Brian Stanley
Ceist:6. Deputy Brian Stanley asked the Minister for Justice the plans there are to roll-out restorative programmes through the court system. [60546/22]
Amharc ar fhreagraRestorative Justice
Ceisteanna (6)
Freagraí scríofa
Restorative justice is one of a suite of measures available to the criminal justice system. As the Deputy will be aware, at its core, restorative justice aims to enable all those affected by an offence to participate actively in repairing the harm done and to find a positive way forward. It is founded on the principle of consent of the parties to the approach.
Restorative justice is currently delivered by An Garda Síochána, within the Garda Youth Diversion Programme; by the Probation Service with youth and adult offending, pre and post-sentence; and by the Community-Based Organisations that receive referrals at specific points in the criminal justice process.
Restorative Justice is a service that has, for some time, been an important part of the work of the Probation Service. As part of its strategy to further develop capacity to deliver a high quality service in accordance with the Victims of Crime Act 2017, the Service established a National Restorative Justice and Victim Services Unit in 2018.
The Programme for Government also recognises the importance of restorative justice. It contains a commitment to deliver restorative justice safely and effectively and this is one of the strategic objectives for my Department over the next three years.
Five high level actions were identified and outlined in the Justice Plan 2021 and four of these steps have been completed to date.
As part of this work, the Department of Justice commissioned a number of restorative justice experts and researchers to map the delivery of restorative justice in Ireland. The findings were published on a new website in 2021.
Policy options have now been developed for an appropriate mechanism and process to create awareness and availability of Restorative Justice at all stages of the criminal justice system, with consistency of service ensuring quality in training and practice. My Department is currently finalising a policy paper in this regard and intends to publish proposals shortly.
Following publication of the policy paper and consideration of its contents, the next steps to delivering a mechanism and process to create greater awareness and availability of Restorative Justice Interventions at all stages of the criminal justice system will involve the development of an Implementation Plan, in line with Action 98 in Justice Plan 2022.
Questions Nos. 7 to 8, inclusive, answered orally.
Family Law Cases
Ceisteanna (9)
Seán Haughey
Ceist:9. Deputy Seán Haughey asked the Minister for Justice if she will provide an update on the current waiting times for family law hearings at the Dublin Circuit Court. [60503/22]
Amharc ar fhreagraFreagraí scríofa
Reforming the operation of the family justice system, to ensure that we have a more efficient and user-friendly family court system that puts the family at the centre of its work and which supports and protects victims of domestic violence, is a key commitment in Justice Plan 2022.
The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated family court within existing courts structure and provide for court procedures that are more supportive, are faster, and promote a less adversarial resolution of disputes. This is particularly important in cases where there has been domestic violence or where there might be other reasons for a party to be vulnerable.
To support the legislative changes proposed in the Family Courts Bill, Minister McEntee established a Family Justice Oversight Group to develop the first National Family Justice Strategy. The work of the Group was informed by a wide ranging consultation process.
The Family Justice Strategy has nine goals and over 50 actions, with the aim of establishing a strong foundation for a future system which is more child and family-centred, which supports and protects, and which is more streamlined and user-friendly.
On 16th November, Minister McEntee and I published the Strategy and secured Government approval for the Family Courts Bill 2022, which was published on 1st December.
In relation to waiting times, as the Deputy will be aware, management of the courts, and the courts’ operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are legally and constitutionally independent in exercising their functions.
In order to assist the Deputy, I made enquiries and am informed by the Courts Service that the latest available waiting times for the Dublin Circuit Family Court, as at 30th September, are as follows:
- For contested cases, the waiting time is 5 months;
- For non-contested cases, it is 1 month; and
- For District Court Appeals, it is 1 month.
Improving levels of judicial expertise and training in family law matters, including in cases where there is a domestic violence element, and streamlining proceedings, to make them more user-friendly, more protective, and less costly, are also key goals of the Family Courts Bill.
The Bill, which is a priority for the Government and will be progressed in the New Year, also provides a set of guiding principles to help ensure the Family Court system encourages active case management by the courts and makes the best interests of the child a primary consideration in all family law proceedings.
I’m sure the Deputy is also aware that work to reform our criminal justice system to make it more victim centred is also progressing.
Through the implementation of Supporting A Victims Journey, a number of important reforms, including in relation to training, have already been made to support and protect victims and both our Family Justice Strategy and Zero Tolerance plan will build on the progress made.
Questions Nos. 10 to 12, inclusive, answered orally.
Drug Dealing
Ceisteanna (13)
Ruairí Ó Murchú
Ceist:13. Deputy Ruairí Ó Murchú asked the Minister for Justice if she will provide an update on the Drugs Related Intimidation Reporting Programme; and if she will make a statement on the matter. [60618/22]
Amharc ar fhreagraFreagraí scríofa
The Government is acutely aware of the substantial and ongoing damage that drug dealing and drug-related intimidation has on communities across the country. Organised criminal activity, including drug dealing, represents a serious threat to community safety.
