Oireachtas Joint and Select Committees
Tuesday, 20 May 2025
Committee on Justice, Home Affairs and Migration
Business of Joint Committee
2:00 am
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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Cuirim fáilte romhaibh go léir. Apologies have been received from Senator Lynn Ruane and Deputy Tom Brabazon, who is speaking in the Chamber and will, hopefully, make his way to the meeting as soon as possible.
I remind members to turn off their mobile phones or switch them to silent. Before we proceed, I have a number of procedural issues that I would like to deal with. First, in accordance with Standing Orders, I wish to make the following declaration. As Cathaoirleach, I do solemnly declare that I will duly and faithfully and to the best of my knowledge and ability execute the office of Cathaoirleach of the Joint Committee on Justice, Home Affairs and Migration without fear or favour, apply the rules as laid down by the House in an impartial and fair manner, maintain order and uphold the rights and privileges of members in accordance with the Constitution and Standing Orders.
I remind members of the constitutional requirement that those who participate in public meetings must be physically present within the confines of the Leinster House complex. Members of the committee attending remotely must do so from within the precincts of Leinster House. This is due to the constitutional requirement that, in order to participate, members must be physically present within the confines of the place where the Parliament has chosen to sit. In this regard, I will ask any member participating via Microsoft Teams to confirm, prior to making a contribution to the meeting, that he or she is on the grounds of the Leinster House campus.
Members are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that may be regarded as damaging to the good name of a person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, I will direct them to discontinue their remarks. It is imperative that they comply with any such direction.
Cuirim fáilte roimh chomhaltaí uile an choiste seo inniu. Is mór an onóir dom a bheith ceaptha mar Chathaoirleach ar an gComhchoiste um Dhlí agus Ceart, Gnóthaí Baile agus Imirce. I am very honoured to have been appointed as Cathaoirleach of the Joint Committee on Justice, Home Affairs and Migration. This committee has a lot of important and urgent work to do and I look forward to working constructively with members to get that work done. While the committee will have a lot of legislative work to do, it also has an important role in holding the Government, including the Minister for Justice, to account. As Chair, I will seek to ensure that happens.
There are many issues across the justice, home affairs and migration portfolio that need to be addressed. We have too few gardaí to police our communities, prevent crime and prevent young people from becoming involved in crime. We have too few gardaí in community policing and roads policing. Last Friday, I attended the funeral of Garda Kevin Flatley. The death of Garda Flatley reminded us all of the dangers members of An Garda Síochána face in the line of duty. I take this opportunity at the first meeting of the Joint Committee on Justice, Home Affairs and Migration to put on record the committee's condolences to Garda Flatley's family and colleagues in the Garda. There must be an increase in the training capacity to put more gardaí on our streets and in our communities to ensure that our communities are safe and that gardaí can do the job they love.
Much more must be done to prevent young people becoming involved in crime and people from being drawn into crime because of poverty, and to invest in diversion and rehabilitation. We need to ensure that the policies that are pursued in the criminal justice system actually lead to a reduction in the level of recidivism. We need to improve access to justice, particularly access to justice for victims of sexual crimes and domestic abuse. There needs to be urgent action from the Minister and the rest of the incoming Government to address problems with civil legal aid that are preventing victims from securing barring orders, for example, and there needs to be better support for victims during and after the judicial process.
Our migration and international protection systems remain chaotic. Decisions and appeals are still taking too long. Deportations are not enforced. There is significant profiteering from the provision of often-times inappropriate IPAS accommodation. We need a system that is fit for purpose, works in a timely manner and enforces decisions. That means that those who are entitled to be here are processed and integrated as part of our community and country. It means that those who are not entitled to be here are processed quickly and leave orders are enforced. Under the previous Government, the only criterion that determined where accommodation for international protection was located was where private interests seeking to profit from the dysfunctional system had properties that they wanted to turn into IPAS accommodation. Often, these properties were unsuitable. This has to change. Any new IPAS centres should be placed in areas that are best resourced to accommodate them. This means not in areas that are already struggling in terms of a lack of resources.
