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Departmental Programmes

Dáil Éireann Debate, Tuesday - 30 April 2024

Tuesday, 30 April 2024

Ceisteanna (477)

Patrick Costello

Ceist:

477. Deputy Patrick Costello asked the Minister for Justice the status of a series of Programme for Government commitments (details supplied); the actions taken to date; the stage of formulation and the estimated timeline for completion of each, in tabular form. [18742/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society. My Department remains steadfast in its efforts to deliver on the commitments laid down in the Programme over its lifetime.

The information requested by the Deputy is set out in the following table.

Programme Commitment

Status

Further tackle insurance costs by strengthening the Solicitors (Advertising) Regulations of 2002.

The Legal Services Regulation Act 2015 (Advertising) Regulations 2020 came into operation on 18 December 2020.

Enact legislation that encompasses relevant EU measures and the

UN Protocol against the smuggling and trafficking of migrants.

Criminal Justice (Smuggling of Persons) Act 2021 was signed into law 15th Dec 2021

Implement the measures identified by the Expert Group, to ensure that international protection applications are dealt with and brought to finality

as quickly as possible, while always ensuring fair procedure and a human rights-based approach.

The recommendations which could be progressed were completed. This programme has since been superseded by the International Protection Modernisation Programme for 2023-2024 which takes account of the changed circumstances.

Expand the Dublin North-East Inner City model to other comparative areas experiencing disadvantage.

Local Community Safety Partnership pilots established in Dublin North Inner City, Waterford and Longford to expand a model similar to the NEIC model to other comparative areas experiencing disadvantage.

Annually renew the provisions of the Offences Against the State Act 1998

and the Criminal Justice (Amendment) Act 2009.

Provisions renewed. Final report of Offences Against State Act Review Group was brought to Cabinet and published June 2023.

Independently examine the option of a dedicated system of public defenders.

Superseded by the publication in July 2023 of the General Scheme of the Criminal Justice (Legal Aid) Bill 2023, which will transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board, and reform assessment of eligibility, of the fees, and automation of the payments for increased efficiency and strengthening oversight and governance structures.

Implement a new Youth Justice Strategy, drawing on learnings for the Icelandic model and emphasising prevention, early intervention, and inter-agency collaboration.

Youth Justice Strategy 2021-2024 published on 15 April 2021. Implementation is supported by funding which has increased by 83% since 2020 to over €33m per annum.

Work with all criminal justice agencies to build capacity to deliver restorative justice, safely and effectively.

The Department of Justice’s policy paper on Restorative Justice was published in August 2023. The Probation Service has received an increase in funding for restorative justice related work, and will continue to expand services as appropriate

Adopt and implement a comprehensive strategy to combat trafficking of women and girls.

The Third National Action Plan to Combat Human Trafficking was published in November 2023.

Publish and begin to implement a reform programme to reduce the costs associated with access to the legal system in Ireland.

The Department of Justice published the report of an independent examination of possible models to control litigation costs on 7 February 2024. Officials are engaging with and utilising the data and learning emerging from the work of the Department of the Environment, Climate and Communications to develop a scale of fees for JR applicants as a first/pilot step in developing generalisable options.

Support the Drug Related Intimidation Reporting Programme, developed by the National Family Support Network, in partnership with An Garda Síochána, to respond to the needs of drug users and families facing the threat of drug-related intimidation.

This work is led by the Department of Health.

Introduce a scheme for the expunging of criminal records for gay men convicted of historical offences.

In June 2023, the final report and recommendations of the Working Group examining the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men, was published. The heads of a General Scheme to provide for the statutory scheme are being prepared, in tandem with necessary legal and stakeholder consultation, with a view to the General Scheme being completed in the coming months.

Continue to train new Garda recruits annually.

Garda recruitment campaigns have been run in 2022, 2023 and 2024. The most recent recruitment campaign ran in March, receiving almost 5,000 applications

and demonstrating ongoing high interest in a career as a Garda. Government has increased the training allowance paid to trainees and increased the maximum age

of recruitment from 35 years to 50 years. Additional measures to attract and retain Gardaí continued to be considered.

