Written Answers Nos. 21-40
21. Deputy David Stanton asked the Minister for Justice if she will outline the objectives of her Department’s community safety policy; the timeframes for same; and if she will make a statement on the matter. [26137/22]
Amharc ar fhreagraCommunity safety is about people being safe and, importantly, feeling safe within their communities. Ireland is generally regarded as a safe country in international terms, with relatively low crime rates and a general feeling of safety and security. However, we recognise that this is not the case in every community and that people living in disadvantaged areas can experience a different reality.
The Report of the Commission on the Future of Policing in Ireland recognised that preventing crime and harm and making our communities safer does not rest with An Garda Síochána and my Department alone, but requires a whole of Government approach. Therefore, community safety goes beyond traditional high-visibility policing and must involve collaboration between service providers to find solutions to safety issues.
A community safety approach prioritises issues identified by the community itself as safety concerns and increases community confidence in service providers.
My Department's Community Safety Policy, which is published on the Gov.ie website, will ensure communities are safer and feel safer by making community safety a whole of Government responsibility and priority, to be delivered through Local Community Safety Partnerships (LCSPs), supported through a national governance structure.
The LCSPs will bring all services and the community together at local authority level, building upon and replacing existing Joint Policing Committees, to serve as a forum for discussion and decisions on community priorities. This means State Services working with each other and the community to ensure there is better coordination between services such as educational and youth work with young people, the availability of local health and mental health services, drug prevention, housing and the built environment, and actions taken to combat alcohol and substance abuse, domestic abuse, youth crime, anti-social behaviour, and hate crime.
The partnership approach is built on two premises:
1. Every community is different and has different problems and issues; and
2. Responding to those problems and issues requires a range of inputs from across Government, local services, voluntary sector and the community itself.
Three pilot LCSPs have been fully established in Dublin North Inner City, Longford and Waterford. The pilots will run for two years, concluding in Q3 2023, and will be subject to a strict evaluation so that lessons learned and best practice from the pilot phase can inform the further roll out of the LCSP model to local authority areas after the enactment of the Policing, Security and Community Safety Bill.
Each pilot LCSP is currently engaged in developing the first iteration of their Local Community Safety Plans and I look forward to seeing their progress in the months ahead.
22. Deputy Niamh Smyth asked the Minister for Justice the details of the extension of temporary legislation to ensure that the sale and consumption of alcohol in outdoor seating areas of pubs and restaurants can continue during the summer months; the steps that businesses need to take to avail of same; and if she will make a statement on the matter. [25833/22]
Amharc ar fhreagraLast week, I received Government approval to seek to further extend the operation of outdoor seating areas as licensed premises plan for the busy summer months.
As the Deputy will be aware, the Civil Law (Miscellaneous Provisions) Act 2021 was enacted in July 2021, to address issues concerning the sale and supply of alcohol in certain outdoor seating areas.
The legislation applies where those outdoor seating areas have been permitted by the relevant local authority on public land, such as a path, or where they are on private land abutting the licensed premises, such as an abutting yard, as provided for in the Act. These relevant outdoor seating areas are deemed to be part of the licensed premises while this legislation remains in force.
This will mean that premises currently lawfully operating such outdoor seating areas can continue to do so. Any premises wishing to avail of an outdoor seating area must ensure that they have the relevant permissions from the local authority or where the outdoor seating area is on private land abutting the premises they must adhere to the provisions set out in the Act.
With regard to outdoor seating areas on private land abutting the licensed premises, it was considered appropriate to regulate the opening hours of these outdoor seating areas. This was done in the interests of communities and under the principles of fairness. This means that alcohol cannot be sold or consumed any day after 11 p.m. in the outdoor seating areas on private land abutting a licenced premises.
This legislation afforded much needed certainty to licenced premises during the pandemic, allowing publicans and restaurant owners across the country serving alcohol in relevant outdoor seating areas to operate lawfully.
While most of the Covid-19 restrictions have now lifted, I am very aware of how difficult the restrictions of the last two years have been for those in the hospitality business. Many of these businesses are still struggling and it is important that they are given support they need to thrive as the busy summer season approaches. The extension of this legislation is a key support in that regard.
I will bring the necessary Motions before the Houses of the Oireachtas at the earliest opportunity in advance of 31 May to seek an extension to this legislation for a further six months until 30 November 2022. I hope that Deputies will support the Motion.
My Justice Plan 2022 commits to publishing and enacting new laws to update and modernise licensing laws. I am delivering on that commitment by preparing Heads of a General Scheme of a Sale of Alcohol Bill. I intend to progress this legislation in the months ahead with a view to enacting it this year. Details of the proposed reform will be included in the General Scheme when published, including in relation to the sale and supply of alcohol in outdoor seating areas.
23. Deputy Jim O'Callaghan asked the Minister for Justice the initiatives that are being taken to tackle anti-social behaviour; and if she will make a statement on the matter. [25987/22]
Amharc ar fhreagraAs the Deputy will be aware, the Government is committed to tackling anti-social behaviour and a number of priority actions are contained in the Programme for Government to reduce instances of such behaviour and help people to be safe and feel safe in their local communities.
In line with the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour, which I chair, to examine a broad range of issues with a focus on developing measures which will counteract the negative impact of such incidents on community morale and quality of life. Two subgroups have been established under the forum to consider the specific issues of knife crime and the misuse of scramblers and quadbikes. Other subgroups may be established to tackle additional specific issues as required.
The knife crime subgroup has assessed available evidence to inform policy on knife crime and is finalising its proposals.
Arising from the work of the subgroup on the misuse of scramblers and quadbikes, funding of almost €200,000 is being provided to eight community-based projects to work with young people involved in the anti-social use of scramblers and quad bikes and related crime.