This committee can play a constructive and proactive role in addressing a range of issues, including ensuring that we have safer communities, better policing, more gardaí and a migration system that is fit for purpose and works as it is supposed to. As Chair, there are a number of things I hope the committee will agree to put on our agenda as early as possible. These include an examination of the three-county Garda divisional model and the Garda operational model, the recruitment and retention crisis in An Garda Síochána and profiteering in the granting of IPAS contracts. If we do our job as a committee, we will contribute significantly to delivering improvements in terms of justice and migration. To do that, I want to ensure that, as much as possible, we can have ordinary people who are campaigning for improvements in our justice and other systems appear before this committee and not just allow the committee to remain the preserve of academics or non-governmental organisations. This is a committee that I hope will deliver in the time ahead.
Do members have any comments to make before I proceed with the business of the committee?
Robbie Gallagher (Fianna Fail)
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I congratulate the Cathaoirleach's good self on becoming Chair of this committee.
I look forward to working with him in the term ahead. The last time I attended a meeting he was chairing was back in the days of Monaghan County Council. I have no doubt that he will conduct affairs in a fair manner.
The Cathaoirleach mentioned a number of matters in his opening address. I express my sincere sympathies to the family of Garda Kevin Flatley, who gave up his life for this country. He was the 90th member of An Garda Síochána to do so and that shows the dangers associated with the job. In very few occupations are people who go out to work in the morning at risk of losing their lives before they return home in the evening. To his wife, his two children and his mum and dad, I am sure I speak for us all in expressing our heartfelt sympathies. They have many long and dark days ahead of them and I wish them well on that journey.
I come to this committee with an open mind on all the issues the Cathaoirleach has mentioned, including in respect of the Garda and its representative bodies. It will be important for the committee at the first opportunity to invite representatives to address it and to give us their first-hand experience of the day-to-day life of a member of An Garda Síochána, regardless of rank. That would be useful.
I look forward to an open and frank discussion of all matters relating to migration. As I said, I come here with an open mind. I am here to listen to all sides of the argument. We all want a fair system under which applications are turned around in a speedy manner. Thankfully, under the Minister for Justice, Home Affairs and Migration, Deputy Jim O'Callaghan, we are seeing progress in that regard. I look forward to that progress continuing.
I look forward to working with all my colleagues on the justice committee. Senator McDowell and I soldiered on the equivalent committee in the previous term. I look forward to working with him and all my other colleagues, including the executive. I see Mr. Alan Guidon is back. I worked with him in the previous term. I must say that the secretariat was always super efficient and provided a great service. I have no doubt that the new group will do likewise.
Paula Butterly (Louth, Fine Gael)
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On my behalf and, I presume, that of my colleagues, I wish the Cathaoirleach well in his term. There are three freshman members of the committee. I am heartened to see there are also more seasoned politicians around the table. I hope they will guide us. Two of the most important aspects of this committee are transparency and impartiality. I am looking forward to seeing the work plan, aside from the legislative scrutiny of which we will take due note. I look forward to hearing ideas from all parties and people, without any particular slant. I wish the Cathaoirleach the best of luck.
Alan Kelly (Tipperary North, Labour)
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I wish the best to the Chair. We will be together for a few months or a year or two. I am looking forward to working with all my colleagues.
What format is the Chair going to adopt for our work programme? There will be legislative requirements to go through. This is probably one of the most central committees when it comes to legislation. It has probably the highest volume of legislation of any committee. The Cathaoirleach referenced issues in respect of various topics. I agree with him on issues relating to An Garda Síochána. It would be imperative for us to call the Garda Commissioner and his team in before the committee before he leaves the role.
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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We will be going into private session shortly. I propose we have conversations-----
Alan Kelly (Tipperary North, Labour)
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Okay.