An Garda Síochána continues to target those involved in the sale and supply of illegal drugs including through Operation Tara which has a strong focus on tackling street-level dealing throughout rural and urban Ireland.
The focus of this Operation is to disrupt, dismantle and prosecute drug trafficking networks at all levels - international, national and local - involved in the importation, distribution, cultivation, production, local street level dealing and sale and supply of controlled drugs.
Recent successes of Operation Tara include the seizure of over €210,000 worth of cocaine in Limerick on 21 November and over €92,000 worth of cocaine in Dublin 11 on 27 November.
Intimidation, drug-related or otherwise, has no place in Irish society and will be dealt with by An Garda Síochána with the seriousness it deserves.
I am informed by the Garda authorities that the Commissioner has tasked an Inspector in every Garda Division to respond to the issue of drug-related intimidation. There are currently thirty nominated Garda Inspectors appointed to act as liaison officers for the Drug-Related Intimidation Reporting Programme, covering each Garda Division.
Information in relation to the Drug-Related Intimidation Reporting Programme and a list of the nominated Inspectors countrywide is available on the Garda website. This programme has been developed to respond to the needs of drug users and family members experiencing drug-related intimidation. An Garda Síochána will treat any complaint of intimidation with sensitivity and will afford the person or family subject to the threat the best level of security, advice and support which can be offered.
Finally, I would encourage anyone who is themselves or who knows of a family member who is being subjected to drug-related intimidation to go to An Garda Síochána. It is only by reporting intimidation to An Garda Síochána that we can deal effectively with this scourge on society.
Question No. 14 answered orally.
An Garda Síochána
Ceisteanna (15)
Gino Kenny
Ceist:15. Deputy Gino Kenny asked the Minister for Justice if her attention has been drawn to recent comments from the Minister for Enterprise, Trade and Employment suggesting that more gardaí may be armed; and if she will make a statement on the matter. [60569/22]
Amharc ar fhreagraFreagraí scríofa
An Garda Síochána is a community police service with strong links to the communities it serves built on a culture of policing by consent.
Over the last century, from the turbulent years of the civil war, and on through the devastating years of the Troubles, the Gardaí have remained a largely unarmed police service. The resolve and vision set out by the first Commissioner, Michael Staines, that An Garda Síochána would succeed 'not by force of arms or numbers, but on their moral authority as servants of the people" is as true today as it was 100 years ago.
That An Garda Síochána has remained unarmed is a tribute to the organisation and to the Irish people. A deep connection to community and a commitment to service is embedded in the culture of An Garda Síochána and is something they are rightly very proud of. I know the Commissioner is committed to ensuring that the organisation continues to evolve to remain representative of all the diverse communities they serve.
That said, it is undoubtedly the case that Gardaí operate in often dangerous environments and it is important that they have the equipment they need to do their jobs safely, not to say, effectively. Units such as the Emergency Response Unit (ERU) and the Armed Response Units (ARU) are central to the Garda response to serious crime and are trained and equipped accordingly.
Finally, I am assured by the Garda Commissioner that the health and safety of Gardaí is of paramount and ongoing importance to him and it is clearly imperative that Garda members are issued with appropriate equipment for their duties. To ensure this, there is a constant review by the Garda authorities of all operational and protective equipment including the use of tasers and other incapacitants.
Legislative Measures
Ceisteanna (16)
Matt Shanahan
Ceist:16. Deputy Matt Shanahan asked the Minister for Justice if occupiers' liability insurance legislation will come before the Houses of the Oireachtas before the end of 2022. [53879/22]
Amharc ar fhreagraFreagraí scríofa
Insurance reform is a key priority for this Government and is reflected in the Programme for Government, the Government’s Action Plan for Insurance Reform, and in the Justice Plan 2022.
It is intended that a number of sections of the Occupiers’ Liability Act 1995 be amended, in line with the Government policy objective of restricting the liability of occupiers. These proposals strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
The proposed amendments, which build on a Review Paper prepared by the Department of Justice in February 2021 contain four key developments:
they will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;
they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;
they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and
they allow for a broader circumstance where it can be shown that a visitor or recreational user has voluntarily assumed a risk.
These amendments were included in the Courts and Civil Law (Miscellaneous Provisions) Bill, 2022 as Committee Stage amendments in the Dail on the 22 November. It is expected that this Bill will conclude the legislative process in the New Year.
Question No. 17 answered orally.
Asylum Seekers
Ceisteanna (18)
Danny Healy-Rae
Ceist:18. Deputy Danny Healy-Rae asked the Minister for Justice if she has discussed the issue of an equal allocation of refugees and asylum seekers across all European countries, per capita of existing populations, with her fellow European Ministers. [58198/22]
Amharc ar fhreagraFreagraí scríofa
An international protection applicant is someone who has left their country and seeks protection in another country. Seeking protection is a human right and when someone asks for protection at the border of a country, that country’s authorities must examine that application. Ireland, as a party to the Geneva Convention, must also meet this obligation.