An Garda Síochána also continues to implement high-visibility policing plans to address public disorder-related issues and anti-social behaviour, with particular overt and targeted policing of public places at times when public order incidents and anti-social behaviour typically increase, such as bank holiday weekends.
In Dublin city centre, An Garda Síochána commenced Operation Citizen in October last year to focus on anti-social behaviour, public order and quality of life issues, assaults and high volume crimes. Operation Citizen, which involves increased levels of visible policing at key locations, also focuses on community and stakeholder engagement. A new Garda hub will be established at Upper O’Connell Street to coordinate Operation Citizen and other Garda operations in place in Dublin city centre and I am advised that work to prepare the premises for the Garda hub is well underway.
Other important Garda operations are in place across the country to reduce anti-social behaviour, such as Operation Copóg, which commenced in March 2021 to disrupt and target the sale and supply of controlled drugs in St Mary’s Park area of Limerick city.
In addition, Operation Soteria, the national strategy to target assault reduction, continues nationwide.
The Deputy will be aware that Budget 2022 included significant additional funding to support initiatives under the Youth Justice Strategy and the new Community Safety Innovation Fund, €6.7 million and €2 million respectively, which will support community-based initiatives to divert those involved in anti-social or criminal behaviours and guide them towards pro-social behaviours.
Although anti-social behaviour is sometimes represented as a youth-related problem, crime figures show that relevant offences occur across a wide age range, underlining the need for a considered and evidence-informed approach to developing measures to counter anti-social behaviour.
Justice Plan 2022, published earlier this year by Minister McEntee and I, will continue the Department’s focused commitment to working with An Garda Síochána, local communities and wider society to eliminate such behaviour and support community safety into the future.
24. Deputy Aindrias Moynihan asked the Minister for Justice the measures that will be taken to deal with the public order issue in Cork city; and if she will make a statement on the matter. [25838/22]
Amharc ar fhreagraAs the Deputy will be aware, the Government is committed to ensuring that people both feel safe and are safe in their communities.
Both the Programme for Government, as well as the Justice Plan 2022, contain a number of commitments to tackle crime and improve community safety, including the ongoing prioritisation of the work of the Expert Forum on Anti-Social Behaviour, charged with considering the effectiveness of existing legislation and looking at proposals for new ways forward.
I am informed by the Garda authorities that with the easing of COVID-19 restrictions, and the full reopening of the night-time economy, the numbers of persons coming into Cork city to socialise has increased substantially. With the addition of on-street facilities for dining and consumption of alcohol outside of licensed premises, there has also been a shift in the way in which people socialise from pre-pandemic norms.
The reduction in incident levels that were seen during 2020 and 2021 whilst public health restrictions were in place have seen a consequential increase as society returns to normal pre-pandemic activity.
Proactive policing patrols of the city centre and the Victorian Quarter areas help to deter incidents of assaults and associated public order offences. Additional Gardaí are employed on overtime on Friday and Saturday nights to supplement the working units in order to maintain a strong policing presence in the area and to promote confidence in the public coming into the city. Undoubtedly, these additional resources have led to increased detections of offences and consequent arrests.
In accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes decisions on the deployment of personnel among the various Garda Divisions.
The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation in excess of €2 billion for 2022. This significant investment demonstrates the Government's commitment to increasing the Garda workforce to enable the organisation to keep our communities safe, including in Cork city and county, and to preventing crime in all its forms.
I can inform the Deputy that as of 30 April 2022, Cork City Division has 727 Gardaí assigned to it, Cork North Division has 331 Gardaí assigned to it, and Cork West has 295 members assigned there. These figures amount to an increase of over 12%, over 10% and almost 5% in each respective Division since 2016.
There are also 118 Garda staff in Cork City, 41 in Cork North and 36 in Cork West Division. These figures amount to a significant increase of 100%, 51% and 50% respectively since 2016, when there were 59 Garda staff assigned to Cork City, 27 in Cork North and 24 in Cork West Division. This increase in the number of Garda members and staff will deliver significant growth in operational policing hours and improved services to the public generally.
I am also assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use. I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.
An Garda Síochána also runs a number of proactive policing initiatives aimed at reducing assaults and improving feelings of community safety, including Operation Soteria (the national assault reduction strategy).
25. Deputy Martin Kenny asked the Minister for Justice the current status of the investigation into the cancellation of 999 calls; and if she will make a statement on the matter. [26064/22]
Amharc ar fhreagraAs I have indicated previously, I consider that any inappropriate cancellation of 999 calls is a very serious issue. This falls significantly below the high standards that the public expect from the Gardaí and the high standards that An Garda Síochána set for themselves. The Garda Commissioner has assured me that when someone calls 999 now, they can expect and trust that An Garda Síochána will help, and of course that should always be the case.
In February of last year, I requested the Policing Authority to oversee the ongoing work by An Garda Síochána to review how 999 calls are handled. The Garda investigation into this matter, overseen by the Policing Authority, is ongoing. It is welcome that there has been ongoing engagement on this issue between the Authority and the Commissioner at both their public and private meetings.
As the Deputy will be aware, the Authority commissioned an external expert, Derek Penman, former Assistant Chief Constable of Police Scotland, to conduct an independent, preliminary examination of the adequacy of the review being undertaken by An Garda Síochána of the invalid and unwarranted closure of Computer Aided Dispatch incidents.
The purpose of this external examination is to give independent, expert assurance and advice to the Authority, to the Commissioner and most importantly to the public. The assurance sought is that the methodology being used by An Garda Síochána to examine incidents will deliver what is required to understand what happened, its impact and how the organisation can prevent its reoccurrence.
The Policing Authority published an interim update by the independent expert last November and it outlined key findings and recommendations, which were accepted by the Commissioner. A further phase of Mr. Penman's examination involves listening to a structured sample of calls and I understand this work began this week. Following the conclusion of this examination, a report will be produced by the independent expert in due course for consideration by the Authority, and I look forward to the outcome of this and will consider any further findings and recommendations in this regard.
