Written Answers Nos. 41-60
41. Deputy Willie O'Dea asked the Minister for Justice the number of gardaí that are expected to retire or resign from the force in 2023 and if the numbers of gardaí to be recruited will exceed those retiring and resigning. [7514/23]
Amharc ar fhreagraAs the Deputy will appreciate, resource management, such as succession planning, is an operational matter for the Garda Commissioner. This Government has provided record Garda funding to allow for sustained recruitment and is committed to ensuring that An Garda Síochána has the resources it needs. The Commissioner and his team have assured me that the target to recruit 1,000 new sworn Gardaí in 2023 will be achieved this year.
I have been informed by Garda authorities that, as of 10 February 2023, 172 members have submitted their application to retire/resign in 2023. Figures include voluntary and compulsory retirements, cost neutral early retirements and resignations only. There are also an additional 68 members who are due to retire on a compulsory retirement basis to the year end.
I am advised that there have been 42 departures from An Garda Síochána in the period 1 January to 10 February 2023. This figure includes voluntary and compulsory retirements, medical discharges and resignations.
Coupled with further reassignments of Gardaí to operational frontline policing and the continued roll out of the new Operating Model with its focus on community engagement, I am confident that the Commissioner has suitable resources and plans in place to continue to deliver on An Garda Síochána's mission of Keeping People Safe.
42. Deputy Jennifer Murnane O'Connor asked the Minister for Justice in view of the the increased number of sexual assaults recorded in quarter 3 of 2022, the steps that are being taken to tackle sexual, domestic and gender-based violence in Ireland. [7528/23]
Amharc ar fhreagraThis Government is committed to tackling sexual violence and sexual crime in all its forms.
In addition to ongoing work to further strengthen legislation in this area, I am continuing to introduce reforms to the criminal justice system to ensure that victims feel empowered to report sexual crimes and that when they do, they are fully supported at every stage of their interaction with our justice system.
I would urge victims to report any sexual crime, regardless of how it happened or the situation they found themselves in, and I want to assure them that they will be dealt with respectfully and professionally.
The rise in the recorded incidents of sexual offences is something this Government continues to take very seriously. Those found to have committed such abhorrent crimes will face the full force of the criminal justice system.
While the detection of, and response to, any criminal activity is an operational matter for An Garda Síochána in the first instance, I can assure the Deputy that Government is committed to strengthening the legislative provisions in place to deal with these crimes.
I am currently progressing legislation to improve the monitoring of sex offenders; to introduce new standalone offences for non-fatal strangulation and stalking, and to increase the maximum sentence for assault causing harm. In addition, officials in my Department are also examining reforms to the current mandatory life sentences which would allow a judge to specify a minimum number of years, or tariff, to be served.
I am very aware that robust legislation is only one side of what is needed and that building the confidence of victims so they will report what has happened to them and get justice, is also key.
This is a cornerstone of the actions set out in ‘Supporting a Victim’s Journey', which is a detailed action plan for implementing in full all of the recommendations made in the O’Malley Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences.
A number of key recommendations made have been already been progressed. These include -
- Legislating for preliminary trial hearings, which will help to reduce fear of re-victimisation or re-traumatisation for victims;
- Increased funding for NGOs providing court accompaniment and related information and support services;
- Divisional Protective Services Units have been rolled out in all Garda Divisions and there is now a specialised sexual offences unit in the Office of the Director of Public Prosecutions
- Work to advance the training for all personnel who come into contact with vulnerable victims is underway, as is work on supporting vulnerable witnesses in court;
- The University of Limerick recently began training intermediaries.
In addition, the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022 has been published and pre-legislative scrutiny is currently underway. The Bill will implement more of the O’Malley recommendations including by -
- Extending anonymity to further categories of victims
- Updating the definitions of ‘published’ and ‘broadcast'
- Exclusion of the public from certain trials
- Repealing provisions for sentences to be delivered in public
- Providing for legal representation for victims in certain circumstances
I can assure the Deputy that I will continue to prioritise the implementation of all of the actions set out in Supporting a Victim’s Journey.
