Written Answers Nos. 61-80
61. Deputy Martin Kenny asked the Minister for Justice if she will outline the financial and functional supports that have been provided to the Dublin Coroner for the Stardust Inquest; and if she will make a statement on the matter. [26068/22]
Amharc ar fhreagraAs the Deputy will be aware, Budget 2021 included an allocation of up to €8 million in funding for the new inquests into the victims of the 1981 Stardust fire tragedy. The funding was retained at €8 million in Budget 2022 and is expected to cover costs including the following areas:
- Provision of temporary office accommodation for the Stardust Inquests team;
- Assignment of additional staff to the Dublin District Coroner’s Office;
- Provision of facilities for the public facing elements of the Inquest;
- Development of a website and provision of ICT;
- Provision of legal and expert advice to support the Senior Coroner in her important work; and
- Provision of civil legal aid.
In 2021, a bespoke courtroom was built in the RDS to facilitate the Stardust inquests. This venue was used to hold 8 pre-inquest hearings (with the remainder held in the Coroner’s Court in Store Street) and was also used to hold 97 other Dublin Coroner inquests during this time.
My Department confirmed on 8 February 2022, that it had secured the Pillar Room in the Rotunda Hospital as a new venue for the Stardust Inquests in advance of the expiry of the RDS contract at the end of February. The courtroom for the Inquests has now been installed in the Pillar Room by the OPW. I understand that the Senior Coroner anticipates that the Pillar Room will be used to hold the next pre-inquest hearing scheduled for June.
In May 2021, the Civil Legal Aid Regulations 2021 was enacted. These Regulations allow all families, on an exceptional basis, to access legal aid for the Stardust Inquest, regardless of their means. The established practice, where a legal aid certificate is granted by the Legal aid Board, is that my Department takes responsibility for the processing of payments authorised by the Board for both solicitors and barristers. These payments come from my Department’s funds and not from the Legal Aid Fund.
While the provisions cited above will be sufficient to cover the initial preparations, the final cost of the Inquests will not be clear for some time. This will depend on the length of time and costs of legal and other expert advice and facilities deemed necessary by the Coroner.
62. Deputy David Stanton asked the Minister for Justice further to Parliamentary Question No.112 of 29 March 2022, when the recruitment competition for the Garda Reserve will be launched; and if she will make a statement on the matter. [26136/22]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible, under the Garda Síochána Act 2005 (as amended), for the management of An Garda Síochána as well as the allocation and distribution of resources. This includes responsibility for the recruitment, training and deployment of Garda members and members of the Garda Reserve. As Minister, I have no responsibility in these matters.
As I noted in my response to the Parliamentary Question to which the Deputy has referred, the Garda Commissioner recently published the Garda Reserve Strategy 2021-2025, which has a focus on how to optimise the Garda Reserve and includes a commitment regarding future recruitment of the Reserve. The first strategic objective of the Garda Reserve Strategy is to recruit Reserve Gardaí on an initial five-year tenure, while eliminating perceived barriers and promoting inclusive recruitment.
Consideration is also being given by An Garda Síochána to ensuring that the Garda Reserve can serve as a pathway to future recruitment competitions for Garda members, where individuals have a desire to progress to that position.
I am advised by the Garda authorities that it is currently anticipated that a Garda Reserve recruitment process will be launched in late 2022 or early 2023, predicated upon agreement with the Public Appointments Service as to the timeframe for the recruitment campaign.
63. Deputy Brendan Griffin asked the Minister for Justice her plans to target the problem of hard drug dealing in rural areas; and if she will make a statement on the matter. [26113/22]
Amharc ar fhreagraThe Government is acutely aware of the significant, sustained damage that drug dealing has on communities across the country. Organised criminal activity, including drug dealing, represents a serious threat to community safety, including rural communities.
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 with reducing access to illegal drugs. The approach 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.
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. I can assure the Deputy that An Garda Síochána continues to prioritise the continued disruption of the supply of all illicit drugs as a key priority.
An Garda Síochána works closely with local communities to address any drug-related issues, including through high-visibility patrolling by uniformed personnel and through intelligence-led operations targeting known criminals. Gardaí also work with the Criminal Assets Bureau to seize the assets of criminals and disrupt their activities and collaborate with other law enforcement agencies, both within and outside the jurisdiction.
The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant success in disrupting the supply of illicit drugs by organised crime groups. Its work is supported by Divisional Drugs Units nationwide and by all Gardaí working in local communities, while working closely with international law enforcement partners. 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.
