Written Answers Nos. 1-25
8. Deputy Richard Bruton asked the Minister for Justice if her attention has been drawn to a study (details supplied) calling for a fresh approach to policing, crime prevention and youth engagement; and if she will consider the way in which working across Government the ambitions of this report can be fulfilled. [30682/20]
Amharc ar fhreagraI welcome the report by former Assistant Garda Commissioner Jack Nolan outlining a socio-economic and community plan for Darndale and its surrounding areas. Dublin City Council commissioned this report in response to the escalating levels of violence in the Darndale, Belcamp and Moatview areas of north Dublin in 2019 and 2020, and my officials have been in close contact with Dublin City Council on this matter. The report provides a comprehensive overview of the area’s assets, services, and supports as well as its challenges.
As well as important recommendations related to crime prevention and dismantling gangs, two key recommendations in the report include the need to strengthen community participants and leadership, and the need for more collaborative service delivery.
As the Deputy may be aware, my Department is currently developing a Community Safety Policy which takes a new approach to policing, crime prevention and youth engagement. It echoes many of the elements in the Darndale report, including the importance of strengthening community representation and leadership. Strong community participation in identifying the needs of a community and developing solutions is key. Also central to the new policy is a more collaborative approach to service delivery, as identified in the report. Services need to work together to tackle the range of issues that makes a community feel unsafe, which goes beyond the sole remit of An Garda Síochána. This new approach is to be established on a pilot basis ahead of a nationwide rollout as part of 'A Policing Service for our Future', the Government's implementation plan for the recommendations of the Commission on the Future of Policing.
My Department is engaging with Dublin City Council and former Assistant Garda Commissioner Jack Nolan on the follow up to this report in order to see how we can best support responses in the area. I would like to offer the Deputy my commitment to actively support the implementation of this report.
The Deputy will also wish to note that a new Garda Building and Refurbishment programme 2022-2027 is currently under discussion between An Garda Síochána, the OPW and officials from my Department. This plan will include a new DMR North Divisional HQ at Northern Cross.
More broadly, the Deputy will be aware of the commitment in the Programme for Government to convene an expert forum on anti-social behaviour and this will provide a key focus for further development of policy in this area. In addition, the Programme for Government further commits to developing a new Youth Justice Strategy, which will be finalised before the end of the year and which will provide a national developmental framework to pursue more effective engagement, collaboration and community support related to youth offending and the factors which underlie it.
15. Deputy Martin Kenny asked the Minister for Justice the estimated breakdown of costs within the €8 million allocated to the Stardust inquest; and if she will make a statement on the matter. [32012/20]
Amharc ar fhreagraThe Stardust fire was a horrific tragedy that has left a legacy of pain for many people in the Artane community.
As the Deputy will be aware, in September 2019, the then Attorney General wrote to my predecessor as Minister for Justice and Equality to inform him that he had “formed the opinion that fresh inquests into the Stardust deaths are advisable” and in December 2019, the Attorney issued his direction to the Dublin District Coroner that fresh inquests be held.
The running and scheduling of the Inquest is entirely a matter for the Senior Dublin Coroner, Dr. Myra Cullinane – her independence in relation to such matters is set out in the Coroners Acts. However, I am aware that Dr. Cullinane has begin her work on this matter, and that a preliminary hearing took place last week. It is expected that the public-facing elements of the inquest will begin in early 2021.
While the Coroner is entirely independent in carrying out her functions in relation to this matter, my Department is responsible for supporting the Dublin District Coroner. To date, my Department has worked to provide her with the following supports:
- The provision of temporary office accommodation for the Stardust inquest team
- The assignment of additional staff to the office of the Dublin Coroner
- The development of a website for the inquest (https://www.stardustfireinquests.ie/)
- The appointment of legal and expert guidance for the Coroner
- ICT and other supports as required
As the Deputy has correctly stated, €8 million in funding has been allocated for new inquests into the victims of the 1981 Stardust fire tragedy. However, while this will be sufficient to cover the above matters and other likely costs, the final cost of this inquest will not be clear for some time, as it will depend on the length of time and costs of legal and other expert advice deemed necessary by the Coroner. Therefore at this time, I am not in a position to provide a more detailed estimate of the breakdown of costs.