Finally, I am very aware of the need for robust data in relation to the prevalence of sexual offences in Ireland and for this reason my Department commissioned the CSO to undertake a large scale survey. The results of the survey are expected next month. This will provide us with an important base-line going forward for developing supports and services for victims as well as helping inform policy. It will also be important for monitoring and distinguishing between increases in prevalence and in reporting of incidents.
I would continue to encourage anyone who has been a victim of sexual assault to come forward and report the incident to An Garda Síochána.
43. Deputy Jennifer Murnane O'Connor asked the Minister for Justice the number of gardaí assigned to the Carlow and Kilkenny districts. [7527/23]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. As Minister, I have no role in such matters.
I can however assure the Deputy that the Government is committed to building stronger, safer communities and a strengthened Garda Síochána is at the centre of that.
Since 2015, the budget for An Garda Síochána has increased by approximately €672m, or 46%. This has allowed for sustained and ongoing recruitment and as Minister, I am committed to delivering the necessary resources to bring the number of Gardaí to at least 15,000.
Since the reopening of the Garda College in September 2014 a total of 4,029 Garda members have attested, this includes the 369 Probationers who attested in 2022 and the 24 Probationers who attested on the 13 January 2023. I am advised that 9 Probationer Gardaí were allocated to the Carlow and Kilkenny District in 2022.
I am informed by the Garda authorities that the table below sets out the number of Garda members assigned to the Carlow and Kilkenny District as of 31 December 2022, the latest date for which figures are available.
|
District |
GD |
SG |
IN |
SU |
CS |
AC |
Total |
|
Carlow |
89 |
14 |
4 |
1 |
|
|
108 |
|
Kilkenny |
127 |
20 |
6 |
3 |
1 |
1 |
158 |
Please note that this information is based upon operational data which has been provided by An Garda Síochána and may be liable to change.
For the Deputy's information, detailed statistics on Garda workforce numbers are published on my Department's website and can be accessed using the following link:
www.gov.ie/en/publication/bd777-an-garda-siochana-your-police-service-some-facts-and-figures/.
44. Deputy Pádraig O'Sullivan asked the Minister for Justice if he will outline the role that An Garda Síochána has in the enforcement of legislation regarding animal welfare concerns; and if he will make a statement on the matter. [7545/23]
Amharc ar fhreagraAs the Deputy will appreciate, legislation and policy regarding animal welfare rests with the Minister for Agriculture, Food and the Marine.
The Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended), including all operational policing matters. As Minister I have no role in these independent functions.
I am advised by An Garda Síochána that Garda members are authorised officers under Section 2 of the Animal Health and Welfare Act 2013 (as amended).
Many of the functions and powers of an authorised officer are set out in section 38 of the Act. Section 38(4) allows an authorised officer to seize an animal where he or she has reasonable grounds for believing an offence under the Act is being committed or a disease is present.
Section 23(2) of the Act allows an authorised officer to destroy an animal without the consent of the owner if it is deemed to be a danger to life or property.
Section 38A deals with the costs associated with the detention of a seized animal. If the reasonable costs of detention are not paid within 14 days of a notice being served on the relevant person, the animal may be disposed of.
Under Section 23(4) if an authorised officer in performance of the functions conferred on the officer under section 38(4)(v) seizes and detains an animal, the officer may, if he or she considers it reasonable to do so, kill the animal or cause the animal to be killed in such manner as to inflict as little suffering as possible in the circumstances.
Other destruction powers can be found in section 44(2) (where a person fails to comply with an animal health and welfare notice) and section 59(2) (where a person breaches a disqualification order).
Section 11(2) of the Control of Dogs Act 1986 allows a member of An Garda Síochána to seize and detain a stray dog. An entry is then made in the register of seized dogs and attempts are made to notify any known owner. A seized dog under this subsection can be destroyed after five days have passed, as per Section 11(4).
