Dáil debates

Thursday, 20 October 2022

Ceisteanna Eile - Other Questions

Traveller Community

10:20 am

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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11. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the launch of the Irish Travellers' Access to Justice landmark report, published recently by the University of Limerick, which found that Travellers' trust in the Irish criminal justice system is extremely low; and if she will make a statement on the matter. [52181/22]

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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In June, the University of Limerick published the results of a groundbreaking new study that examined the relationship between Travellers and the Irish criminal justice system. The report details that Travellers' trust in the system is extremely low and that fears of wrongful arrest, excessive use of force, wrongful conviction, disproportionately high sentences and wrongful imprisonment affect how Travellers engage with and experience the criminal justice system. Will the Minister of State undertake to respond to the report with wide-ranging systemic changes?

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I thank the Deputy for raising this important question. The Irish Travellers' Access to Justice report, published by the University of Limerick in June, is a welcome and valuable contribution to research and evidence in this important area. It is clear that there is a lot more work to be done, building on the significant work under way across the justice sector to engage more effectively and equitably with Irish Travellers in line with our values and statutory public sector duty, in addition to the National Traveller and Roma Inclusion Strategy.

In particular, An Garda Síochána is committed to providing a human-rights-focused policing service that protects the rights of all people with whom it comes into contact. This is at the heart of the Garda code of ethics and the Garda decision-making model and has frequently been referred to by the Garda Commissioner, who has put a strong organisational focus on equality, diversity and inclusion. The Garda is seeking to embed the principle that human rights are the foundation and the purpose of policing in Ireland and has demonstrated this in recent years through the work of the Garda National Diversity & Integration Unit, GNDIU, and the publication of an equality, diversity and inclusion strategy and action plan. An Garda Síochána ran a diversity internship programme over the past nine months aimed at highlighting pathways to employment in the organisation for minority communities, including Travellers. The second phase of this very successful programme was recently advertised by the Public Appointments Service.

It is vital to upholding trust in policing that police powers are exercised in a consistent and unbiased way and that marginalised individuals and groups are not disproportionately impacted. The forthcoming Garda Síochána (powers) Bill will address the recommendation of the Commission on the Future of Policing in Ireland that, for the purposes of clarity and transparency, police powers of search, arrest and detention should be codified and supported by statutory codes of practice. This is supported by relevant training to ensure members have the personal and professional expertise and cultural awareness to police Ireland's diverse communities in a proactive and appropriately inclusive way. An important role is played by the Judicial Council in ensuring public trust and confidence in the Judiciary.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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I thank the Minister of State. The problem is that it is clear from the research and from talking to Travellers that they do not experience a policing model that is focused on human rights. The report found that half of those surveyed had been present in a home that gardaí entered without permission. They found that 64% of Travellers in Garda custody in the past five years said they did not feel safe while in custody. When they were asked about the last time they were stopped by a garda, 59% of them said they believed they were stopped because they were a Traveller. Of those who believed they were racially profiled, 53% said the garda who stopped them had a reputation for stopping Travellers and 23% said the gardaí who stopped them had said something about their Traveller identity or Travellers generally that explained why they felt they were being stopped because of being a Traveller. The findings give a sense of Travellers' lived experience of State racism. It requires a change of approach because the current one is clearly not focused on human rights.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I am very much aware that Travellers are significantly over-represented in the prison population. The Irish Prison Service is providing targeted supports, including adult educational programmes, which cater to the specific needs of the Traveller community. Traveller liaison teachers have been appointed in each educational centre. The service has also introduced peer support services, peer-led mediation and the training of Traveller volunteers for the Red Cross programme. The equine centre at Castlerea Prison, which was established in 2020 in partnership with the equine industry, has succeeded in developing confidence, self-worth and practical training for Travellers in prison. I visited Castlerea Prison a short while ago.

There are currently 360 Garda diversity officers across all Garda divisions. They receive additional training and support from the GNDIU to engage actively with and attend to the concerns of minority and diverse communities, providing reassurance, building trust and extending accessibility to Garda services. The training of diversity officers is ongoing and includes models on racial profiling and, of course, unconscious bias.

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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It seems that fundamental changes are necessary to challenge the systemic racism that many Travellers experience at the hands of the Garda. There are several recommendations in the report and I would like a response from the Minister on three of them. The first is as follows:

The introduction of an ethnic identifier throughout the criminal process from the point of reporting to the point of sentencing, including entry and search of homes and stops and searches which must be recorded. A commitment to make the resultant data available to independent researchers.

In other words, it is a question of everything being clear such that one can analyse whether there is a racist approach. A second recommendation is the development, publication, funding and implementation of a criminal justice strategy for the Traveller community, with a remit right across the criminal process. The third is the establishment of a robust and effective independent complaints body operating across the criminal legal process and with a remit to accept and respond to complaints regarding any criminal justice agency or professional, including customs officers and judges, and with no continuing connection to any of the criminal justice agencies.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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The Department is engaging on the report, examining its recommendations and assessing it. The first criminal justice sectoral strategy was published by my Department on 7 March 2022. The strategy aims to strengthen and improve how criminal justice organisations work together and communicate the work they do. Five subgroups have been established to oversee and monitor the implementation of the strategy. The subgroup on increasing public understanding, in particular, aims to improve communications and deepen community engagement. The Department is very much engaging on the report and assessing the recommendations.

Questions Nos. 12 to 14, inclusive, taken with Written Answers.