Seanad debates

Friday, 10 July 2009

Photo of Cecilia KeaveneyCecilia Keaveney (Fianna Fail)
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I thank the Minister for being here to take this matter on the Adjournment. First, however, I congratulate Senator Donohoe on raising the previous issue. I recently visited the military archives in Cathal Brugha Barracks, Dublin, and was thrilled to come across a group photograph which includes my grandfather. I also discovered his original autograph in the Ballykinlar book. It was a thrill to see the autograph of my grandfather, who died before I was born. I encourage the Minister to find mechanisms to provide more such research locations for students and others. The authorities at the military archives told me that they have boxes of material that they cannot record. The archival material is lying in warehouses because they do not have the personnel to deal with it. While there may be data protection issues involved, there are many students who would like to have an opportunity to access that material. I thank the House for allowing me some latitude to raise that issue.

This Adjournment matter concerns the need for the Minister for Justice, Equality and Law Reform to discuss with the Garda Commissioner ways in which the Garda Síochána can improve its communications strategy with victims of crime, those who report crime and the public to enhance mutual respect, knowledge and understanding of each other. As a public representative, I come across people who have either been victims of crime or who have reported crime-related incidents. In such cases I often get the impression that no feedback was involved. Gardaí may say that a certain amount of activity happened but they could not catch those responsible. They may also say that the process is continuing but has not yet finished. There seems to be a gap between people giving and getting information. If someone is causing bother in a town, a person may say "I won't phone the guards because if I do they will want all my details before they'll do anything". At times, people are desisting from reporting crime because they feel they will go through the forensic mill more than the perpetrators, although I know the policing forums will improve the position.

I recently came across a magazine that comes out regularly in the North, although I am not claiming that the North has all the answers in this regard. It is a regular report that comes from the chief constable of the PSNI. It is reader friendly, informative and contains articles on police budgets and staff retirements. Such simple matters seem to have been left out of our system. In my area, for example, Garda staff, including sergeants and superintendents, change quite regularly, so a lot of the time one does not know who local gardaí are. Some mechanism should be found to get information to the public concerning their local gardaí. People will not or cannot engage with such people until they know who they are. Useful Garda deployment and information exchanges can only happen if people know who is there.

The PSNI magazine contains information on who to go to for help following burglaries and how better to protect oneself from potential crimes. There are many good articles containing statistics and facts on what the PSNI is doing with its budget. In that way people can see a level of accountability. The articles also cover issues such as safety at school and road safety, as well as combating hate crime and rape. It is all straightforward material and is covered like a local newspaper so that readers can understand it. It shows that the PSNI is making an effort to communicate. I receive the Garda Review so I know when a garda has moved from one place to another, but it is really a document about the Garda Síochána and the profession. It is almost a union magazine. Something like this is worth exploring.

Justice powers have not been devolved in the North so it will be between our Minister for Justice, Equality and Law Reform and the equivalent in Westminster to find simple ways to communicate with the public and build their confidence and trust. The more confidence and trust that is built, the more exchanges of information that will take place. In such scenarios, crime is not solved but can be prevented. Ultimately, that is what we should be trying to do.

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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On behalf of the Minister for Justice, Equality and Law Reform, I take the opportunity to speak to the topic put down by Senator Keaveney. The Minister had noted the earlier comments by the Senator in this House on Wednesday last on the Garda Síochána not providing sufficient feedback to victims of crime and those who report crime.

In 1999, the then Minister for Justice, Equality and Law Reform published a victims charter entitled Victims Charter and Guide to the Criminal Justice System, which provides a written framework of rights and entitlements against which crime victims can measure the level and standard of treatment received in their dealings across all sections of the criminal justice system, including the Garda Síochána. A guiding principle of the charter is a commitment to give victims of crime a central place in the criminal justice system. As indicated in the charter, victims of crime are entitled to respect and compassion from all the services involved in supporting the victims.

In it charter, an updated version of which is available on its website, the Garda states that it is committed to addressing the needs and concerns of the victims of crime in an empathetic, understanding and problem-solving manner. This is an important statement when one considers that gardaí are present when a crime is reported, as it is investigated, when an alleged perpetrator is apprehended, as the case proceeds through the courts system, or through the youth diversion systems, and sometimes when an offender is released from prison.

The Garda Síochána undertakes to respond promptly to victims of crime who report an offence and provide them with the name, telephone number and station of the investigating garda. They will outline the investigative processes to the victim and will inform him or her of the support and assistance available in the non-governmental arena, such as the victims of crime helpline. The helpline provides the opportunity for people who are victims of crime to find emotional support on the phone, while it also provides information on the criminal justice system, on local face-to-face services and national specialist services.

As outlined in the Garda charter, Garda family liaison officers are appointed to keep victims, or victims' families in cases of homicide, informed of the progress of more serious investigations and to ensure that they are afforded appropriate and relevant emotional, psychological, informational and practical support. The local superintendent will appoint a Garda family liaison officer to families of victims, who have been or are being subjected to emotional or psychological trauma related to incidents of homicide, kidnappings, false imprisonment, hostage siege cases, crimes where violence or an immediate threat of violence has been visited upon the victim, suicide and road traffic fatalities. In cases of rape and other sexual offences a member of the investigating team, approved by the local superintendent, will perform the functions of the Garda family liaison officer.

The Garda Síochána commits in the victims' charter to making special arrangements for a number of other categories of victims, including victims of domestic violence, older people, people with any form of disability, people who are unable to communicate fluently in Irish or English, victims of crime who are gay, lesbian, bisexual or transgender, and victims of racist incidents.

Under the Garda Síochána charter, the Garda Síochána will also advise a victim where a suspect is being charged and keep them informed about the progress of the case, including whether the victim is to be called as a witness and the process involved.

The Minister for Justice, Equality and Law Reform established the victims of crime office as an executive office of his Department in September 2008. Its aim is to ensure that there are competent, caring and efficient services for victims of crime across the State's criminal justice agencies and in the voluntary sector. The office provides a secretariat for the commission for the support of victims of crime, the funding body for voluntary sector organisations supporting victims of crime. The director of the victims of crime office is a member of the commission. The victims of crime office has had a number of contacts at senior level with the Garda Síochána regarding its interaction with victims of crime. Both the office and the Garda recognise the importance of communicating with victims and keeping them informed about their cases. Good communication by the Garda with victims has the potential to increase community confidence in, and co-operation with, the force.

The Minister for Justice, Equality and Law Reform has asked the commission for the support of victims of crime to carry out a review of the victims charter with a view to updating it. A particular focus of the commission's engagement with the Garda Síochána has been on implementation of the charter and improving the flow of information to victims in particular. The revised charter is expected to be available later in the year. I hope that the Senator and the House will agree that the Minister has put in place mechanisms to encourage the Garda Síochána to improve the quantity and quality of information which it provides for victims.

Photo of Cecilia KeaveneyCecilia Keaveney (Fianna Fail)
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I thank the Minister for his comprehensive reply. Having encountered both the PSNI and the Garda in response to family crimes, I was almost harassed by the PSNI with the amount of information I received on what was going on. One is automatically referred to a victims' support group, whether one likes it, which is a negative thing. My contribution is about that and I am glad to hear that there is a review.

Information coming through the door on a much simpler basis would be very important. I have raised this in Donegal and the Garda action plan includes improved communication. All I ask is that the Department takes on board the new suggestion. If its officials want a copy, I have no problem in giving it to them.