45. Deputy Louise O'Reilly asked the Minister for Justice the number of gardaí by rank seconded to the Corporate Enforcement Agency as of 1 February 2023. [7392/23]
Amharc ar fhreagraI have contacted An Garda Síochána for the information requested by the Deputy. Regrettably this information was not available in time and I will write to the Deputy again once the information is to hand.
46. Deputy Martin Kenny asked the Minister for Justice his plans to review the use of single-cell accommodation across the prison estate, in line with international standards on the accommodation of people in prison; and if he will make a statement on the matter. [7533/23]
Amharc ar fhreagraAs the Deputy will be aware, the prison estate comprises a mix of institutions ranging from closed prisons, open prisons, semi-open prisons and remand facilities. This mix of accommodation enables the Service to provide a varied prison regime where progression through the system assists prisoners to prepare for release from custody on completion of a custodial sentence.
The provision of single cell accommodation for all prisoners, while desirable, is not currently possible due to the existing capacity within the prison estate, and current levels of committals. It is also the case that the number of people in custody is subject to increasing and decreasing trends. The Deputy may be aware that that total number of prisoners in custody on Friday 10 February 2023 was 4,433.
The total number of usable cells in the estate is approximately 3,327. Data from the last Cell Occupancy Census carried out by the Prison Service, and published in October 2022, indicates that 47.6% of prisoners in custody are accommodated in single cell accommodation.
It is also important to note that some prisoners are accommodated in multi-occupancy cells for reasons other than capacity and some prisoners, at committal stage, indicate a preference to share a cell with another person who may be known to them.
All prisoners are assessed by prison management on committal with regard to their suitability for sharing a cell.
As the Deputy may be aware, Government has provided significant capital funding to the Irish Prison Service in order to enhance the existing prison infrastructure and to provide additional capacity.
Works to modernise the entire Mountjoy Prison complex, to construct a new prison in Cork and to provide additional prisoner accommodation in the Midlands Prison, were undertaken in recent years.
Last year, the Irish Prison Service reopened the newly refurbished Training Unit Place of Detention as a centre for older prisoners and this has provided an additional 96 prisoner spaces. In addition, the construction of a new male wing and a female prison in Limerick Prison has now been completed providing 90 additional male and 22 additional female cell spaces. The new male accommodation is already open and it is expected that the new standalone female prison will become operational in Q1 2023.
The need to ensure the availability of modern prison facilities with adequate capacity will be central to the development of the new Irish Prison Service Capital Strategy 2023, against the background of the work underway as part of the Programme for Government to develop policies and proposals to review policy options for prison and penal reform, including the effective and appropriate use of non-custodial sanctions.
47. Deputy Catherine Connolly asked the Minister for Justice the status of the roll-out of the promised additional refuge spaces, pursuant to the third national strategy on domestic, sexual and gender-based violence; the number of additional refuge spaces provided to date under the strategy; and if he will make a statement on the matter. [7229/23]
Amharc ar fhreagraAs the Deputy will be aware, in June of last year Government launched Zero Tolerance, the Third National Strategy on Domestic, Sexual and Gender-Based Violence.
In line with the priority which we are attaching to tackling domestic, sexual and gender based violence, we will double the number of refuge spaces over the lifetime of the strategy, bringing it to 280. This will be the fastest ever expansion of refuge spaces.
The government has agreed to prioritise the delivery of 98 refuge spaces in Sligo, Cavan/Monaghan, Cork City, North Cork, West Cork, Dún Laoghaire-Rathdown, Westmeath, Portlaoise, Balbriggan Longford, Carlow and Offaly. In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan in 2024.
This Strategy also sets a target to increase the number of Safe Homes. In 2022, an additional 12 Safe Homes were put in place with a further increase from 32 to 50 expected by the end of 2023.
In addition, and by putting in place the correct structures to deliver additional refuge accommodation, we will accelerate the number of refuge spaces that can be opened each year.
Already work undertaken implementing the Strategy has prepared the way for this, including through the development of agreed processes and approaches to ensure we have the highest standard of refuge accommodation, delivered in the most efficient way and the allocation of a very significant increase in funding under Budget 2023.