26. Deputy Brendan Smith asked the Minister for Justice the additional measures that will be implemented by her Department and by agencies under the remit of her Department in relation to tackling the scourge of illegal drugs throughout the country; and if she will make a statement on the matter. [26117/22]
Amharc ar fhreagraThe Government is acutely aware of the significant and sustained damage that drug dealing inflicts on communities across the country. Organised criminal activity, including drug dealing, represents a serious threat to community safety.
As the Deputy will be aware, the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy, 'Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025'. This strategy represents a whole-of-government response to drug and alcohol use in Ireland.
The Government’s strategic approach is health-led to reduce demand while balancing this approach with reducing access to illegal drugs. The strategy also aims to reduce the numbers criminalised for the possession of drugs for personal use, diverting these people to health and diversion treatments to address their habits and behaviours.
The strategy is being delivered under the stewardship of the Minister of State at the Department of Health, Mr Frank Feighan, T.D., and encompasses actions by a range of Government Departments and agencies in partnership with the community and voluntary drug treatment sectors. My Department, along with its associated agencies, continues to work closely with all stakeholders within the oversight structures to implement the strategy, the National Oversight Committee and Standing Sub-Committee.
While the strategy aims to support the most vulnerable people who use drugs, it is also matched with strong enforcement measures across government to tackle the supply of illegal drugs. The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. I am advised by the Garda authorities that in 2021, the GNDOCB seized almost €64m worth of illicit drugs and over €5.6m in cash, a significant increase from 2019, when there were over €21m worth of illicit drugs and over €2.5m in cash seized.
The Bureau’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities. GNDOCB also works closely and productively with international law enforcement partners. Gardaí continue to work closely with local authorities, the HSE, NGOs, community groups and other State agencies to tackle the problems of drug addiction and abuse.
I can inform the Deputy that on 2 July 2021, An Garda Síochána commenced Operation Tara, which has a strong focus on tackling street-level dealing throughout rural and urban Ireland. The focus of Operation Tara is to disrupt, dismantle and prosecute drug trafficking networks, at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local sale and supply of controlled drugs.
Recent successes of Operation Tara include the seizure of an estimated €1.12 million of suspected cannabis and €420,000 of suspected cocaine in Counties Kildare and Meath on 7 May and the seizure of approximately €52,000 worth of cannabis plants in Bailieboro, Co Cavan on 26 April.
27. Deputy Richard Bruton asked the Minister for Justice the actions that her Department is taking, including legislative action to break the link between gangland criminals and children they try to recruit; and if she will make a statement on the matter. [25983/22]
Amharc ar fhreagraI can assure the Deputy that tackling organised criminal gangs and diverting children away from criminal activity is a key priority for the Government and an ongoing priority for An Garda Síochána. The exploitation of young people and children is a particular concern.
I am very conscious of the repercussions that criminal activity can have on the quality of life for residents in local communities and particularly the children targeted for recruitment into gangs. It is important that people of all ages feel safe and are safe in their communities.
As the Deputy will be aware, while an adult may be prosecuted for a crime which has been committed by a child who has been incited to do so by the adult, there is currently no mechanism in law for explicitly recognising the damage done to the child.
The Programme for Government commits to developing a law which would take account of this and penalise adults for the exploitation and harm done to the child in such cases. Justice Plan 2022 contains several actions under the objective to divert young people away from crime and anti-social behaviour. A specific priority is the action to publish new criminal legislation by the end of Quarter 4 that will deal with adults who groom children into criminal activity.
It should be noted that this is a complex area as in many cases the adult in question is known to the child and may in some cases even be a family member, causing potential issues with regard to witness testimony.
In parallel to legislative action, my Department will continue to roll out the community intervention programme, 'Greentown', which seeks to break the link between children who are engaged or at risk of engaging with a criminal gang. As part of the wider Greentown project, targeted interventions are to be piloted to further protect children in Ireland from becoming involved in criminal networks.
The introduction of new criminal legislation to break the link between gangland criminals and children they try to recruit will form part of a broad suite of legislative measures to tackle criminal gangs that have been introduced in recent years, such as:
- The Proceeds of Crime (Amendment) Act 2016, which provides additional Garda powers for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of;
- The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014, providing for the establishment and operation of the DNA database providing Gardaí with links between people and unsolved crimes;
- The Criminal Justice (Amendment) Act 2009, introduced to protect the justice system from being subverted by criminal groups, including potential intimidation of juries.
With regard to broader issues of youth justice, the Deputy may also wish to note that the Youth Justice Strategy 2021-2027 identifies a wide range of related and complementary measures and programmes which can assist young people in making positive life choices and avoiding repeated involvement with the criminal justice system. Significantly, the strategy commits to broadening the Youth Diversion Programme (YDP) service so that every child or young person who would benefit from this service may do so, primarily through the expansion of the geographical coverage of the existing network of 105 YDPs, but also through the establishment of a small number of new projects where a need is identified.
As the Deputy will be aware, YDPs operate as a vital support to the statutory Garda Diversion Programme in cooperation with local Gardaí. My Department funds the operation of all 105 YDPs across the State at present, which are operated by community-based organisations.
28. Deputy Jennifer Murnane O'Connor asked the Minister for Justice if she has proposals to ease the legal and courts process for victims of gender and domestic violence; and if she will make a statement on the matter. [25989/22]
Amharc ar fhreagraI would like to thank the Deputy for raising this matter as protecting and supporting victims of Domestic, Sexual and Gender-based Violence (DSGBV) is a key priority for me as Minister.
When someone who has suffered any form of DSGBV comes forward and turns to our legal and courts process, we know this can be an incredibly daunting prospect.