Prioritise visible policing in both rural and urban communities.

Additional ringfenced funding was provided in Dublin in 2023 and increased the Garda overtime budget for 2024. In 2023, 280 new Gardaí assigned to Divisions across Dublin, with additional permanent full time Gardaí assigned in 2024.

The Commissioner will continue to ensure a high visibility policing presence in the city centre. Ongoing engagement with National Rural Safety Forum. Rural Safety Plan 2022-2024 published. Further supported by rollout of new Garda Operating Model along with targeted operations. As part of the Policing, Security and Community Safety Act, community safety partnerships with community safety plans will be established nationwide

Remove Gardaí from administrative, technical, and other non-core duties, to allow them to focus on policing matters.

Approximately 820 Gardaí redeployed to date. A range of Garda immigration administrative functions to be taken on by the Department of Justice over the course of 2024.

Increase the diversity within An Garda Síochána, prioritising the identification and removal of barriers to recruiting and retaining people from diverse and minority backgrounds.

The Garda Recruitment Competitions focus on equality, diversity and inclusion. This has included changes to Garda uniform policy, the establishment of the Garda National Diversity Forum, representation from diverse and minority communities in An Garda Síochána, the establishment of a Garda internship programme focused candidates belonging to a group at greater risk of inequality or social exclusion in Irish society.

Codify the Garda powers for search, arrest, and detention.

Garda Síochána (Powers) Bill is being drafted with the Publication of Bill expected in 2024.

Continue to support the work of An Garda Síochána in tackling and interrupting organised crime.

Ongoing. The budget of An Garda Síochána has been increased by 23% since 2020, including investment in ICT, modern buildings and ongoing recruitment. International cooperation has been supported and continues to prove valuable in combatting transnational crime. Ireland's successfully connected to SIS II; Terrorist Content Online Regulation came into effect in June 2023; continuing to support operation of European Arrest Warrant and extradition system. Work is ongoing on the Proceeds of Crime Amendment Bill, with oral PLS hearing held in the Oireachtas Justice Committee on 16 April.

Support and consolidate the reform and strengthening of the Department of Justice.

In 2019 the Department was restructured to a new Functional Model, which continues to be reviewed and refined to respond to ongoing challenges.

Amend the Criminal Justice (Corruption Offences) Act 2018 to make the prosecution of white-collar crime more manageable and efficient.

This is part of the development of the national strategy for combatting economic crime and corruption and accompanying action plan.

Enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a less-adversarial resolution of disputes.

The Family Court Bill was published in November 2022. Work on the Bill continues in 2024.

Build a new Family Law Court building in Dublin and ensure that court facilities across the country are suitable for family law hearings, so that these hearings can be held separately from other cases.

The building is being developed by way of PPP, planning permission was granted in April 2024. The project is expected to be completed in the latter part of the National Development Plan

Clarify and strengthen contempt of court sanctions for violations on social media.

The report of the Law Reform Commission (LRC) on contempt is awaited. The Department met with the LRC in March 2024 to discuss its programme of work, and the LRC plans to advance work on this project later this year.

Implement reforms to the administration of civil justice in the State covering matters such as the more efficient and effective deployment of court and judicial resources. This will be guided by the report of the group chaired by

the former President of the High Court, Mr. Justice Peter Kelly.

The Kelly Review and implementation plan has been published. Preparation of legislation to give effect to the recommendations is underway.

Set up a special expert forum on antisocial behaviour, to consider the effectiveness of existing legislation and propose new ways forward, including new powers for An Garda Síochána and additional interventions to support parenting of offenders.

The expert forum on antisocial behaviour was established in 2020. It has examined a broad range of issues with a focus on developing measures which will counteract the negative impact of this behaviour on community morale and quality of life. The forum operates four subgroups to consider specific issues, including one on knife crime, and has made a number of recommendations based on the available evidence to inform criminal justice policy in this area.

The Government has approved proposals to amend legislation to increase sentences for a number of knife-related crimes and to strengthen the use of antisocial behaviour orders.