As the Deputy will also be aware, a new statutory Domestic, Sexual and Gender Based Violence agency, under the aegis of the Department of Justice, is being established. The new Agency will ensure a permanent and dedicated focus on implementation and supports for Government and the sector in our work to combat DSGBV and support victims of these horrific crime.
The Agency will have a specific mandate to drive the implementation of the Zero Tolerance: Third National Strategy on Domestic, Sexual and Gender-Based Violence across Government, bringing the expertise and focus required to tackle this complex social issue and I will be bringing the General Scheme of the Bill to establish the Agency to Government in the coming weeks.
48. Deputy Seán Haughey asked the Minister for Justice if the Government is on course to meet its recruitment target of 1,000 gardaí in 2023. [7515/23]
Amharc ar fhreagraAt the outset I would like to assure the Deputy that we remain committed to the target of 1,000 new recruits in 2023. My Department and I regularly engage with the Garda Commissioner to ensure he has the necessary resources to deliver on this level of recruitment.
With momentum building through the coming year, including the launch of a new recruitment competition planned before Easter, the Commissioner and his team have assured me that the target to recruit 1,000 new Gardaí in 2023 will be achieved this year.
I take great confidence in the level of interest shown in the latest Garda recruitment campaign despite a very competitive job market. This is a testament to the enduring popularity of a career with An Garda Síochána. I also take confidence knowing that a further recruitment campaign, which will be launched in the coming months, will ensure a pipeline of suitable candidates.
It is clear from the response to last year's competition that, despite intense competition in the employment market, a career in An Garda Síochána is attractive to a large number of people and it is equally clear from the 2022 Garda Culture Audit that Gardaí have high levels of job satisfaction, notwithstanding the risks and challenges associated with their role.
49. Deputy Alan Farrell asked the Minister for Justice if he will provide an update on the work of youth diversion programmes within Dublin; and if he will make a statement on the matter. [7269/23]
Amharc ar fhreagra53. Deputy Christopher O'Sullivan asked the Minister for Justice to provide an update on the rollout of the youth diversion programmes in Cork South West. [7511/23]
Amharc ar fhreagra74. Deputy Niamh Smyth asked the Minister for Justice for an update on the youth diversion programmes in place in County Cavan and if they will be rolled out across the county. [7509/23]
Amharc ar fhreagraI propose to take Questions Nos. 49, 53 and 74 together.
It has not been possible to collate the information requested in the time allowed.
I will write to the Deputies directly when the information is to hand.
50. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice to discuss crime prevention resources for the Mahon area of Cork city. [6483/23]
Amharc ar fhreagra54. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice to discuss crime prevention resources for the Blackrock area of Cork city. [6484/23]
Amharc ar fhreagraI propose to take Questions Nos. 50 and 54 together.
The Deputy will appreciate that the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including responsibility for the recruitment, training and deployment of Garda members. I am assured that the Commissioner keeps the allocation of these resources under continued review, in line with crime and population trends, to ensure their optimum use.
I am advised by the Garda authorities that Blackrock, Anglesea Street and Bridewell Garda stations are now incorporated under one Functional Area as part of the Garda Operating Model – Cork City Centre Community Engagement.
I am informed that, as of 31 December 2022, the latest date for which figures are available, there is 1 Sergeant and 16 Gardaí assigned to Blackrock Garda Station, 2 of which are Community Gardaí and 3 of which are Detectives. I understand that the 2 Community Gardaí have been in situ for the past number of years and have built up very strong contacts and levels of respect within the local community.
Additionally, support is available and provided as required from uniformed and/or plain clothed resources from the other Cork City Centre Community Engagement stations and policing of the area is covered on a 24/7 basis by a mobile unit attached to Blackrock.
I am further informed that Neighbourhood Watch is active in the area and that local Gardaí attend the local community fora, where any issues are discussed in a proactive manner.
51. Deputy Pauline Tully asked the Minister for Justice for an update on the provision of a domestic violence refuge for women in Cavan; and if he will make a statement on the matter. [7677/23]
Amharc ar fhreagraThe Zero Tolerance strategy on domestic, sexual and gender-based violence, which was published last June and runs to 2026, commits to doubling the number of refuge places within its lifetime.