GNDOCB’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.
As the Deputy may be aware, intimidation is a very serious issue and GNDOCB has worked with the National Family Support Network to develop ‘the Drug Related Intimidation Reporting Programme’ to respond to the needs of drug users and family members experiencing drug-related intimidation. The Commissioner has tasked an Inspector in every Garda Division to respond to the issue of drug-related intimidation. People seeking assistance may contact their local Inspector confidentially who will provide practical personal security and safety information and advice in relation to particular threats or instances of intimidation, along with information on appropriate drug support services for the individual in the family who is accruing drug debts, while also providing information regarding the process involved in making a formal complaint.
On 2 July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, 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 €400,000 worth of cannabis plants in Co. Cork on 9 May.
64. Deputy Paul McAuliffe asked the Minister for Justice her plans to tackle and enhance legislation pertaining to gangland crime; and if she will make a statement on the matter. [26119/22]
Amharc ar fhreagraCombatting organised criminal activity is a key priority for the Government and an ongoing priority for An Garda Síochána.
As the Deputy is aware, the Criminal Justice (Miscellaneous Provisions) Bill is currently being drafted and will provide, among other matters, for an increase in the penalty for conspiring to commit murder and soliciting to commit murder from a maximum term of imprisonment of ten years to a maximum sentence of life imprisonment.
I consider a maximum sentence of life imprisonment to be appropriate given the seriousness of the offences in question. The Deputy will appreciate that, ultimately, the Judiciary is best placed to decide on the appropriate sentence in any given case. The impact of all violent crime spreads far wider than the victims alone and it is vital that the powers available to the Judiciary are such as to provide an appropriate sentence for conspiring to commit the most heinous crime of taking a person's life.
Work is continuing on the drafting of this Bill based on the General Scheme and further legal advices. Justice Plan 2022 commits to the publication of these provisions in the second quarter of this year.
The Justice Plan also commits to working to break the link between gangs and the children they seek to recruit. In 2022, we will progress draft legislation to outlaw the grooming of children into a life of crime. In parallel, we will continue to roll out a community intervention programme, “Greentown”, which seeks to break the link between children who are engaged or at risk of engaging with a criminal gang.
These new measures will build on a suite of legislative measures which have already been taken in recent years, including:
- 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.
As the Deputy is aware, An Garda Síochána strengthened its capacity to tackle organised crime in 2015, through the creation of the Garda National Drugs and Organised Crime Bureau (GNDOCB), headed by a Detective Chief Superintendent reporting to Assistant Commissioner, Organised and Serious Crime. The role of the GNDOCB is to proactively, via intelligence-led investigations, target top tier Organised Crime Groups impacting on this jurisdiction.
This is achieved through effective collaboration with all sections of Organised and Serious Crime, and other sections within An Garda Síochána, through partnerships with other law enforcement agencies such as the Revenue Commissioners and the Naval Service, and partnerships developed with international law enforcement agencies globally.
I am advised by the Garda authorities that in 2021, the GNDOCB seized €63.689m in illicit drugs, and seized cash of €5.6m and £38,751 (UK). In addition, €8.23m and £142,520 (UK) was forfeited to the State in 2021.
On 2 July 2021, An Garda Síochána commenced an enhanced national anti-drugs strategy, 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.
The Deputy may wish to note that recent successes of Operation Tara include the seizure of drugs valued at in excess of €388,000 following a search operation in Finglas on 20 April 2022 and a further drugs seizure in Portlaoise with an approximate street value of €90,000 on 12 May.
65. Deputy Jennifer Carroll MacNeill asked the Minister for Justice if she will consider the recommendations made in a report (details supplied); and if she will make a statement on the matter. [25980/22]
Amharc ar fhreagraAs the Deputy will be aware, the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences arose out of concern about low reporting levels for rape and other sexual assaults and about how victims are treated within the reporting, investigation and trial processes.
The focus on the victim and on reforming the criminal justice process to make the experience as safe and secure for the victim as possible is reflected in each one of the 52 recommendations in the report.
In October 2020, I published and commenced implementation of ‘Supporting a Victim's Journey’, which is a detailed action plan for implementing the reforms that are necessary to ensure a victim-centred approach to the investigation and prosecution of sexual offences.