We need to ensure we have a system that does everything it can to support and protect them on that journey and make sure they do not become re-victimised by the system at any point or by anyone they encounter as they engage with it.
We also know that historically this was not always the case and major reform was both needed and long overdue.
It has been my aim since I became Minister to ensure that when victims of such crimes begin to engage with the legal system, they will know what to expect, what their legally enforceable rights are and the supports available at every step in the process. We are working to increase and strengthen the level of supports available and to ensure that victims are aware of, and receive, those supports.
These initiatives are, of course, in addition to my ongoing work to support vulnerable victims through the implementation of Supporting a Victim's Journey implementation plan and in the context of developing the third national strategy on domestic, sexual and gender based violence.
I know the Deputy is aware of how of Supporting a Victim's Journey is progressing from our previous interaction on that matter, including in my response to her question on the 26th of April. In my reply to that question, I provided the Deputy with a full list of how each action was progressing in tabular form as was requested.
In addition to the ongoing work to implement Supporting A Victim's Journey, I would like to inform the Deputy that we are in the final stages of preparing the third national strategy and there are going to be a number of actions in relation to the legal and courts processes included there too.
There will be actions building on Supporting a Victim's Journey and and there will also be actions to address family law with links to the Family Justice Strategy and an action to enhance access to the Court process.
29. Deputy Mark Ward asked the Minister for Justice the number of community gardaí in the Clondalkin, Ronanstown, Lucan and Rathcoole Garda stations; and if she will make a statement on the matter. [24872/22]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the deployment of Garda members throughout the State.
The Government is committed to ensuring that An Garda Síochána has the resources it needs, with an unprecedented allocation provided in Budget 2022 of over €2 billion.
I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimal use. I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.
I am advised by the Garda authorities that on 30 April 2022, the latest date for which figures are available, there were 64 Community Gardaí assigned to the DMR West. This represents an increase of 20% since December 2016.
The table below, which has been provided to me by the Garda authorities, sets out the number of Community Gardaí assigned to Clondalkin, Lucan, Rathcoole, and Ronanstown Garda stations at 30 April 2022, the latest date for which figures are available.
|
Station |
Garda |
Sergeant |
Total |
|
Clondalkin |
8 |
1 |
9 |
|
Lucan |
5 |
1 |
6 |
|
Rathcoole |
4 |
0 |
4 |
|
Ronanstown |
8 |
2 |
10 |
|
Total |
25 |
4 |
29 |
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. It is important to note, however, that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in the course of carrying out their duties.
Indeed, this is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.
30. Deputy Thomas Gould asked the Minister for Justice if she will consider a pilot initiative in Cork city to tackle anti-social behaviour in housing estates. [26023/22]
Amharc ar fhreagraAs the Deputy will be aware, the Government is committed to tackling anti-social behaviour and a number of priority actions are contained in the Programme for Government and Justice Plan 2022 to reduce instances of such behaviour and help people feel safe in their local communities.
In line with the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour to examine a broad range of issues with a focus on developing measures which will counteract the negative impact of such incidents on community morale and quality of life. Two subgroups have been established under the forum to consider the specific issues of knife crime and the misuse of scramblers and quadbikes. Other subgroups may be established to tackle additional specific issues as required.
I am advised by the Garda authorities that there are a range of fora in place in the Cork division for anti-social behaviour to be identified and responded to.
For instance, under the Community Policing Framework, An Garda Síochána is in regular contact with community representatives, councillors, resident associations and members of the public. This allows for the sharing and gathering of information around issues of anti-social behaviour. In turn, Community Policing Units target these areas in an effort to alleviate the issue. The Garda Analysis Service also assist in identifying areas of concern.
Members of the public can also highlight anti-social behaviour through Community Safety Forums which are held at least three times a year throughout Cork city. I am informed that any location highlighted as a concern for anti-social behaviour is noted at such meetings and added to a tasking sheet within the relevant Community Engagement Area and station for the implementation of increased patrols.
Liaison with external stakeholders is conducted on a near constant basis by Garda Community Engagement teams, including with Cork City Partnership, Hollyhill Youth Project, Cork City Council, as well as local sporting clubs. Community Policing members also liaise with Muintir Na Tíre and this is designed around safety for the elderly, particularly those living in areas of where anti-social behaviour is reported.
The Joint Policing Committee is an additional forum where An Garda Síochána engages with external agencies to identify problem hotspots across the city. This will ultimately be expanded into a Local Community Safety Partnership when the Policing, Security and a Community Safety Bill is enacted.
More generally, the Department's community safety policy is published on the Gov.ie website and will be delivered through new Local Community Safety Partnerships (LCSPs), currently being piloted in three locations: Dublin’s North Inner City, Longford and Waterford. The pilots will run for two years and a robust evaluation is ongoing during this process in order to ensure the proposed structures are fulfilling their objectives, this process will inform the national rollout of the LCSPs across local authority areas.
The Deputy may also wish to note that my Department opened applications on 11 April for the new Community Safety Innovation Fund, which will see the proceeds of crime re-invested in local projects to improve community safety. The fund will have an initial outlay of €2m for this year and will be subject to a robust evaluation at the end of Year 1 to inform future decisions.
It is anticipated that the kind of projects which may be supported will include new activities, not already covered by existing funding streams, including projects to:
- tackle crime or reduce the fear of crime;
- support the creation of safe and resilient communities; and
- divert vulnerable individuals away from engagement in criminal behaviour.
The fund is open to bodies involved in community safety and will support them in addressing local needs and opportunities for innovation not provided for in other funds managed by Departments and agencies. The call for applications for the fund runs until 8 June 2022 and grants will range from €20,000 to €150,000.