16. Deputy Denis Naughten asked the Minister for Justice if she is satisfied with the level of compliance by persons who are subject to the requirements of Part 2 of the Sex Offenders Act 2001; the number of breaches of these conditions recorded by An Garda Síochána in the past 12 months; and if she will make a statement on the matter. [30685/20]
Amharc ar fhreagraI thank the Deputy for raising this important issue and I know it is one on which he is particularly focused.
As the Deputy is aware, a person found guilty in court of a sexual offence automatically becomes subject to the registration / notification requirements of Part 2 of the Sex Offenders Act 2001. The sex offender is obliged to notify the Gardaí of their name and address for a period and any change in address must be notified within a specified time. Depending on the seriousness of the offence, this requirement can be imposed by a court even if no custodial sentence is imposed.
The 2001 Act also provides for the monitoring and supervision of convicted sex offenders in the community through An Garda Síochána and the Probation Service. It further provides for Sex Offenders orders which allow the court to prohibit a convicted sex offender from doing certain things with a view to protecting the public from serious harm.
The Gardaí can apply to the courts for a Sex Offenders order and ensure that offenders comply with the terms of such an order.
The Deputy is also aware that I intend to amend the existing legislation relating to the monitoring of sex offenders and my officials are working closely with the Office of Parliamentary Counsel to advance the drafting of this bill. Completion of this work is a matter to which I attach great importance.
Turning to the question of the statistics requested, I have been informed by An Garda Síochána that, in 2019, the total number of reported incidents or breaches of Sex Offenders Act offences was 48, with 37 of those having resulted in follow up proceedings to date.
The latest figures available for 2020, which are up to 13 October, show the total reported cases as 53 with 45 incidents to date resulting in proceedings.
In terms of compliance levels, I am informed that 1625 people are currently subject to the requirements of Part 2 of the Sex Offenders Act, so based on that, the above figures indicate a compliance rate of over 96% for 2020.
17. Deputy Neale Richmond asked the Minister for Justice the mental health supports that are being provided to members of An Garda Síochána to support them through the Covid-19 pandemic; and if she will make a statement on the matter. [30836/20]
Amharc ar fhreagraAs the Deputy will be aware, I consider the provision of appropriate mental health supports to be a matter of the highest importance. This was one of a number of key issues I discussed with the Garda Commissioner and his senior team when I met with them on 29 September 2020. The issue was also raised when I recently met the Garda Associations.
Notwithstanding the services available to members of An Garda Síochána, I am very conscious that there is also a cultural dimension to how mental health is viewed within an organisation, particularly a policing service. Indeed, this is a recognised challenge for law enforcement agencies internationally. It is therefore essential that Garda members and staff are encouraged to seek the supports they need, especially when dealing with the issues that can arise due to the nature of their work. Like in every organisation, these issues are exacerbated through Covid.
From my recent discussions with the Commissioner and his senior team, I know that An Garda Síochána is very cognisant and concerned about the need to quantify these issues and further strengthen both how the organisation responds and to facilitate and encourage take-up by members.
The Deputy may be aware that the Commission on the Future of Policing in Ireland made a detailed recommendation in relation to enhancing wellness supports in An Garda Síochána including the adoption of a proactive approach to wellness for all personnel. The development of a Wellness Strategy is an important action currently being progressed under 'A Policing Service for our Future', the Government's implementation plan for the Commission's recommendations.
To support delivery of this action, my Department last year provided funding for a survey by An Garda Síochána on wellness within the organisation. The findings provided a valuable insight and work is now underway on the development of a Wellness Strategy. In tandem, work is also underway with the Garda Chief Medical Officer on developing pathways to support and treat colleagues who require assistance with their mental and indeed their physical health.
In addition, I am assured that the range of welfare support structures already in place in An Garda Síochána continue to be available to all personnel during the pandemic. These include the Employee Assistance Service (available to all Garda members, staff, Retired members, Trainees and Probationers, and their families), a 24/7/365 telephone helpline and counselling service provided by Inspire Wellbeing, the Inspire Wellbeing Hub, Peer Supports, and the chaplaincy service.
I would urge all Garda personnel to avail of these services as and when they need them. It is vitally important that everyone understand that it's okay not to feel okay and that they are supported in this by the organisation, managers and all colleagues.