I am committed to fully implementing ‘Supporting a Victims Journey’ which will address to some extent the matters raised in the report referred to by the Deputy. I would also emphasise that 'Supporting a Victim's Journey' is a living document, and any new action will be considered as required.
The Deputy may be aware that, as part of the reforms I am introducing, the victim will be entitled to their own dedicated legal advice and support throughout the process (not just during the court case) and the availability of legal aid will be extended for this purpose. This will cover legal advice for victims for the duration of the trial, someone whose only role in the case is to advise them.
Provision will be made for the victim to have the same legal representation during Preliminary Trial Hearings and the trial itself if a victim is to be questioned about past sexual history.
I have also set up a number of sub-groups to work on advancing some of the high priority recommendations.
The first of these were tasked with mapping the journey that faces the victim and reviewing the availability of supports and the funding of civil society organisations providing frontline services. This subgroup commissioned an expert consultant to analyse and categorise the supports provided with grant funding made available by my Department.
The consultant identified a) geographical areas and b) categories of victims which represent gaps or unmet needs in the current provision of these support services for victims of crime within the criminal justice system. The consultant completed this exercise in July of last year and my Department contacted identified NGOs to distribute extra funding to provide additional services to address the gaps identified.
Recently I announced funding totalling €4.6m for more than 60 organisations to support victims of crime. This is an increase of over 20% on the previous total fund of €3.8m which was made available in 2021.
The second subgroup is carrying out work on the training of Intermediaries and the establishment of a pilot programme. An academic consultant from the University of Limerick, with the support of the sub-group, has been tasked with developing the framework for the operation and training of intermediaries and will engage with stakeholders in the development of such. 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.
Another subgroup is focused on developing specialist training (legal and otherwise) for the full range of frontline staff and professionals who engage with vulnerable victims, including legal professionals. My Department has engaged a consultant to conduct a mapping exercise to establish what training is already being provided, and in what areas. This exercise has commenced and has a relatively short timeframe for completion so that the next phase of the development work can begin.
Outside of the work of the sub-groups, a number of key actions have been delivered as part of implementing Supporting a Victim’s Journey including:
- 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 last year;
- The establishment of a Victims’ Forum to provide further opportunities to engage closely with frontline organisations who support victims; and
- Work to promote the rights that victims of crime have and the supports that are available to them is advancing, including through the development of a new Victims Charter website www.victimscharter.ie and the distribution of informative printed material to public locations around the country.
In relation to the updates on sexual offences legislation that have been recommended in the O’Malley Report, I have prioritised the drafting of the heads of a General Scheme of a Sexual Offences Bill. Justice Plan 2022 commits to publishing the Sexual Offences Bill later this year. The publication of the journal article referred to by the Deputy, “Towards a Presumption of Victimhood: Possibilities for Re-Balancing the Criminal Process”, written by Mr. Justice Peter Charleton and Orlaith Cross in the Irish Judicial Studies Journal, is a very important contribution to the literature in this area. I can assure the Deputy that the analysis contained in the article and the recommendations made will be fully considered in the context of drawing up the Sexual Offences Bill, which as I have said is a priority.
I am confident that the reforms being implemented as part of Supporting a Victims Journey will create a supportive criminal justice system where every victim of a sexual offence feels that they can come forward confident in the knowledge that they will be supported throughout the entire process, treated fairly and have their dignity respected at all stages.
67. Deputy John Lahart asked the Minister for Justice the action that she is taking to tackle repeat offending; and if she will make a statement on the matter. [26071/22]
Amharc ar fhreagraAs part of our work to ensure a coherent approach to enhancing and sustaining a more just and safe society, the Government committed to reviewing policy options for prison and penal reform. I intend to publish a Penal Policy Action Plan shortly which will set out the actions we will take according to timelines that will be published. Among the issues which will be looked at in the plan are the appropriate use of non-custodial sanctions and the role they can play in addressing criminality, reducing reoffending and providing protection to the public while holding the individual accountable.
Non-custodial penalties, particularly supervised community sanctions, play a significant and important role in addressing criminality, reducing reoffending and providing a degree of protection to the public. This is supported by Central Statistics Office figures on recidivism.
The Criminal Justice (Community Sanctions) Bill 2014 seeks to update the Probation of Offenders Act 1907. The aim of the Bill is to provide a modern statement of the law governing community sanctions, and the role of the Probation Service. It will facilitate the effective and efficient use of community sanctions by the courts, and will ensure that the courts have a wide range of appropriate options for dealing with persons who have committed minor offences.