If the Deputy is aware of any suitable projects in Cork, I would urge you to encourage them to apply for funding. Completed application forms are to be returned by 5pm on 8 June 2022 to a dedicated email address: CommunitySafetyInnovationFund@justice.ie
As the Deputy may be aware, the Youth Justice Strategy 2021-2027 also provides a comprehensive developmental framework to support children and young people subject to multiple disadvantage and guide them away from involvement in anti-social or criminal behaviours. Critically, the strategy commits to broadening the Youth Diversion Project (YDP) service so that every child or young person who could benefit from this service may do so, primarily through the expansion of the geographical coverage of the existing network of 105 Youth Diversion Projects, but also through the establishment of a small number of new projects where a need is identified. The YDP service will continue to play a vital role in combatting anti-social behaviour and supporting communities.
Finally, one of the two pilots of the Youth Joint Agency Response to Crime (Y-JARC) is currently taking place in Cork, operated out of the Mayfield and Gurranabraher Garda Districts. This pilot seeks relevant State agencies to engage with the young people identified as causing most harm in their locality in a joined-up manner, in order to provide the necessary support to assist them in ceasing their offending behaviour.
31. Deputy Neale Richmond asked the Minister for Justice if she will consider introducing mandatory minimum sentences for those persons who assault frontline workers; and if she will make a statement on the matter. [25984/22]
Amharc ar fhreagraI am sure the Deputy will join me in condemning any assaults made on our frontline workers. I would encourage anyone with knowledge of such offences to report this information to their local/nearest Garda station. It is imperative that frontline workers are protected in carrying out their work and that the law reflects and responds to the situations in which they find themselves.
There are a range of robust legislative provisions available to the Garda authorities for such offences. Any assault causing harm on any person is an offence under section 3 of the Non–Fatal Offences Against the Person Act 1997. A person convicted of such an offence would be liable on summary conviction to imprisonment for a term not exceeding 12 months, or to a maximum fine of €2,500, or to both, or, on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.
In addition, section 19 of the Criminal Justice (Public Order) Act 1994 provides for the offence of assault or threatening to assault certain categories of persons. Such persons include a person providing medical services in a hospital, or any person assisting such a person, a peace officer or any person assisting a peace officer, or any other person with intent to resist lawful apprehension or detention for an offence. The term 'peace officer' includes members of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces.
A person convicted of an offence under section 19 of the 1994 Act would be liable on summary conviction to a maximum fine of €5,000, or to imprisonment for a term not exceeding 12 months, or to both. A person convicted of such an offence on indictment would be liable to a fine or to imprisonment for a term not exceeding 7 years, or to both. The latter penalty was increased from a maximum term of 5 years in 2006.
As the Deputy will appreciate, sentencing in individual cases is a matter solely within the discretion of the trial judge, having regard to the circumstances of the case and of the accused and subject to any limits as may be prescribed by law for a particular offence. The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender; in that process, identifying where on the sentencing range the particular case should lie, and then applying any mitigating factors.
An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.
On mandatory sentences, I am mindful that there are differing views and I will continue to keep the law in this area under review.
In December 2021, my Department commenced a review of enactments providing for the imposition of minimum mandatory sentences in accordance with section 29 of the Judicial Council Act 2019. A report is to be provided to the Oireachtas on foot of this review by December of this year.
The Deputy may also be aware that mandatory minimum sentences for second or subsequent offences are unconstitutional post the 2019 Ellis judgment of the Supreme Court. On foot of this judgement, it was necessary to repeal all such offences in 2021 via the Criminal Justice (Amendment) Act 2021. These offences related primarily to certain firearms and misuse of drugs offences.
Finally, the Judicial Council Act 2019 provides for a range of matters, including provisions relating to developing schemes for judicial education and training provisions and provisions on sentencing guidelines, which are intended to assist with more consistency in sentencing. The Judicial Council is currently putting in place a Sentencing Information Committee, a function of which will be to collate and disseminate information on sentencing in respect of criminal offences.
32. Deputy Richard Bruton asked the Minister for Justice the progress that is being made in implementing the plan Supporting a Victim's Journey; and if she will make a statement on the matter. [25982/22]
Amharc ar fhreagra42. Deputy Emer Higgins asked the Minister for Justice the steps her Department is taking to support victims of crime through the judicial process; and if she will make a statement on the matter. [26070/22]
Amharc ar fhreagra60. Deputy Colm Burke asked the Minister for Justice the steps that are being taken to improve the operation of the criminal trial process for victims; and if she will make a statement on the matter. [26076/22]
Amharc ar fhreagraI propose to take Questions Nos. 32, 42 and 60 together.
I would like to thank the Deputies for raising this important matter.
My Department is leading a number of important initiatives to ensure we better support victims of crime.
When a victim of crime begins to engage with the justice system they should know what to expect, be confident they will be treated respectfully and sensitively, know what their legally enforceable rights are and what supports are available at every step in the process.
The implementation of Supporting A Victims Journey, my plan to give effect to all 52 recommendations arising out of the O'Malley Review, continues to be a priority.
I chair the Implementation Oversight Group for this work and at its last meeting in February I received an update on how each of the actions are progressing. I am happy with the progress that is being made, thanks to the shared dedication of all participants to reform our criminal justice system and to make sure the needs of the victim are paramount.
To date, some of key actions delivered as part of the implementation of Supporting a Victim’s Journey address areas of the trial process identified as being traumatic for victims. The reforms introduced will help to make sure they are not victimised further by the processes they need to go through in order to seek the justice they deserve. Some of these actions include:
- The introduction of preliminary trial hearings which will reduce delays and increase efficiency in how our criminal trials are run and will remove some of the uncertainties victims face about potential issues arising after a trial has started. While Preliminary Hearings will not change the fact that a trial is an adversarial process, their introduction should make trials more predictable and help them run more smoothly;
- The nationwide rollout of Divisional Protective Services Units (DPSUs);
- The first cohort of staff at a new sexual offences unit in the Director of Public Prosecutions office formally took up their roles in April;
- Work to advance the training for all personnel who come into contact with vulnerable victims is underway;
- An academic consultant from the University of Limerick has been tasked with developing the framework for the operation and training of intermediaries. I announced the launch of the new qualification programme at the University of Limerick earlier this month. Once training of these intermediaries has taken place, a pilot will take place in two locations; one in Dublin and one in a rural area.