Examine increasing the age limit for the application of the Garda Youth Diversion Programme to 24 years old.

Following public consultation in 2022, two open policy forums (AGS Open Policy Forum, Public/ Stakeholder Open Policy Forum) took place 28th/29th Nov with a view to bringing forward proposals for a possible diversion approach to 18 to 24 year olds in the coming months.

Extend the pilot schemes of the Joint Agency Response to Crime to more areas to target prolific repeat and vulnerable offenders aged 16 -21.

The required changes to structures were agreed in December 2023 with implementation planned for 2024.

It is also intended that the JARC methodology will be adopted by An Garda Síochána and the Probation Services as mainstream nationwide practice.

Establish a gambling regulator focused on public safety and wellbeing,

covering gambling online and in person, and the powers to regulate

advertising, gambling websites and apps.

The Gambling Regulation Bill 2022 is due to complete Report and Final Stages in Dáil Éireann in the coming weeks. A CEO Designate of the Gambling Regulatory Authority of Ireland, has been appointed.

Programme Board established to ensure different work streams progress parallel

to the legislative process.

Ratify and implement the Optional Protocol to the Convention against

Torture within 18 months of the formation of the Government.

General Scheme approved by Government and published in 2022. Drafting of the Bill has commenced in the OPC.

Review the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 to broaden the range of convictions that are considered spent.

Policy options (informed by comprehensive public consultation) to broaden range of spent convictions have been developed and remain under consideration

Establish a Penal Policy Consultative Council to advise on penal policy.

Proposed approach to establishment of a Consultative Council has been developed and remain under consideration.

Introduce Hate Crime legislation within 12 months of the formation of the Government. This legislation will create specific offences, to ensure that

those who target victims because of their association with a particular identity characteristic are identified as perpetrators of hate crime. This legislation will be on the basis of an aggravated offences model. It will be supported by training across the criminal justice system, as well as victim supports.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 was published in 2022. All Dáil stages completed in April 2023. Seanad Second Stage took place on 13 and 21 June 2023. Seanad Committee Stage date

is expected in the coming weeks.

In order to ensure that those who seek to encourage and incite others to hate minority groups can be prosecuted, we will revise and update Incitement to Hatred Act 1989, taking account of the public consultation conducted in 2019.

As above

Legislate to introduce Domestic Homicide Reviews.

The ‘Study on Familicide and Domestic and Family Violence Death Reviews’ was published in May 2023. Action on a number of recommendations already underway through the Zero Tolerance strategy is being taken forward in 2024.

Implement the findings of the O’Malley Review of supports for vulnerable witnesses in sexual violence cases to support victims.

The Criminal Law (Sexual Offences and Human Trafficking) Bill completed Committee Stage on 14 November 2023. Report Stage has been scheduled for 1 May.

Modernise our licensing laws and application processes.

General Scheme of the Sale of Alcohol Bill 2022 published Oct 2022. While work on this Bill is progressing, the heads of a shorter Bill are being drafted with publication expected in 2024.

Update legislative provisions with the Charities Regulator, to ensure that it has the necessary powers to increase trust and confidence in the management and administration of charities.

This is led by the Department of Rural and Community Development.

Work with the Executive and the UK Government to deepen multi-agency cross-border cooperation on crime, including information-sharing between the Police Service of Northern Ireland and An Garda Síochána.

Work with the Executive and the UK Government continues to deepen multi-agency cross-border cooperation on crime, including information sharing between the Police Service of Northern Ireland and An Garda Síochána, particularly following Brexit. The first cross border organised crime conference since Covid was held in Cavan in February 2024.

Review and reform defamation laws, to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice.

Review of the Defamation Act 2009 published March 2022. It is expected to publish the Defamation (Amendment) Bill in 2024.

Recognise the domestic and international importance of data protection in Ireland. We will support the Data Protection Commission, to ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation (GDPR).

An additional two new Data Protection Commissioners appointed 20 February 2024, for a five-year term. The vacancy for the third DPC Commissioner will be filled through a new Public Appointments Service competition as soon as possible.

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