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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-----on precisely those issues. I will be open to the direction of members in that forum.
Alan Kelly (Tipperary North, Labour)
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I thank the Cathaoirleach.
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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As Cathaoirleach, I am available to meet as often as members want and the secretariat can facilitate.
Alan Kelly (Tipperary North, Labour)
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I thank the Cathaoirleach.
Gary Gannon (Dublin Central, Social Democrats)
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I congratulate the Cathaoirleach as he takes on the role. I am excited and honoured to be a part of a committee that must do such important work for the people of this country. The concept of justice at its essence is about balance. At present, there is an imbalance. Prisons are overcrowded. There are streets where people feel unsafe. That speaks to a sense of imbalance within the system. It is our job not just to scrutinise how best to punish or to identify the faults, although they do need interrogation. We need to see what is leading to those faults. That is an important component of the work we are going to be doing. Those are the parts to which I hope to contribute.
Catherine Callaghan (Carlow-Kilkenny, Fine Gael)
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Déanaim comhghairdeas leis an gCathaoirleach on his appointment as Chair of this committee. I, too, am looking forward to working with my colleagues, including those with whom I am yet to have a good conversation. I am looking forward to a successful and progressive campaign over the next four years.
I echo the Cathaoirleach's sentiments in expressing my condolences to the family of Garda Flatley on his passing. It gives us an opportunity to notice and take stock of the role of An Garda Síochána and the valuable contribution its members make to the State.
In my time on the committee, I would like to see a focus on recruitment to and retention in An Garda Síochána. I would also like to focus on the role that An Garda Síochána plays in our national security. I would like to consider how we can support it in that role. I look forward to collaborating with everybody.
Michael McDowell (Independent)
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I join the congratulations to the Cathaoirleach on his appointment and welcome his introductory remarks. Deputy Gannon referred to the imprisonment crisis, which is not going away, cannot go away and must be addressed. It may not be a great vote-getter but unless something is done about it, we are sitting on a powder keg. It is not just a matter of numbers. It is also about any prospect of rehabilitating younger offenders in particular and getting them back as useful members of society. They are kept in squalid conditions at the moment and are subject to bullying, violence, drug-pushing and the like.
I completely agree about the numbers in An Garda Síochána. The numbers are at roughly the same level they were when I ceased to be the Minister for Justice in 2007. With a growing population and economy, we have failed to retain people on the force or to make it an attractive career. We have failed to avail of the opportunity that has been there in the past two decades to keep the force at the size it should be.
In that context, I will also mention the Garda Reserve. It has gone down from approximately 1,200 members to approximately 300. That must change. I am not trying to devalue the work of full-time professional gardaí but I believe that right across the country, in both urban and rural areas, there are women and men who are willing to assist An Garda Síochána, to supplement its numbers where necessary and to show genuine solidarity with the whole process of law enforcement. I would like those issues to feature in our future planning.
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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I thank all members for their contributions. It says a great deal about the potential of a committee when we have two former Ministers and two Deputies who are Chairs of other committees among our number. We will have some lively debates and discussions, which I have no doubt will be carried out at all times in a professional and courteous manner. The seriousness of the issues at hand will be reflected in our deliberations.
I will move to the nominations for the position of Leas-Chathaoirleach. As members are aware, a committee may choose to elect a Leas-Chathaoirleach to perform the duties and exercise the authority of the Cathaoirleach in his or her absence.
I propose that the committee proceed to elect a Leas-Chathaoirleach. I propose that we invite the secretariat to request nominations for the position of Leas-Chathaoirleach. Members may consult one another and send nominations to the clerk by 3 p.m. this Friday, 23 May. I propose that we proceed, with the agreement of the committee, to elect a Leas-Chathaoirleach at our next meeting on 27 May. An bhfuil sé sin aontaithe? Is that agreed? Agreed.
With the agreement of members, we will now go into private session to deal with some housekeeping matters. Is that agreed? Agreed.