In addition to the above, a review of the supports and funding of civil society organisations providing frontline services has been conducted to identify where gaps may exist and how to bridge them. Specific geographical areas and categories of victims that are not adequately covered by NGO supports were identified and last November my Department engaged with relevant NGO partners to agree revised funding to ensure that we met the gaps identified.
As regards the progression of the sexual offences legislation recommended in the O’Malley Report, work has started on drafting the heads of a General Scheme of a Sexual Offences Bill, which is expected to go to Government later this year. The Bill will make provision for:
- Extending victim anonymity to further categories of victims
- Repealing provisions for sentences to be delivered in public
- Legal representation for victims in certain cases.
Other initiatives being progressed, which are intended to assist victims to be aware of their rights and know where to go to get support, include:
- The publication of an updated Victims Charter and a supporting website which sets out all the information a victim of crime might need in an easily accessible and user friendly way;
- A campaign to raise awareness of the rights afforded to people under the Victims of Crime Act 2017;
- The establishment of the Victims’ Forum for state, social and community groups to discuss how best we can work together to meet the needs of victims.
In addition to our work to reform the criminal justice system so that it better supports victims, I recently announced funding for 2022 totaling €4.6m for more than 60 organisations that provide support to victims of crime. This is an increase of over 20% on the previous total fund of €3.8m which was made available in 2021.
I am confident that through increased funding, together with our work to implement the actions set out in Supporting a Victims Journey, we will ensure that have a system that removes fear and empowers victims to have the confidence to report an offence, knowing they will be supported, informed and treated respectfully and professionally for the entirety of the difficult journey they have to face.
33. Deputy Cathal Crowe asked the Minister for Justice if she has any plans to review the current procedures relating to access to protection orders; and if she will make a statement on the matter. [26074/22]
Amharc ar fhreagraI understand from clarifications provided, that the Deputy is referring to the procedures in place when a victim of domestic violence first makes contact with the Gardaí, and officers assess risk as part of the assistance they provide to the victim.
As the Deputy will be aware, An Garda Síochána play a vital role in how we, as a State, work together to combat domestic violence and support victims.
It is important to note that all Gardaí are trained as first responders so they are equipped to deal with victims, including victims of domestic violence.
Last year, An Garda Síochána devised mandatory online training for its personnel in the area of domestic abuse, which is a comprehensive training package consisting of instructor-led videos presented by subject matter experts from the Garda National Protective Services Bureau (GNPSB). It also includes periodic knowledge checks and supporting materials
I'm informed by the Commissioner that the service is currently implementing the Risk Evaluation Tool, which went live in the North Western Region on 30th September 2021, Southern Region on 15th February 2022 and Eastern Region on 30th April 2022, with training underway in the Dublin Metropolitan Region.
This tool essentially assesses the level of risk associated with a victim of domestic abuse for each reported incident and it informs and guides the Garda response in respect of the investigative and/or protective measures to be considered and implemented for all domestic abuse incidents and victims.
It further prompts the relevant Superintendent to appoint the appropriate skilled investigator.
As stated and reinforced both in the training for the Risk Evaluation Tool and in the domestic abuse training delivered across the Garda organisation, the primary responders and investigators for domestic abuse incidents and investigations are frontline uniformed and detective Gardaí.
It is important to note also that An Garda Síochána has now established a Divisional Protective Services Unit (DPSU) in every Garda division across the country. This ensures that vulnerable victims of crimes, such as domestic abuse and sexual violence, presenting to Gardaí are met with specially trained Gardaí who can provide a consistently high standard of specialist, sensitive, professional and expert assistance.
Under Budget 2022, an additional €1m is being provided to An Garda Síochána specifically to refurbish and upgrade the Divisional Protective Service Units. This commitment will allow us to better support and protect vulnerable victims.
In addition, the rollout of body worn cameras, as provided for in the Garda Síochána (Digital Recording) Bill 2022, the General Scheme of which was published last month, will be particularly helpful to Gardaí when called as first responders to domestic abuse incidents.
Both the Commissioner and I are committed to tackling domestic, sexual and gender-based violence in all its forms, and to ensuring that people, particularly women and vulnerable people, feel safe and are safe in our communities.
34. Deputy Colm Burke asked the Minister for Justice her legislative priorities in relation to tackling domestic, sexual and gender-based violence; and if she will make a statement on the matter. [26075/22]
Amharc ar fhreagraAs the Deputy is aware, I am currently leading work on a new whole of Government strategy to combat domestic, sexual and gender-based violence. This new plan will have a particular focus on prevention, and on ensuring victims are better supported. It will set an overall goal of zero tolerance in our society of domestic, sexual and gender-based violence.
As part of this, I am focused on strengthening legislation to combat all forms of DSGBV.
I recently secured Government approval to draft legislation to make stalking and non-fatal strangulation standalone offences.
While both stalking and non-fatal strangulation are already crimes, I am proposing a number of changes to make the law in this area clearer and stronger.
These new provisions, which will be included in the Criminal Justice (Miscellaneous Provisions) Bill, will:
- Amend section 10 of the Non-Fatal Offences Against the Person Act 1997 to introduce a standalone stalking offence, and amend the existing harassment offence
- Empower the courts to issue orders restraining stalking behaviours without a criminal prosecution
- Strengthen procedural protections for alleged victims of stalking during the court process
- Introduce a standalone offence of non-fatal strangulation
The evidence is that when a specific stalking offence is introduced, it leads to a greater awareness of the crime and an increase in the number of crimes reported and ultimately prosecuted.