18. Deputy Martin Kenny asked the Minister for Justice the breakdown of costs of the €70 million in the Garda ICT budget for 2020 and 2021; the total projected cost of upgrading the Garda ICT; and if she will make a statement on the matter. [32011/20]
Amharc ar fhreagraI have made driving the modernisation and digital agenda across the Justice Sector a key priority for me as Minister. My objective is to drive efficiency and deliver more accessible public services to all who need them.
So I am particularly pleased to have secured additional ICT spending in key areas to support this objective. This prioritisation of technology and modernisation will lead to a significant payback of improved public services right across the justice sector, which is providing vital public services to keep people safe.
For our highly trained Gardaí, time saved on dealing with paperwork in the station means more time on the frontline on high visibility, preventative patrols . This will also help the Government drive the reform programme outlined in ‘A Policing Service for the Future’, our implementation plan for the recommendations of the Commission on the Future of Policing in Ireland.
As the Deputy has noted, an additional €22 million has been provided for Garda ICT in 2021. This is in addition to the budget originally available under the capital programme 2016-2021, and brings the total Garda ICT budget to over €70 million for the second year in a row.
This is vital to supporting An Garda Síochána's comprehensive Digital Strategy 2019-2023, which was published last year incorporating key stakeholder engagement and which aims to ensure the vision for digital policing aligns with the organisation's other key strategies and priorities.
I am also pleased that a separate €7 million has been provided for additional mobile devices and related licensing and maintenance costs under the Garda Mobility project. These hand-held devices give Gardaí instant access to real-time, secure information on the roadside through a range of apps which enable them to scan registration plates, quickly identify forged or false driving licences, and detect disqualified drivers, untaxed cars and stolen vehicles. This follows a €4.9 million allocation for this project in 2020.
The bulk of the annual capital investment in Garda ICT is required to fund the day-to-day support of existing systems, licences and infrastructure. In addition to this investment, An Garda Síochána is using its ICT budget to deliver prioritised change initiatives including:
- the Schengen Information System, for which €6.2m has been provided in 2020 and €4.4m for 2021;
- the replacement of the Computer-Aided-Dispatch System, for which €2.1m has been provided in 2020 and €3.7m for 2021;
- enhanced Data Centre equipment for which €1.8m has been provided for 2020 and €7m for 2021; and
- the expansion of the Cyber Crime bureau for which €1.8m has been provided for 2021.
I look forward to continuing to engage with the Garda Commissioner as these and other important projects are rolled out and their benefits are realised.
19. Deputy Niamh Smyth asked the Minister for Justice if she will address the issue of parent alienation; if her attention has been drawn to the issue; her plans to address same; and if she will make a statement on the matter. [31083/20]
Amharc ar fhreagraAs the Deputy may be aware, there is no specific legislative provision regarding parental alienation in Irish family law. Section 246 of the Children Act 2001 provides for an offence of frightening, bullying or threatening a child in a manner likely to cause unnecessary suffering or injury to the child's physical, mental or emotional health or wellbeing. There are legislative provisions in place to deal with child welfare particularly regarding the relationship between a child and his/her parents or guardians, providing the framework for a legal response to a wide spectrum of child welfare issues. I am, however, very much aware that parental alienation is a very complex issue and both I and Minister McEntee are keen to examine it further.
The Oireachtas Joint Committee on Justice and Equality published a report last year on Reform of the Family Law System which includes parental alienation among a broad range of issues in the area of family law.
The Deputy will be aware that a Family Justice Oversight Group has recently been established in the Department which, in addition to my officials, also includes representation from the judiciary, the Courts Service, the Legal Aid Board and the Department of Children, Equality, Disability, Integration and Youth. The Group has been tasked with developing a family justice system, parallel to the establishment of a dedicated Family Court structure, having regard to international best practice. All of the various recommendations contained in the Joint Oireachtas Committee’s report, including the recommendation on parent alienation, will be included in the work of that group.
20. Deputy Éamon Ó Cuív asked the Minister for Justice her plans to provide a women's open centre along the lines of Shelton Abbey or Loughan House for female prisoners on the grounds of equality; and if she will make a statement on the matter. [30914/20]
Amharc ar fhreagraI am conscious that female offenders represent a particularly vulnerable group within the prison system and the Prison Service is acutely aware of the challenges that these vulnerable women face.