Justice Plan for 2022 commits that the policy review of the General Scheme of the Criminal Justice (Community Sanctions) Bill 2014 will be completed in Q2 of this year. Once this review is complete, it is expected a revised General Scheme will be agreed in the Q3 of this year with the aim of publishing the Bill in Q4 2022.
The Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that aim to offer purposeful activity to prisoners while serving their sentences and encourage them to lead law abiding lives on release.
The Prison Service Strategic Plan 2019 - 2022 commits to further develop the integration of prisoner care and support services to deliver more effective rehabilitation to prisoners. It aims to enhance sentence planning through Integrated Sentence Management to maximise the potential engagement of prisoners in constructive and structured activities during their time in custody.
The prisons Work and Training service make available work, work-training and other purposeful activities to all those in custody. Work Training Officers have been appointed and assigned to areas such as catering, laundry, industrial cleaning and industrial skills.
The "Working to Change Social Enterprise and Employment Strategy 2021-2023" sets out my Department’s direction for supporting employment options for people with convictions by simultaneously working to remove systemic barriers so that people can make sustainable changes. It builds upon a solid foundation of employment supports already in place across the criminal justice sector and is a collaboration between the Prison and Probation Service and my Department.
The Joint Irish Prison Service/ETBI Education Strategy 2019 – 2022 commits to the provision of broad based education. The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Service. The focus is on providing education which is quality assured, student centred and which facilitates lifelong learning.
As well as seeking to draw on best practice in adult and further education in the community, curriculum development that is specific to prison circumstances have taken place, such as courses on addiction, health issues and offending behaviour. Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts, in preparing prisoners for release and supporting their transition to life, and often to education, on the outside.
We also know that substance abuse is an indicator of an increased likelihood of recidivism.
To look at how we address this, last April, together with the Minister for Health and Ministers of State Frank Feighan and Mary Butler, I established a High Level Taskforce to consider the mental health and addiction challenges of persons interacting with the criminal justice system.
In recognition of the need for a cross-Government approach to meeting the complex needs of such people, the Taskforce comprises representatives from a wide cross section of health agencies, the Justice sector and other relevant stakeholders. I am very pleased with the progress made by the Taskforce to date - they submitted an interim report to Minister Donnelly and I in November 2021 and we now expect to receive the final report and high level implementation plan for their recommendations in the coming weeks.
68. Deputy Alan Dillon asked the Minister for Justice the extent of funding supports for services to victims of crime distributed to non-Governmental organisations across the country in providing a wide range of supports to victims of crime; and if she will make a statement on the matter. [26133/22]
Amharc ar fhreagraProtecting and supporting victims of crime is a key priority for me as Minister for Justice.
My Department provides funding to NGOs that support victims of crime by providing important information and supports such as emotional support, court accompaniment, and accompaniment to Garda interviews, to sexual assault treatment units and referral to other services.
In March, I announced funding totalling €4.6m for more than 60 organisations to support victims of crime as part of this scheme. This is an increase of over 20% on the previous total fund of €3.8m which was made available in 2021. The attached table outlines the approved funding for victims of crime for 2022.
The vast majority of organisations have seen increases in their funding and a number of new applicants for Victims of Crime funding received allocations for the first time.
This 2022 funding builds on the additional funding announced last November under the Supporting a Victim’s Journey plan. This additional funding was provided to 18 organisations to address gaps in services identified on foot of a mapping exercise looking at the geographical spread and type of services available to victims nationwide.
The allocations under the scheme this year cover a range of services that provide support to victims nationwide including:
- National and larger organisations such as Barnardos, Women’s Aid, and Safe Ireland which includes funding to support the continuation and expansion of the direct support services provided by their frontline service Mayo Women's Support Services (MWSS);
- Voluntary organisations such as Victim Support at Court;
- A range of local organisations working with victims across the country, such as Women’s Aid in Dundalk, Wexford Rape Crisis and Letterkenny Women’s Centre;
- General victims support organisations such as the Crime Victims Helpline; and
- Specialist organisations including the Irish Tourist Assistance Service, and Dignity 4 Patients.
I am sure the Deputy will agree that such organisations provide an essential service for victims of crime.
I am committed to continuing to work with them and with my colleagues across Government to build a victim-centred criminal justice system that treats victims with respect and dignity at every step of their journey through it.