In the summer, I will publish a new Hate Crime Bill which will introduce new, specific aggravated offences with enhanced penalties for crimes motivated by prejudice against certain characteristics, including gender. This will mean that certain types of crimes can be prosecuted as hate crimes where they are motivated by misogyny.
For other crimes, where there isn’t a dedicated hate-aggravated offence, the new legislation will require the court to take misogyny into account where there is evidence that this was the motivation, to reflect that fact in the sentence, and to reflect the fact that the crime was aggravated by this form of prejudice in the formal record.
Before the end of September, I will publish a new Sexual Offences Bill which will introduce important changes including:
- Extending victim anonymity to further categories of victims
- Repealing provisions for sentences to be delivered in public
- Legal representation for victims in certain circumstances
Separately, I will seek to enact the Sex Offenders Bill later this year which will strengthen the management and monitoring of sex offenders in the community.
Under Justice Plan 2022, I have committed to examine reforms to the law on the mandatory life sentence for murder to allow judges set a minimum number of years to be served. I believe this reform will give the public more confidence that, in the most heinous murder cases, judges will have the discretion to set a minimum sentence.
35. Deputy Neasa Hourigan asked the Minister for Justice when the gambling regulation Bill will be introduced in the Houses of the Oireachtas; if the Bill will prevent gambling promoters and bookmakers using their own premises to erect large unlicenced signage and if she will make a statement on the matter. [25808/22]
Amharc ar fhreagraResponsibility for the regulation of bookmakers’ premises is currently a matter for the Minister for Finance as provided for the under the Betting Acts 1931 – 2015.
Section 20 of the Betting Acts address a number of matters that apply to bookmakers’ premises, such as what may be placed and displayed outside premises, as well as restrictions on the material and information that may be displayed inside and outside a bookmaker’s premises.
Therefore, I hope the Deputy will appreciate that my Department currently has no responsibility for the matters raised in the query, as the operation and enforcement of the Betting Acts are the responsibility of the Minister for Finance and his Department.
However, as the Deputy is aware, the Programme for Government gives a clear commitment to establish a gambling regulator focused on public safety and well-being, covering gambling online and in person, and the powers to regulate advertising, gambling websites and apps.
The Government has approved the Gambling Regulation Bill for priority drafting and publication and drafting of the Bill is underway. There is a pathway mapped for this legislation progressing which, with the cooperation of the Houses of the Oireachtas, will facilitate the Authority being established and operational in 2023.
The publication by the Justice Committee of its pre-legislative scrutiny report on the General Scheme is another welcome step in the process. Now that my Department has received the pre-legislative scrutiny report, we will examine and consider the recommendations and findings of the Committee.
Recruitment of the CEO Designate is also underway through an open Public Appointments Service competition.
A Programme Board has been established in my Department to ensure that the legislation and the operational preparations are progressed in parallel so that the Authority commences operations as soon as possible after enactment.
As provided for in the Bill, the Authority will develop codes and regulations in relation to advertising, promotion and sponsorship by licence holders, providing for a comprehensive and far reaching set of checks and balances in respect of gambling advertising.
These codes and regulations include measures to address:
- where, when and the form in which advertising may be broadcast, published, or displayed:
- the times gambling advertising can appear on television, radio, on-demand audio-visual media services and video-sharing platform services each day;
- the frequency and volume of gambling advertising generally;
- a prohibition on the use of material that would appeal to children in gambling related advertisements; and
- the prohibition of targeted and unsolicited advertising of gambling across a range of media and technology platforms except where a person has given their consent to receive it.
These codes and regulations will be developed in co-operation with relevant statutory bodies concerning broadcasting and advertising, and following consultation with licence holders or their representatives.
36. Deputy Dara Calleary asked the Minister for Justice if she plans to update and revise bail laws; and if she will make a statement on the matter. [25994/22]
Amharc ar fhreagra40. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the revised bail law legislation has been effective in preventing reoffending while on bail; and if she will make a statement on the matter. [26021/22]
Amharc ar fhreagra562. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which further measures in relation to bail are required in order to combat crime while on bail; and if she will make a statement on the matter. [26493/22]
Amharc ar fhreagraI propose to take Questions Nos. 36, 40 and 562 together.
As the Deputy will appreciate, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is deemed innocent until proven guilty in a court of law.
While the State’s bail laws do provide for the refusal of bail in certain circumstances, the presiding judge is entirely independent exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge.
As the Deputy may be aware, the Bail Act 1997, followed on foot of the 1996 referendum on a proposed amendment to the Constitution enabling a court to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail.
Over the last twenty five years, the State’s bail laws were further strengthened, specifically by the Criminal Justice Act, 2007, the Criminal Justice Act, 2015, and the Criminal Justice Act, 2017.
In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail.
The 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail. If an individual fails to comply with any bail conditions, the judge will issue a bench warrant and this gives An Garda Síochána power to arrest and bring the person before the court to answer all charges relating to the bail.
In the event of a breach of High Court bail, the defendant must be brought before the Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge and an order and/or surety for ‘forfeiture and estreatment’ of the bail money.
While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are kept under review, in light of the existing provisions and safeguards relating to the granting of bail. However, I can inform the Deputy there are no immediate plans to introduce further bail legislation at this time but I will keep the law under active review.
37. Deputy Gino Kenny asked the Minister for Justice if she will amend the regularisation of long-term undocumented migrant's scheme to ensure that those who are unsuccessful in their application to the scheme will not suffer targeting and deportation as a result of their attempt to be documented; and if she will make a statement on the matter. [26061/22]
Amharc ar fhreagra58. Deputy Gino Kenny asked the Minister for Justice if she will amend the regularisation of long-term undocumented migrants' scheme to include all persons that are in need of regularisation; and if she will make a statement on the matter. [26059/22]
Amharc ar fhreagraI propose to take Questions Nos. 37 and 58 together.