This will be the fastest ever expansion of refuge spaces and by the end of this Strategy there will be over 280 refuge spaces. In addition, there will be delivery of more safe homes and step down accommodation options.
By the end of 2024, we expect to have delivered 24 refuge units in Wexford, Dundalk and Navan. Work is ongoing to finalise lead providers and sites for each of the other priority locations, with many already identified.
It is our intention that an additional 98 refuge units in priority locations will have been delivered by 2025, which together with a further 19 additional and upgraded units delivered before the end of the Strategy will double the current number of refuge places.
The initial areas identified in the Tusla review include Cavan/Monaghan, where eight family places were suggested as a starting point for prioritisation.
A group of key stakeholders has met a number of times, which included officials from Departments of Justice, Housing, Tusla, Cavan and Monaghan County Councils, members of An Garda Síochána and local stakeholders, to discuss progressing a refuge for the Cavan/Monaghan. Tusla is following up with local meetings, with a view to formalising a process for development of the refuge and support services.
An implementation plan will be developed to take forward refuge developments in all of the priority areas identified in the IDG report.
At the same time, work is ongoing on delivering more safe homes, which are usually separate units of supported emergency accommodation, e.g. an apartment or house at a community level, in order to meet the needs of those at low to medium risk of serious harm. An additional 12 safe homes were delivered in 2022, bringing the total to 32 nationwide and we plan to increase this to 50 by the end of this year.
By putting in place the correct structures to deliver additional refuge accommodation, including the development of a new statutory agency, we will accelerate the number of additional spaces that can be opened each year. Already, work undertaken implementing the Strategy has prepared the way for this, including through additional funding under Budget 2023, the introduction of additional supports and the development of simplified processes and procedures to assist organisations in advancing proposals.
We are continuing to work together with domestic violence organisations and applicant groups, through the Housing Agency, to provide assistance with capital funding applications, public procurement and design and build processes. This approach will ensure we have the highest standard of refuge accommodation, delivered in the most efficient way.
The Zero Tolerance Strategy also commits to examining other options for victims of domestic violence, such as addressing barriers to remaining in the home if that is their preferred option.
52. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which the strength and deployment of An Garda Síochána continues to be sufficient to deal with drugs and organised crime in line with population increases, and the need to ensure adequate policing in areas currently appearing to have a deficiency; and if he will make a statement on the matter. [7687/23]
Amharc ar fhreagraThe continued disruption of the supply of all illicit drugs remains a priority for An Garda Síochána, the other State agencies tasked with responsibilities in this regard, and the Government.
As the Deputy will appreciate, the Garda Commissioner is responsible for the management of Garda resources, including the assignment of Garda members to a given area or specialised unit.
Similarly, the Commissioner is responsible for the management and administration of An Garda Síochána, including Garda operations aimed at preventing and countering organised criminal activity, and the enforcement of legislation pertaining to illegal drugs. As Minister, I have no direct role in these operational, policing matters.
I am assured that the Commissioner keeps the use of these resources under continual review to ensure their best use. Among the factors considered are population figures, crime trends and Garda operations in a given area.
The Garda National Drugs and Organised Crime Bureau (GNDOCB) continues to have significant success in disrupting drug trafficking and the supply of illicit drugs by organised crime groups. GNDOCB’s work is supported by Divisional Drugs Units nationwide, and by all Gardaí working in local communities. GNDOCB also works in cooperation with international law enforcement partners.
More broadly, 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.
The Government is committed to building stronger and safer communities across the country. Since 2015, the government has increased the budget for An Garda Síochána by approximately €672m, or 46%, to support Gardaí in its vital work to combat criminal activity.
55. Deputy Steven Matthews asked the Minister for Justice if he will confirm where the monetary returns related to fines for driving and parking fines issued by An Garda Síochána are returned to; how this money is accounted for; and if he will make a statement on the matter. [4212/23]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005, as amended, which includes the enforcement of road traffic legislation.