Total list of approved victims of crime funding 2022
|
Organisation Name: |
2022 allocation |
|
A.S.S.C |
€268,018 |
|
Accessible Counselling Tullamore |
€20,000 |
|
Adapt Domestic Abuse Services (Limerick) |
€80,000 |
|
AdVic |
€65,000 |
|
Amal Women's Association |
€59,700 |
|
An Cosan |
€10,000 |
|
Aoibhneas |
€40,000 |
|
Ascend |
€20,000 |
|
Bagenalstown Family Resource Centre |
€26,600 |
|
Barnardos |
€103,000 |
|
Beacon of Light Counselling Centre |
€20,000 |
|
Bray Women's Refuge |
€35,000 |
|
Carlow Women's Aid |
€30,000 |
|
Clare Haven Services |
€15,000 |
|
Connect Family Resource Centre |
€11,000 |
|
Cope Galway Waterside House |
€50,000 |
|
Crime Victims Helpline |
€150,000 |
|
Cuan Saor Women's Refuge Ltd. |
€40,000 |
|
Dignity 4 Patients |
€95,000 |
|
Domestic Violence Advocacy Centre (Sligo) |
€30,000 |
|
Domestic Violence Response Galway |
€22,000 |
|
Donegal Women's Domestic Violence Service |
€21,000 |
|
Dublin Rape Crisis Centre |
€300,000 |
|
Dundalk Counselling Service |
€31,240 |
|
Esker House Women's Refuge |
€42,786 |
|
Good Shepherd Cork |
€25,000 |
|
Greystones Family Resource Centre |
€10,000 |
|
Hope Trust |
€2,000 |
|
Immigrant Council of Ireland |
€120,667 |
|
Irish Tourist Assistance Service |
€50,000 |
|
Kerry Womens Refuge and Support Services (Adapt) |
€100,000 |
|
Kilkenny Women's Refuge Ltd (Amber) |
€25,000 |
|
Laois Domestic Abuse Service |
€42,500 |
|
Le Cheile |
€13,500 |
|
Letterkenny Women's Centre |
€15,120 |
|
Lifeline Inishoven |
€23,000 |
|
Living Life Voluntary Counselling Centre |
€15,000 |
|
Longford Women's Link |
€45,000 |
|
Meath Women's Refuge |
€49,570 |
|
Men's Aid |
€40,000 |
|
Men's Development Network |
€69,638 |
|
Migrant Rights Centre Ireland |
€114,962 |
|
Missing in Ireland Support Services |
€25,000 |
|
Mna Feasa Domestic Violence Project |
€27,500 |
|
Newpark Close Community Development Limited |
€35,000 |
|
OASIS HOUSE WOMEN'S Refuge |
€17,000 |
|
Offaly Domestic Violence Support Service |
€47,000 |
|
One in Four |
€341,790 |
|
OSS Cork |
€5,500 |
|
Rape Crisis Network |
€85,000 |
|
Roscommon Safe Link |
€35,000 |
|
Ruhama |
€705,217 |
|
SAFE Ireland |
€53,580 |
|
Samaritans of Kilkenny and Carlow |
€20,750 |
|
Saoirse Housing Association |
€35,000 |
|
Sexual Violence Centre Cork |
€26,000 |
|
Support After Crime Services |
€165,000 |
|
Support After Homicide |
€28,400 |
|
Teach Tearmainn Housing Association Company Ltd. |
€40,000 |
|
Tearmann Housing Association |
€35,000 |
|
Victim Support at Court |
€180,000 |
|
West Cork Womens Project |
€15,000 |
|
Westmeath Support Service against Domestic Abuse |
€40,000 |
|
Wexford Rape Crisis |
€51,336 |
|
Wexford Women's Refuge |
€21,055 |
|
Women's Aid |
€200,000 |
|
Women's Aid Dundalk |
€30,000 |
69. Deputy Pádraig O'Sullivan asked the Minister for Justice if she plans to review or reform the current bail system in the State especially in cases of gender-based violence and domestic abuse; and if she will make a statement on the matter. [25942/22]
Amharc ar fhreagraAs the Deputy will appreciate, the restricting of a person’s liberty is a serious issue, given the Constitutional presumption that a person is 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 in the 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 was introduced following a referendum in 1996 which amended the Constitution to enable a court to refuse bail for a person charged with a serious offence to obviate the risk of another serious offence being committed while on bail.
Over the last 25 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, I can advise the Deputy that all legislative provisions are kept under review. However, there are no immediate plans to introduce further bail legislation at this time.