My Department opened the once-in-a generation scheme for the Regularisation of Long Term Undocumented Migrants in the State on 31 January 2022 for a six month period. The scheme is designed, following detailed engagement with the people affected, to give long-term undocumented people without a current immigration permission the chance to regularise their status, access the labour market and begin their path to citizenship.
Anyone who receives a refusal of their application will be able to appeal that decision. If their appeal is also unsuccessful, or if they do not appeal, and they do not have another open application with my Department, other immigration options can be explored. A pragmatic approach is taken in relation to each case, which is considered on its individual merits, including a consideration of their private and family life rights, in accordance with the European Convention on Human Rights.
The criteria for the scheme, including the period of four years undocumented residence at the date of the opening of the scheme for primary applicants, have been designed in line with the Programme for Government commitment, and are not open to change.
I encourage everyone eligible for the scheme, who has not yet made an application, to do so before the closing date. I can assure people that we are examining applications pragmatically and humanely and we are considering all viable proofs of residence.
38. Deputy Catherine Connolly asked the Minister for Justice the status of the interdepartmental group tasked with reviewing the current system for the provision of refuge space and accommodation; the terms of reference of the group; the membership of the group; the number of times that the group has met to date; the details of any interim reports or updates that she has received from the group; and if she will make a statement on the matter. [25991/22]
Amharc ar fhreagraAs the Deputy may be aware, in February, Ministers O’Gorman and I welcomed the publication of the Tusla review of accommodation services for victims of domestic, sexual and gender-based violence.
The review identifies priority areas where there is greatest urgency in achieving safe accommodation for victims of domestic violence and we will use the findings of this review to inform how we address gaps in the provision of refuge places.
We all acknowledge the need to dramatically increase the provision of refuges.
While the review says that a minimum of between 50 and 60 new refuge places are needed as a priority, further analysis has identified 10 locations nationwide where the delivery of 82 family refuge spaces would have the most impact, if prioritised.
These locations have been chosen, inter alia, on the basis of proximity to an existing refuge and the number of refuge spaces per head of population in densely populated areas.
It is our goal that everyone who needs a refuge space will get one, and I am committed to working with my Government colleagues and with the sector to achieve that goal.
At present, the time taken from initiation to the delivery of units can be a number of years. I want to take actions to shorten that timeframe and, to that end, have established a high level Inter-Departmental Group to review the current system for the provision of refuge spaces and to identify changes that can be made to the system to deliver additional spaces in the shortest timeframe possible.
The Group was convened in February with the following terms of reference:-
1. Critically review the existing model of DSGBV accommodation delivery including design approaches and the capacity of groups to commission.
2. Develop revised model(s) of delivery designed to deliver, in the first instance, the 82 family refuge spaces in the 10 locations identified in the Tusla Review of the Provision of Accommodation for Victims of Domestic Violence.
3. Based on the implementation of that model(s), estimate the time it will take to deliver the 82 family refuge spaces; the capital and current costs of doing so; and estimate the number of units that can be delivered during the lifetime of the Third National Strategy.
4. Report to the Minister for Justice by 30 June.
The IDG group are also prioritising Carlow and Offaly for additional refuge accommodation.
The Group is chaired by my Department and has representatives from the following Departments/Agencies:
- Department of the Taoiseach
- Department of Children, Equality, Disability, Integration and Youth
- Department of Housing, Local Government and Heritage
- Department of Justice
- Department of Public Expenditure and Reform
- Tusla.
The Group has met on 5 occasions to date and plans to hold 2 further meetings before it submits its final report to me.
The work of the IDG is at an advanced stage and its deliberations are already feeding into the finalisation of the implementation arrangements for the forthcoming Third National Strategy. I look forward to receiving its report next month, and to continuing to address this serious matter as a top priority for the Government.
39. Deputy Marc Ó Cathasaigh asked the Minister for Justice the recorded number of arrests under the Criminal Law (Sexual Offences) Act 2017 during its operation; and if she will make a statement on the matter. [26020/22]
Amharc ar fhreagraAs the Deputy is aware, Part 4 of the Criminal Law (Sexual Offences) Act 2017 provides for two new offences of paying for sexual activity with a prostitute and paying for sexual activity with a trafficked person. The Act also removes those who offer their services as a prostitute from the existing offences of soliciting for the purpose of prostitution.
One purpose of these measures is to provide additional protection to persons involved in prostitution and to allow them to make reports to the Gardaí, for instance where they have been subjected to violence by clients, without fear or concern of being prosecuted for selling sexual services.
In July 2020 my Department contracted an independent expert to undertake the review of Part 4 of the Criminal Law (Sexual Offences).
As part of the review, an online public consultation was opened and contributions were received from a broad range of organisations with different perspectives. The review will consider all aspects outlined in the Terms of Reference.
While the review is independent of the Department, the expert has advised that she expects to be in a position to present the outcome of the review shortly.
I am advised by the Garda authorities that a search of the PULSE database was conducted on 19 May 2022 for charges and summons associated with the Criminal Law (Sexual Offences) Act 2017 or a section of another act which was amended or substituted by the Criminal Law (Sexual Offences) Act 2017.
The number of Charges/Summons by year in the period 2017 to 19 of May 2022 is shown in the table below.
|
Year |
2017 |
2018 |
2019 |
2020 |
2021 |
2022* |
Total |
|
Count of Charges/Summons |
42 |
117 |
222 |
338 |
407 |
182 |
1308 |
*Up to 19 May 2022
Please note that the response refers to persons arrested and charged with an offence as an arrest record would not refer to specific legislation but a charge record would.
I am further advised that Incident data is based upon operational data from the PULSE system as was available at 01:00 on 19/05/2022 and is liable to change.