I have been advised by Garda authorities that monies collected from Fixed Charge notices issued by An Garda Síochána are accounted for within the Appropriation Account of An Garda Síochána as “Fixed Charge Notice Receipts”.
Details pertaining to the allocation of “Fixed Charge Notice Receipts” are contained at note 4.4 of An Garda Síochána Appropriation Account. All monies received by An Garda Síochána in relation to Fixed Charge Penalty Notices are returned to the exchequer and the cost of the Operation of the Go Safe Contract is funded separately within the Garda expenditure budget allocation.
56. Deputy Joe Flaherty asked the Minister for Justice to provide an update on the Garda Síochána restructuring and how it pertains to the Longford Roscommon district. [7446/23]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is by law responsible for the distribution of Garda personnel and resources between the different Garda Divisions. As Minister, I have no role in these operational matters.
I can advise the Deputy that the new Garda Operating Model reflects and addresses the challenges of modern day policing by enabling specialisation in the delivery of key services and freeing up more Gardaí to focus on front line policing.
It will particularly enhance the investigation of crime through the delivery of a greater range of specialised services in local areas such as the investigation of sexual crime, domestic violence, cyber-crime, and economic crime.
The development and introduction of the Operating Model was a recommendation by both the Garda Inspectorate and the Commission on the Future of Policing in Ireland (CoFPI) and is a key element of delivering its implementation plan, ‘A Policing Service for the Future’.
Its focus is on community policing based on local needs consistent with the objective of “Keeping People Safe” by working closely with wider services to prevent crime and support vulnerable people.
The new Operation Model, introduces major changes to the structures of An Garda Síochána by providing more front-line Gardaí, increased Garda visibility, and a wider range of policing services for people in their local area.
The Operating Model is designed to make each Division the central unit of policing administration rather than the current smaller District model to benefit from greater scale. It will allow for streamlining of administrative processes, reduction in bureaucracy and allow the release of Gardaí from back office functions.
The new Operating Model is currently being rolled out in all divisions and is fully commenced in six - Dublin South Central, Cork City, Kerry, Galway, Limerick and Mayo-Roscommon-Longford. For these divisions it means:
- Districts replaced with Community Engagement Functional Areas.
- Crime Functional Area established in each Division.
- All Personnel aligned to a Functional Area.
- Garda Stations Aligned to Community Engagement Functional Areas.
I am advised by the Commissioner that An Garda Síochána are planning for the continued rollout of the Operating Model during 2023, in consultation with the relevant stakeholders.
The Garda authorities have also indicated that the plan will include the continued roll out in the remaining divisions along with the implementation of the regional office standardised processes in the four regions during 2023.
The Deputy may also be interested to know that as of 31 December 2022, the latest date for which figures are available, there were 616 Garda members assigned to the Mayo-Roscommon-Longford Division. A full breakdown of Garda members nationwide is available on my Department's website, and updated monthly: www.gov.ie/en/publication/66833-garda-workforce/.
57. Deputy Marc Ó Cathasaigh asked the Minister for Justice the number of county registrars currently serving; the way in which that compares to historic levels. [7551/23]
Amharc ar fhreagraUnder the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions.
The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. The post of County Registrar is a statutory officer appointed by the Government, with a number of different roles, including under-sheriff and returning officer functions. When such posts become vacant, arrangements are made with the Courts Service and the Public Appointments Service to run an open recruitment competition to identify suitable persons for recommendation to Government for appointment.
The legislation governing the appointment of County Registrars provides for up to twenty-six County Registrars, each assigned to a County. Following an expenditure review conducted across the public service in 2009, the number of serving County Registrars was reduced on a phased basis to 16. This reduction was made possible by reorganising the work of the courts including the establishment of combined court offices, which encompassed the transfer of management functions previously exercised by County Registrars to Courts Service management personnel. In 2017, an additional County Registrar position was created for Counties Meath and Westmeath which brought the number of serving County Registrars to 17.