It is the case that several EU countries have experienced increases in applications for international protection that are significantly higher than that experienced in Ireland.
The EU Migration and Asylum Pact launched by the European Commission in September 2020 sets out the Commission’s proposals for a comprehensive approach to migration and included five legislative proposals to replace or complement a number of un-adopted 2016 proposals for a new Common European Asylum System. The Pact also includes a number of proposals issued in 2016 to reform the Common European Asylum System many of which the co-legislators have reached agreement on but have not yet been adopted.
One of the critical challenges faced by the EU as a whole, in terms of its asylum and migration management system, is addressing imbalances in migratory pressure across the EU and finding a proper balance between solidarity and responsibility. Therefore, while there is general agreement on some of the proposals, it has not been possible to adopt these measures as there are outstanding issues relating to responsibility and solidarity.
In January 2022, the French Presidency introduced a gradual approach to progress the outstanding issues in a number of the EU Pact measures. The first stage of this approach focused mainly on the introduction of a voluntary solidarity mechanism for Member States which are considered to be in need of assistance.
The French Presidency presented a political declaration on the first stage of its Gradual Approach to Ministers at the JHA Council meeting 10 June 2022 and Member States who signed the declaration committed to taking part in a solidarity mechanism to assist other Member States.
The Czech presidency is building on the voluntary relocation mechanism agreed under the French Presidency to advance discussions for a legally binding, mandatory by flexible solidarity mechanism.
Ireland supports the principle of solidarity and we recognise that assistance is required for the Member States who face a disproportionate number of applicants. We agree on the need to have a sustainable, simple and flexible solidarity, which takes into account the situation in the contributing Member State and would not place a burden on their asylum and reception systems.
An Garda Síochána
Ceisteanna (19)
Peter Fitzpatrick
Ceist:19. Deputy Peter Fitzpatrick asked the Minister for Justice the number of Garda members in County Louth who are CBD2 trained; and if she will make a statement on the matter. [60625/22]
Amharc ar fhreagraFreagraí scríofa
As the Deputy is aware, the Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána, including the arrangement of training of its members.
I am informed that the allocation of training courses is on a divisional basis with Garda Members selected by local management.
The Garda Driver Training Section provides a range of driving courses to meet the operational demands of the organisation across a wide range of vehicles. There are two training centres in operation, one at the Garda College in Templemore and the other at Garda Headquarters in the Phoenix Park.
Training Courses are designed to meet the changing requirements of operational units and are in line with current Garda policy and procedures.
In 2009, the structure of driving training courses was changed to a Competency Based Driving model with a number of levels from basic non-response driving functions to higher skill-set driving based on the Roadcraft system of driving, including emergency response driving.
The Competency Based Driving Level 2 (CBD2) training is a three-week course aimed at frontline Garda Drivers. The course focuses on responsive driving skills and incorporates the function of emergency response, decision-making, relevant legal exemptions, and tactical guidelines around these.
This format enables successful candidates to “respond” to calls with safety and to perform “compliant” vehicle stops in line with current policy. This course provides the organisation with drivers for district patrol duties and allows them to drive patrol cars assigned to their stations.
407 Garda members are currently assigned to Louth Division, an increase of over 40% since 2015 when there were 287 members assigned to the Division. These Garda members are supported by 40 Garda staff assigned to the Division at the same date, an increase of over 70% since 2015, when 23 were assigned to the Division.
I am advised that there are currently 191 members in the Louth Garda Division who are CBD2 trained.
Inquiry into the Death of Mr. Shane O'Farrell
Ceisteanna (20)
Matt Carthy
Ceist:20. Deputy Matt Carthy asked the Minister for Justice if she has concluded her deliberations in relation to the report into the death of a person (details supplied) and if she will publish this report. [60567/22]
Amharc ar fhreagraFreagraí scríofa
In February 2019, retired District Court Judge Gerard Haughton was appointed by the then Minister for Justice and Equality to carry out a scoping exercise in light of the public controversy surrounding the circumstances of the death of Shane O'Farrell.
The purpose of the scoping exercise was to advise the Minister as to whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
Judge Haughton submitted his final report to Minister McEntee on 1 June 2022. Since receipt of the final report, the advice of the Attorney General was sought and received in relation to the issue of publication and other matters arising.
Minister McEntee wrote to each Department/Agency responsible for issues giving rise to recommendations in the Report and on 27 July Minister McEntee provided the O’Farrell family with a copy of the report on a strictly confidential basis. I also understand that Minister McEntee, together with the Taoiseach, recently met with members of the O’Farrell family regarding the report, both in terms of content and publication.
As I have just taken over this Ministerial portfolio, I will need to consider this important report myself before deciding on how best to proceed in the light of its recommendations.