In tandem with the development of the Third National Domestic, Sexual and Gender Based Violence Strategy, I am currently progressing a number of proposals to enhance the existing legislation we have to combat all forms of DSGBV.
I recently announced my intention to publish a Bill which will include new criminal offences for stalking and for non-fatal strangulation. While both are already crimes, I’m proposing a number of changes to make the law in this area clearer and stronger, and to encourage victims to come forward.
I will soon 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.
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.
I also recently signed an order to bring into operation the Criminal Procedure Act 2021. This Act provides for the use of preliminary trial hearings which will significantly improve the trial process for victims of sexual offences, including by reducing delay and disruption that might re-traumatise victims.
70. Deputy Neasa Hourigan asked the Minister for Justice the criteria used by an immigration officer to determine if a non-European Economic Area national is granted leave to land and thus to gain entry to the State upon presentation at Dublin Airport; and if she will make a statement on the matter. [22637/22]
Amharc ar fhreagraThe Border Management Unit (BMU) of my Department has responsibility for frontline immigration duties at Dublin Airport.
Under Section 4 of the Immigration Act 2004, an Immigration Officer must determine whether a non-EEA national should be granted entry to the State.
An Immigration Officer will have regard to the following matters in making a decision on whether to grant entry to the state in accordance with Section 4(10) of the Immigration Act 2004:
- the stated purpose of the proposed visit to the State;
- the intended duration of the stay in the State;
- any family relationships (whether of blood or through marriage) of him or her with persons in the State;
- his or her income, earning capacity and other financial resources;
- the financial needs, obligations and responsibilities which he or she has or is likely to have in the foreseeable future; and
- whether he or she is likely to comply with any proposed conditions as to duration of stay and engagement in employment, business or profession in the State.
The onus is on the individual to have all documentation relating to their reasons for entering the State ready for presentation to the immigration officer to gain entry.
If a person indicates or is identified as being in need of international protection, they are admitted to the international protection process. However, they will still be recorded as a refusal of leave to land.
71. Deputy Michael Creed asked the Minister for Justice if the Courts Service plans to review and streamline the probate processing service; and if she will make a statement on the matter. [26026/22]
Amharc ar fhreagraAs the Deputy may be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices, who are also independent in carrying out their functions.
Having made enquiries, I am informed by the Courts Service that probate applications by solicitors continued to be processed throughout the pandemic restrictions, in both the Dublin Probate Office and in the District Probate Registries.
The reintroduction of restrictions on travel in early 2021 necessitated the temporary closure of the personal applications process in the Dublin Probate Office. Interviews for personal applications resumed in May last year with additional resources allocated to facilitate these interviews. I am further advised that any arrears that had built up have also now been cleared and the wait times for personal applications stand at 10 to 12 weeks from the initial request for appointment. This is in line with the average wait times in previous years.
For new solicitor applications the waiting time varies between 10 to 12 weeks. This waiting time only applies to cases where the papers are error free. The Courts Service informs me that up to sixty percent of applications are returned to solicitors due to errors. The significant error rate in these cases not only slows up the processing of these cases but also adds significantly to the time taken to process all other applications.
I am informed that the development of the e-probate project, as part of the ambitious Courts Modernisation Programme, will have the benefit of standardising the processing of probate applications. The introduction of this improved system will hopefully lead to a faster and more efficient process time. By reducing the number of invalid applications, the development of the new system will allow staff resources to be better utilised in processing other applications for the benefit of court users.
72. Deputy John Lahart asked the Minister for Justice if there are any plans to set up a dedicated transport policing unit within An Garda Síochána; and if she will make a statement on the matter. [26072/22]
Amharc ar fhreagraThe Government is committed to ensuring that there is strong, visible policing in local communities. The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation of in excess of €2 billion in Budget 2022.
As the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business. Under Section 33 of the Garda Síochána Act 2005 (as amended), the Commissioner determines the deployment of An Garda Síochána throughout the State. As Minister, I have no role in these independent functions and am unable to seek to direct the Commissioner in such matters as establishing a unit of An Garda Síochána for any purpose.
I am assured that Garda management keeps the distribution of Garda members throughout the State under continual review in the context of policing priorities and crime trends, to ensure An Garda Síochána is optimally positioned to keep our communities safe.
I am advised that An Garda Síochána does not propose to establish a dedicated transport policing unit at this time. However, I can assure the Deputy that Gardaí employ a range of policing tools to respond to incidents involving anti-social behaviour on our public transport network.