There is evidence that the impact of imprisonment is considerably greater on women and their wider families and as a result, modern prison facilities for women offenders are developed in a very different model from male prisons. In fact, as the Deputy will be aware, the Dóchas Centre, which accommodates the majority of female prisoners in Ireland, was purposely built and specifically designed for women. A particular focus of the design of the prison was to ensure that the women accommodated in the centre had access to a regime that mirrored, as much as possible, living in ordinary accommodation and thus supported the women's reintegration to society, which is a key objective of the prisons system.
The Deputy will wish to be aware that this issue was considered in the context of the Probation Service/Irish Prison Service joint Women Strategy 2014-2016, which sought to improve outcomes for women offenders. A joint working group between the two agencies recommended that the most practical and cost effective way to address the needs identified was to develop a step down facility for women. In this regard, the Probation Service and Irish Prison Service worked collaboratively towards the identification of a suitable venue for a women’s step down unit in Dublin, via a procurement process run by the Office of Government Procurement.
The Outlook facility, which is run by Focus Ireland, currently has capacity for nine women in single occupancy units, and took in their first client from the Dóchas Centre on 10 May 2019. The facility is fully occupied at present. The regime structure of the Dóchas Centre allows effectively for the women in custody to progress from their initial accommodation to more enhanced houses in the Dóchas Centre prior to progression to the Outlook step down accommodation facility, or to release, as appropriate.
In addition, as the Deputy will be aware, a contract was signed in February last year for a major redevelopment of Limerick Prison which includes the construction of a new prison facility for female prisoners.
The new accommodation block for women offenders in Limerick which will replace the use of the female wing at that prison. The design of the new facility is based on the principle of rehabilitation and normalisation reflecting contemporary design standards. A mix of accommodation units is being provided based around an external courtyard setting. The development will provide accommodation for 50 female prisoners and is scheduled for completion in the last quarter of 2021.
When open, this new facility will represent a complete change in the standard of accommodation and rehabilitative supports for all female prisoners and there are no current plans to provide an Open Centre for women.
21. Deputy Martin Browne asked the Minister for Justice if community Gardaí will be increased in view of the additional budgetary allocation for her Department; the methodology that would be used to do so in view of the fact that the incidence rates of particular types of crime can vary; and if she will make a statement on the matter. [32026/20]
Amharc ar fhreagraAn Garda Síochána has been allocated an unprecedented budget of €1.952 billion for 2021. This level of funding is enabling sustained, ongoing recruitment of Garda members and staff. As a result, Garda numbers are some 14,600 Garda members and over 3,100 Garda staff nationwide. Budget 2021 will allow for the recruitment of up to 600 new Gardaí and an extra 500 Garda staff.
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for the management and controlling of the administration and business of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demand. This includes deployment of personnel among the various Garda Divisions. As Minister, I have no direct role in the matter.
I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. The methodology used in such allocation for any particular area is also a matter for the Commissioner and his management team, and as Minister I have no role in such matters.
I understand that it is a matter for each Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her, having regard to the profile of each area within the Division and its specific needs.
With respect to the number of officially designated Community Gardaí, the Deputy may be interested to note that, to date, the official categorisation as a 'Community Garda' has simply referred to those who are exclusively assigned to building relationships with local communities and civil society, including giving talks to schools, community groups and others. However, it is important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in carrying out their duties. This relationship is the fundamental building block underpinning 'A Policing Service for our Future', the Government's implementation plan for the recommendations of the report of the Commission on the Future of Policing in Ireland.
22. Deputy Pa Daly asked the Minister for Justice the details of the capital expenditure projects under the justice heading of budget 2021. [30962/20]
Amharc ar fhreagraThe total capital allocation for the Justice Vote Group in Estimates 2021 is €258.3 million. This includes an increase of €50.8 million on the existing capital expenditure provision for the Group in 2021 of €207.5 million.