Having enquired into the matter, I can confirm that there are 14 serving county registrars serving, with 3 vacancies currently outstanding in Louth, Mayo/Roscommon and Waterford. Recruitment competitions are currently either ongoing or in the planning stage for the 3 vacant positions. Further information on such competitions is available on www.publicjobs.ie.
58. Deputy Colm Burke asked the Minister for Justice to confirm that consideration will be given to reforming sentencing laws to ensure tougher sentences for those convicted of violent crimes and sexual violence crimes; the progress that has been made to date; and if he will make a statement on the matter. [7740/23]
Amharc ar fhreagraI know the Deputy will appreciate that Judges are independent in the exercise of judicial functions, including in relation to sentencing, subject only to the Constitution and the law.Nonetheless it is worth noting that as a general rule, the court is required to impose a sentence which is proportionate not only to the crime but to the individual offender. In doing so the Court identifies where on the sentencing range the particular case should lie and then applies any mitigating factors which may be present.As the Deputy will be aware, section 2 of the Criminal Justice Act 1993 provides an important safeguard in that the Director of Public Prosecutions may apply to the Court of Appeal to have a sentence imposed by the trial court reviewed if it appears that the sentence imposed was, in law, unduly lenient.
The Deputy will also be aware that the Oireachtas has a role in relation to setting maximum sentences. In relation to maximum sentences, the Government are proposing to make a number of changes.
Government has approved the publication of the Criminal Justice (Miscellaneous Provisions) Bill 2022. Following the tabling of Government amendments at Committee stage, the Bill now provides for an increase from 5 to 10 years for the maximum sentence for assault causing harm – one of the most common offences in domestic violence cases. The Bill also contains provisions to make stalking and non-fatal strangulation standalone offences. While both are already crimes, this will make the law clearer and stronger. The Bill also provides for an increase in the sentence for the offence of conspiracy to commit murder from a maximum of ten years imprisonment to a maximum sentence of up to life imprisonment.
In addition, I am updating sexual offences legislation, which will include updating the law around consent and introduce a number of reforms in line with the commitments in Supporting a Victim's Journey , the plan to put the victim at the centre of the criminal justice system.
I will also seek to enact the Sex Offenders Bill which will strengthen the management and monitoring of sex offenders in the community. This Bill will also allow for the electronic tagging of sex-offenders and for the Gardaí to disclose information about previous convictions to a member or members of the public where the sex-offender poses a risk of causing harm.
In addition, I am examining reforms to the current mandatory life sentence for murder which would allow a judge to specify a minimum number of years, or tariff, to be served for murder. This change would allow the courts to reflect the aggravating factors and gravity of certain cases and give the public more confidence that, in the most heinous murder cases, judges will have the discretion to set a minimum tariff for a life sentence before the person can go before the Parole Board.
59. Deputy Brendan Smith asked the Minister for Justice the additional measures, in conjunction with the Department of Health, that will be implemented to deal with the serious problems arising from the prevalent use of illegal drugs throughout the country; and if he will make a statement on the matter. [7547/23]
Amharc ar fhreagraI want to assure the Deputy that I am acutely conscious of the devastating impact that illegal drugs and drug dealing have on communities across the country and I have discussed these concerns with the Garda Commissioner and his senior team since my appointment as Minister.
Tackling drug dealing and associated criminal activity, including by organised crime groups and by members of the public who, through their drug taking, fuel this illegal and very harmful trade, is a top priority for An Garda Síochána and the Government. The Government is committed to taking a number of direct actions to tackle this, including by:
- Increasing the maximum sentence for conspiracy to murder from 10 years to life in prison to tackle those who direct gangland and drug related crime;
- Introducing new legislation which will criminalise the grooming of children into a life of crime, and supporting the roll-out of Greentown, an evidence-informed pilot programme which is seeking to break the link between the gangs and the children they try to recruit.
In addition, the Government will continue to support An Garda Síochána through unprecedented levels of investment to keep our communities safe.
An Garda Síochána continues to target those involved in the sale and supply of illegal drugs through Operation Tara, which has a strong focus on tackling street-level dealing across the country. Operation Tara also focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved, at every level.