In January 2022, to further support, enhance and strengthen the strategic and operational objectives of Operation Citizen in the Dublin Metropolitan Region (DMR). Assistant Commissioner, DMR launched Operation Saul to provide a safe environment for commuters utilising public transport services in the DMR, together with reassuring the citizens, visitors and the business community in Dublin that it is a safe place in which to visit, socialise, conduct business and enjoy all its amenities.
Operation Saul currently operates in DMR South Central, North Central and South Garda Divisions, however plans are ongoing to extend this operation to the entire DMR Region. The aim of Operational Saul is to co-ordinate and manage all working resources in each Division to deliver both an overt and covert policing presence around the environs of Luas, DART and Bus services in Dublin on a regular and, where necessary, daily basis.
Each Chief Superintendent in the DMR ensures regular collaboration under Operation Saul with partner transport agencies in order to ensure the success and sustainability of the initiative. Since the commencement of Operation Saul up to 18 May 2022, there have been a total of 2,171 patrols conducted and, up until 30 April 2022, over 2,100 incidents were recorded on PULSE associated with the Operation.
I am also informed by the Garda authorities that a range of regional and local operations have been put in place to prevent and detect criminal activity and anti-social behaviour on public transport. For example, Operation Twin Track was a Community Engagement and Rail Safety Policing Initiative conducted by Gardaí in partnership with other public transportation stakeholders with the purpose of providing high visibility policing of rail and light rail transport within the DMR and nationwide, and to deliver crime prevention advice.
A multi-agency review was conducted to examine the effectiveness of Operation Twin Track and it was agreed that An Garda Síochána will continue to proactively engage with public transportation stakeholders and providers to conduct further similar operations.
I can assure the Deputy that Garda management continues to engage extensively with transport operators, including the National Transport Authority, Irish Rail (DART and InterCity rail) and Transdev Ireland (Luas) to provide a high visibility presence on transport through a co-ordinated approach.
73. Deputy Eoin Ó Broin asked the Taoiseach if the Central Statistics Office considers grants that the Sustainable Energy Authority of Ireland provides for oil and gas-powered boilers under the retrofit schemes as subsidies for the fossil-fuel industry. [26226/22]
Amharc ar fhreagraThe CSO compiles statistics on both Environmental Subsidies and Similar Transfers (ESST) and Fossil Fuel Subsidies.
Eurostat recommends that a scheme in ESST should not be included in Fossil Fuel Subsidies and vice versa. A scheme in ESST should have environmental protection or resource management as its primary purpose. Resource management includes “Heat/energy saving and management”. Accordingly, the CSO classified the Warmer Homes Scheme under ESST.
The Warmer Homes Scheme has environmental and social objectives i.e., energy saving and social support. Therefore only 40% of Warmer Homes Scheme funding was included in ESST.
74. Deputy Catherine Murphy asked the Taoiseach the annual cost of cleaning and sanitising the roofs of buildings under his Department’s control for the past five years to date in 2022. [25570/22]
Amharc ar fhreagraAll accommodation used by my Department is provided and managed by the Office of Public Works, including any required roof maintenance and cleaning.
75. Deputy Peadar Tóibín asked the Taoiseach the person or body that is in charge of interpretation and implementation of memos in his Department; the number of memos that have been ignored or not implemented by his Department over the lifetime of this Government; what were these memos; and the penalty for the non-implementation of memos. [25915/22]
Amharc ar fhreagraCirculars are written statements that provide information and guidelines to departments and public bodies on laws and procedures. Civil Service circulars are in the main published by the Department of Public Expenditure and Reform and mainly provide guidance and information covering Civil Service finance and human resources policy. My Department's corporate functions are guided by all relevant Civil Service circulars.
76. Deputy Pauline Tully asked the Taoiseach the Ministerial contact details for persons (details supplied). [26103/22]
Amharc ar fhreagraThe details requested are set out in the table below:
|
Ministerial Office |
|
|
Office of the Taoiseach |
taoiseach@taoiseach.gov.ie |
|
Office of the Minister of State for European Affairs |
meaprivateoffice@taoiseach.gov.ie |
|
Office of the Government Chief Whip |
whipsoffice@taoiseach.gov.ie |
77. Deputy Peadar Tóibín asked the Taoiseach the number of investigations, internal or external, commissioned by his Department into instances in which Departmental documents or information was leaked to the media, which were commissioned or conducted in each of the past ten years and to date in 2022; and the nature of such leaks and investigations. [26346/22]
Amharc ar fhreagraMy Department has not commissioned any investigations, internal or external, into instances in which Departmental documents or Departmental information was leaked to the media during the period in question.
