Kathleen Lynch (Cork North Central, Labour)
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Question 172: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the concerns expressed by the Dublin Rape Crisis Centre regarding the low level of conviction for sexual offences and the statistics they quoted suggesting that of the 95 cases the centre had reported to the Gardaí only five had resulted in trials; the steps he will take to address this situation; and if he will make a statement on the matter. [30635/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Government places a high priority on putting in place measures aimed at tackling crimes of rape, sexual assault and other crimes of a sexual nature.

The provisional headline crime statistics for the second quarter of 2006 show sexual offences generally decreased by 28% for the quarter compared to the second quarter of 2005 and 10% for the twelve months up to 30 June compared to the same period for 2005.

All sexual offence cases are the subject of rigorous investigation by the Gardaí. All available resources are employed in respect of all sex offence cases to bring these investigations to a successful conclusion. Investigation files are forwarded to the Law Officers for a decision as to what charges are to be preferred. An Garda Síochána actively encourages people who are the victims of any crime to report the offence to the Gardaí. In addition, a number of established initiatives underpin this policy, such as the Garda confidential telephone number, Crimestoppers and Crimecall.

I am concerned that there is a high attrition rate in rape cases in Ireland and that a large number of cases reported to the Gardaí do not reach prosecution stage for a variety of reasons. My Department has approved joint funding for comprehensive research into attrition rates in rape cases. The research, which is entitled "the Understanding of Attrition, Early Withdrawal, the Trial Process and Identifying Possible Changes to Support Complainants in Rape Cases", is being carried out by the Department of Law at the National University of Ireland, Galway and the Rape Crisis Network Ireland, over three years and is expected to be completed in 2007/2008. This research should provide a greater understanding as to why some victims choose not to report cases to the Gardaí, what can be done about under reporting and why, of the cases that are reported, only a relatively small percentage result in a court hearing.

There are indications that the situation with regard to the listing of cases for trial in the Central Criminal Court has improved. In 2002, the waiting time between return for trial and trial was 18 months. By comparison, cases listed in March, 2006 were scheduled for trial to start on dates in October and November, 2006, that is in 7-8 months. These improvements can be attributed to the decision of the President of the High Court to assign four judges to the Central Criminal Court on an ongoing basis and to the very active management of the court list. Already the Ombudsman Commission and the Garda Síochána Inspectorate have been appointed — the composition of both these bodies is indicative of the level of importance which the Government attaches to them. Staff from my Department have been assigned to each and are currently engaged in putting the necessary infrastructure in place. I understand that the Commission is working towards being in a position to receive complaints as soon as possible in 2007.

New Promotion Regulations came into effect on 22 September. Those regulations will bring about significant modernisation of the system for promotion within the Garda Síochána. They formalise the requirement for promotion to be based on merit and for all competitions to be held in a manner which is:

(a) fair, impartial and objective,

(b) in line with best practice,

(c) consistent throughout, and

(d) open, accountable and transparent.

These principles, combined with the introduction of additional external expertise in selecting candidates for promotion within the Garda Síochána, will result in a system which reflects current best practice.

In the wake of the recent reports, and with the agreement of the Commissioner, I have appointed a four person civilian expert group, chaired by Senator Maurice Hayes, to advise him on the development of management and leadership skills for senior officers, the promotion of a culture of performance management and accountability, the development of human resource management and succession planning and the development of specialist skills and enhanced training for members and staff of An Garda Síochána.

Of particular relevance in the context of the latest reports of the Tribunal are the new draft discipline regulations which have been drawn up. These are based on well-established principles in the private and public sector and are significantly more streamlined than the system which is currently in existence. The next step is for them to undergo consideration by the Garda representative bodies. Also, arising from the most recent reports, on my instructions regulations for a Whistleblower's charter within An Garda Síochána have been drawn up and are being finalised in consultation with the Commissioner, the Ombudsman Commission and Garda Inspectorate, as provided for in Garda Síochána Act 2005.

Change in our national policing service is being pursued in a vigorous but sensible manner — I am conscious of the fundamental importance of getting it right. I intend to do so.