The Garda National Drugs and Organised Crime Bureau (GNDOCB) is having significant, sustained success in disrupting the supply of illicit drugs by organised crime groups, with several substantial seizures in recent weeks. This month, Gardaí seized cocaine with an estimated street value of approximately €700,000 and arrested an individual in the Dublin 15 area following an intelligence-led operation. The Deputy may also be aware that Gardaí in Monaghan seized €384,000 worth of cannabis in December.
The Deputy may also wish to know that the Garda 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.
Cooperation with international law enforcement agencies remains a key element of the Garda response in view of the global nature of the drugs trade, with Gardaí working closely with relevant law enforcement agencies such as INTERPOL and Europol to target drug trafficking.
More broadly, the Government’s strategic approach to the misuse of drugs is health-led, under the National Drugs and Alcohol Strategy 2017-2025, Reducing Harm, Supporting Recovery , with the intention being to reduce demand, while balancing this with limiting access to illegal drugs to the greatest extent possible. Gardaí are in ongoing collaboration with local authorities, the HSE, NGOs, community groups and other state agencies to tackle the problems of drug addiction and abuse.
60. Deputy Marc Ó Cathasaigh asked the Minister for Justice the position regarding the online portal to enable citizens to report road traffic offences to assist An Garda Síochána with enforcement to improve road safety for all road users; and if he will make a statement on the matter. [7684/23]
Amharc ar fhreagraThe Deputy will be aware that the development and implementation of road traffic legislation and policy, including the Government's Road Safety Strategy 2021-2030, and the promotion and advancement of road safety, falls within the remit of my colleague, the Minister for Transport. I can inform the Deputy that the current Traffic Watch facility allows for members of the public to report driver behaviour to An Garda Síochána. Matters reported via this facility are forwarded to the relevant local Garda Office for investigation. Similarly, citizens may make complaints to any member of An Garda Síochána or through the Garda website. Under Action 29 of the Road Safety Strategy, An Garda Síochána will explore the potential of an online portal for road users to upload footage of road traffic offences which could assist in prosecutions. I understand that on 4 October 2022, Assistant Commissioner Paula Hilman gave the Joint Committee on Justice an update on this Action, and indicated An Garda Síochána’s commitment to the portal.I can also inform the Deputy that the legal advice made available to me indicates that specific legislative provisions will not be required for an online portal. Section 41 of the Data Protection Act 2018 provides a lawful basis for personal data collected for one purpose to be processed for another purpose, where such onward processing is for the purpose of the prevention, detection, investigation or prosecution of criminal offences.Therefore, members of the public who collect dashcam footage are entitled to pass it on to An Garda Síochána, and An Garda Síochána is entitled to process it for the law enforcement purposes mentioned. An Garda Síochána would need to process such data in line with its data protection obligations generally and would be required to put guidelines in place for dealing with the data obtained, its retention and destruction.
I have been advised by the Garda authorities that uploading footage through an online portal as envisaged would only be a first step. An Garda Síochána would require a Digital Evidence Management System (DEMS) to store, manage and process any footage received.
I am further advised that a DEMS is a prerequisite for the deployment of body worn cameras, which is being provided for in the Garda Síochána (Recording Devices) Bill.
The project to introduce body worn cameras and the accompanying DEMS, commencing with the procurement process, will be initiated by the Commissioner this year, following the enactment of the supporting legislation.
As part of this project, it is planned to introduce an online portal to enable the public to upload and submit video to An Garda Síochána. Given the lengthy likely procurement process and the follow-on implementation period it is envisaged that the introduction of such an online portal will be during 2024 at the earliest.
It is important to note that road traffic enforcement remains a core policing function of An Garda Síochána. The Garda National Roads Policing Bureau ensures a consistent approach to road safety and enforcement of road traffic legislation across the country.It is also important to emphasise that road traffic legislation is enforced as part of the day-to-day duties of all members of An Garda Síochána, in addition to the employment of specific enforcement operations. I would of course encourage any member of the public to report any incidents of dangerous driving directly to An Garda Síochána.