78. Deputy Brendan Griffin asked the Tánaiste and Minister for Enterprise, Trade and Employment if the IDA or Enterprise Ireland will be able to provide grant aid to a company (details supplied) in County Kerry to develop a new business complex for its 17 employees; and if he will make a statement on the matter. [25681/22]
Amharc ar fhreagraIDA Ireland's main objective is to encourage investment into Ireland by foreign owned companies. It works as a strategic partner and provides advice, consultancy and support services including a range of grants for foreign direct investment into Ireland. IDA is not the appropriate support channel for the company referred.
Officials in my Department have made enquiries with Enterprise Ireland who have confirmed that the company referred is not an Enterprise Ireland client. It would appear that the company is a domestically focused distributor, which is ineligible for Enterprise Ireland support. In addition, Enterprise Ireland does not provide grants to companies for property solutions as set out in the Deputy's question.
The business mentioned would appear to fall outside the eligibility criteria to qualify for LEO direct grant aid. Nevertheless, the LEOs do provide a wide range of high-quality business and management development programmes that are tailored to meet specific business requirements. The LEO supports along with a host of others can also be found on the supportingsmes.gov.ie website. This is a cross-governmental guide to help small businesses know which of the over 170 Government supports could fit their business including access to finance.
79. Deputy Catherine Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will report on his engagements with the Department of Justice in respect of the way in which the allocation of Garda resources to the new Corporate Enforcement Agency will be managed; and the date on which the Agency will be operational. [25940/22]
Amharc ar fhreagraThe Companies (Corporate Enforcement Authority) Act 2021 which provides for the establishment of the Corporate Enforcement Authority (CEA) was signed by the President on December 22, 2021. A cross referencing error in section 11, relating to a Schedule in the Act which prevented the proper establishment of the CEA, was identified. This has been corrected by way of an amendment to the Act through the Redundancy Payments (Amendment) Act 2022.
Establishing the CEA at the earliest opportunity is a priority for me. I am mindful that in establishing this new Agency, we are providing for more autonomy and resources. Based on the Director of Corporate Enforcement’s assessment of the requirements of the new Authority, 14 additional civilian staff are being assigned to the CEA. 4 additional staff have been recruited at this time and recruitment for the remaining positions is at an advanced stage. The Garda Commissioner has committed that the number of Gardaí seconded to the Authority will increase from 7 to 16. These additional Garda resources are in line with Government’s vision and policy objectives for the new Authority; the CEA’s statutory functions; and the Director’s assessment of the CEA’s Garda staffing needs.
The Tánaiste and I want to ensure that the CEA is established on the strongest possible basis which endures into the future. Therefore, before commencing the Act and establishing the CEA, I am awaiting the finalisation of an agreement between the Office of the Director of Corporate Enforcement (ODCE) and An Garda Síochána (AGS) on a Memorandum of Understanding (MoU) between the two organisations. The MoU will formalise arrangements and provide for ongoing co-operation between the two bodies to ensure both organisations work effectively to fulfil their respective independent statutory obligations.
My officials have been meeting regularly with officials from the Department of Justice, the ODCE, and AGS to progress arrangements. I am informed that the ODCE and AGS have now agreed the process for the assignment of Garda secondees to the CEA and that an internal Garda recruitment process for such secondments is scheduled to commence by the end of this month. I am also informed that the MoU between the CEA and AGS is at an advanced stage and is expected to be signed in the coming weeks.
Therefore, work is now proceeding with the Office of the Parliamentary Counsel on the required Orders to commence provisions of the 2021 Act and provide for an establishment day for the Authority. It is intended to commence the Act and establish the Authority in the coming weeks once all the legal, operational, and resourcing matters integral to the CEA’s successful establishment, are finalised.
80. Deputy Pauline Tully asked the Tánaiste and Minister for Enterprise, Trade and Employment the Ministerial contact details for persons (details supplied). [26107/22]
Amharc ar fhreagraContact details for my private office and for the offices of the Ministers of State in my Department are available on my Department's website at the following address:
enterprise.gov.ie/en/Who-We-Are/Ministers/Contact-the-Ministers-Offices/.
