked the Minister for Justice and Equality the progress made in the establishment of a dedicated insurance fraud unit within An Garda Síochána; and if he will make a statement on the matter. [17723/19]
Amharc ar fhreagraThe Deputy will appreciate that it is the Garda Commissioner who is solely responsible for the distribution of Garda resources, including personnel among the various Garda Units, and I, as Minister for Justice and Equality, have no direct role in these matters.
As outlined in my response to parliamentary question number 458 of 8 May 2019 (PQ Ref. 18716/19), the Garda Commissioner is of the view, with regard to fraud investigations including insurance fraud, that a divisional focus is preferable rather than the establishment of a centralised investigation unit. This approach is aligned with a general divisional-focused Garda model. It is the intention of the Commissioner that the Garda National Economic Crime Bureau (GNECB) will guide divisions and provide training in the investigation of insurance fraud.
The Cost of Insurance Working Group (CIWG) called for An Garda Síochána to explore the potential for further cooperation between it and the insurance sector in relation to insurance fraud investigation. An insurance funded Garda Unit was one option considered.
While the Commissioner has indicated that he does not support industry funding of Garda units, he is open to considering other industry-funded proposals to combat insurance fraud, for example, IT projects and/or the appointment of analysts. The Department is currently engaging with An Garda Síochána to this end, exploring these options and any other potential avenues for cooperation with the insurance sector.
On a wider level, much constructive engagement has taken place, including the commitment by An Garda Síochána and Insurance Ireland’s Anti-Fraud Forum to meet on a regular basis in order to discuss and act upon current and ongoing general issues which arise in the area of insurance fraud.
In relation to the scale of insurance claim fraud reported to An Garda Síochána, the most recent figures available to the Department show that in the period 1 October 2018 to 28 February 2019, 22 incidents of ‘insurance claim fraud’ were recorded on PULSE. Please note that this data is correct as at 4 March 2019, however it is operational and therefore subject to change.
Finally, while on the topic of insurance fraud investigation, I would also like to take this opportunity to congratulate AGS on its recent success under Operation Coatee, which targets insurance-related criminality. The GNECB, supported by Lucan Garda Station, CAB and the Armed Support Units, carried out searches in the west Dublin area in April 2019, with a view to submitting files to the Director of Public Prosecutions.
35. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he is satisfied that there are sufficient supports for those who come forward to report historic allegations of sexual violence; and if he will make a statement on the matter. [21105/19]
Amharc ar fhreagraThe recent statistical release of the Central Statistical Offence relating to the victims of crime recorded by An Garda Síochána in 2018 provides very useful information on the profile of the victims of crimes of sexual violence.
In considering this release, it is significant and to be welcomed that 63% of victims reporting crimes of sexual violence do so within one year.
It is also significant that 25% of victims reporting sexual crime are reporting ten years or more after the incident. This speaks to some extent about the current climate in relation to reporting.
There are a wide range of reasons why people are hesitant to report sexual crime. The time of reporting figures are, therefore, heartening. The suite of victim related legislative measures enacted in recent years along with awareness raising efforts has created a climate where people feel more comfortable to report what is happening now and what has happened in the past.
This is area where we need to maintain momentum and where we need to increase our efforts to make reporting including of historical allegations of sexual violence more likely.
In achieving this I can assure the Deputy that the Government is committed to addressing sexual violence and in fully supporting and assisting victims, including facilitating and enabling victims to come forward to report these horrific crimes regardless of the times such crimes were committed.
Significant efforts and resources are being directed in tackling the problem of sexual violence including the following measures.
- The Government’s Second National Strategy in tackling domestic, sexual and gender-based violence 2016-2021, which is in place as our overall policy framework in tackling these issues.
- Our laws in supporting victims of crime have also been significantly reformed and strengthened in recent years.
- Major structural and cultural reform is also being seen within our overall policing response to sexual crime and in how An Garda Síochána is dealing with such crime and in supporting victims of such offences.
- The Government has also approved a significant new national survey approach to the collection of data on the prevalence of sexual violence by the Central Statistics Office in Ireland and work is underway on this project.
- Work is also well advanced on the review, being chaired by Tom O’Malley, which is examining the protections for vulnerable witnesses in the investigation and prosecution of sexual offences.
- Significant financial resources continue to be made available by the State in addressing sexual violence. As an example of this, Tusla, the Child and Family Agency is allocating funding in 2019 of €25.3 million to Domestic Sexual and Gender Based Violence Services, this represents an increase of €4.9 million since 2015.
- €1.712m is also being made available by the Victims of Crime Office in my Department in 2019 to 57 community and voluntary sector organisations providing victim support services including to projects which directly support victims of sexual crimes.
Raising public awareness on these issues is also a key feature of our overall response in this area. As the Deputy will be aware, only last week I launched a major national awareness raising campaign on sexual harassment and sexual violence, the No Excuses campaign, on which we are set to spend in excess of €1m this year on the first year of the campaign. The aim of the campaign is to increase the awareness of sexual violence and to bring about changes in societal attitudes with the aim of decreasing and preventing this violence.
In concluding I would once again urge victims of sexual violence to continue to come forward to the Gardaí in reporting such violence including where this involves any historical allegations of such crimes.