The capital budget is allocated across four votes in the Justice Group as follows:
|
Vote |
€ 000 |
Main projects and areas of expenditure |
|
Department of Justice |
51,220 |
Mainly construction of Forensic Science Ireland Laboratory |
|
Garda |
114,659 |
ICT Investment (€71.2m); Capital building and refurbishment (€34m); and Transport Fleet (€8m) |
|
Prisons |
36,011 |
Mainly redevelopment of Limerick Prison |
|
Courts |
56,417 |
ICT Investment (€12.9m); Courthouse works (€4.88m); and PPP annual repayments (€38.6m) |
|
Total |
258,307 |
|
23. Deputy Denis Naughten asked the Minister for Justice her plans to recognise the residency of non-EEA nationals under 16 years of age; if she is satisfied that the current situation is not open to legal challenge; and if she will make a statement on the matter. [30684/20]
Amharc ar fhreagraPersons under the age of 16 years are exempt from the requirement to register under Section 9(6)(a) of the Immigration Act 2004. This does not mean that their residency in the State is not recognised. In the vast majority of cases, persons under 16 years derive their right to be in the State from their parents or guardians. This is recognised when applications for residency from families are considered as family units. Visa required nationals under the age of 16 years are also issued with re-entry visas, free of charge, on request when travelling outside the State.
Unaccompanied minors in the State are under the statutory care of TULSA, who make the appropriate applications to my Department on behalf of the unaccompanied minor.
There is a balance to be struck when considering any change to register persons under the age of 16 years. For example, in order for any registered person to be issued with a resident permit, they must be fingerprinted as part of the process. The question of fees to be levied would also arise. Currently, there are no plans to introduce registration of under 16 year olds but the matter is kept under review in the Immigration Service of my Department.
24. Deputy Éamon Ó Cuív asked the Minister for Justice the number of Garda stations that do not have at least full-time Garda allocated to them; the number of Garda stations that do not have a regular opening time; if the Garda authorities have sought further resources so that these stations can be manned; and if she will make a statement on the matter. [30913/20]
Amharc ar fhreagraThe Deputy will be aware that the Garda Commissioner is by law responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to ensure their optimum use.
In order to be of assistance to the Deputy, I have contacted the Garda authorities and have been advised that there are currently 551 Garda station open and operating nationwide. Of this total, there are currently 32 Garda stations which open to provide services to the public but which do not have at least one full time Garda allocated to them and are serviced by other stations within that District.
I am further advised that there are 153 Garda stations nationwide which open to provide services to the public but which do not have a regular opening time. Due to the current rostering system as a consequence of the response to Covid-19, these stations open when there are members rostered to work. In such cases, a notice is displayed to identify opening hours.
The allocation and transfer of Garda Personnel is determined by a number of factors, including crime and non-crime workload, minimum establishment, population, area, policing arrangements, operational strategies and transfers applications, including welfare issues. When allocations are taking place, comprehensive consultation is carried out with Local Management during which all factors are taken into consideration. Where a deficiency in resources is identified, the matter is considered fully and addressed accordingly.
25. Deputy Pearse Doherty asked the Minister for Justice her views on the recently published report on capping damages in personal injury actions by the Law Reform Commission; the actions she will take on foot of the recommendations; and if she will make a statement on the matter. [32024/20]
Amharc ar fhreagraThe Law Reform Commission (LRC) Report on Capping Damages in Personal Injuries Actions was published on 30 September 2020. It relates to a project that forms part of the Commission’s Fifth Programme of Law Reform and arises out of recommendations made by both the Cost of Insurance Working Group and the Personal injuries Commission.
The report considered whether it would be constitutionally permissible to legislate for capping general damages awards in personal injuries cases. That consideration involved an examination of four legislative models.
1. Model 1 envisages mandatory capping by way of primary legislation.
2. Model 2 envisages a presumptive cap set by primary legislation.
3. Model 3 envisages capping by secondary legislation.
4. Model 4 envisages a presumptive cap set by the judiciary which takes account of the reforms arising from the establishment of the Personal Injuries Guidelines Committee under the Judicial Council Act 2019.
The conclusion reached by the Law Reform Commission was that two of the possible models – Model 2 and Model 4 - appeared in principle to be constitutionally permissible.
My Department has begun to examine the recommendations of the LRC Report with a view to presenting options for progress in relation to this complex area of law to the Government by the end of the year.
This important work builds on our Programme for Government commitment to prioritise reform of the insurance sector and tackle insurance costs.
