Tommy Broughan (Dublin Bay North, Independent)
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283. To ask the Tánaiste and Minister for Justice and Equality if he has made further inquiries regarding the recent disturbing lacunae discovered in the recent Garda internal review into the diversion programme referrals whereby almost 8,000 offences were not further investigated in the period 2010 to 2017; and if he will make a statement on the matter. [5429/19]

David Stanton (Cork East, Fine Gael)
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I share the Deputy’s concerns about the very serious issues outlined in the Garda Commissioner’s Interim Report on youth crime cases from 2010 – 2017. In that period almost 160,000 youth crime incidents were referred for consideration under the Garda Diversion Programme. Roughly one third of these incidents were deemed unsuitable for inclusion in the juvenile diversion system, and it has emerged that almost 8,000 of these crimes were not properly pursued. This is a completely unacceptable situation that must be thoroughly addressed in the interest of victims and the proper administration of Justice, and for the future welfare of the children who committed the crimes.

In addition to the apology which was issued by the Garda Commissioner, the Gardaí have commenced a process to contact victims and have also provided a Helpline for anyone who might be affected by the failure to process these cases. Details of the Helpline are available on the Garda website. I am anxious that all relevant information must be made available to the victims, including the steps being taken to deal with the failures that have occurred.

A number of fundamental issues have been identified by the Garda examination, including inadequate ICT and supervision, a lack of training, and alleged failings by individual Gardaí.

Concerns about similar gaps have surfaced previously on different issues and, as the Deputy is aware, last month the Government published the Implementation Plan which will give effect to the report of the Commission on the Future of Policing in Ireland. This plan is aimed at addressing - in a systematic way - all of the failings identified.

The Government is committed to the implementation of the Commission’s report and a programme office has been established in the Department of An Taoiseach to oversee and report on progress.

In addition, the Policing Authority will continue to follow up with an on-going examination of these specific youth justice-related matters to ensure the effectiveness of the remedial actions which the Commissioner has set in train.

As I have mentioned, the issue related to Garda oversight of cases deemed too serious for diversion, and not to the Garda Diversion Programme or to the community-based Garda Youth Diversion Projects which support the Diversion Programme. I am assured that no negative implications have been identified for these projects arising from this issue.

I can assure the Deputy that the Department will keep in very close touch with the Commissioner, and the Policing Authority, to monitor progress.

In relation to the individual cases, the majority took place in the period from 2010-2015. Therefore, unfortunately, most of them will be statute-barred. However, senior Garda managers are looking at the more recent individual cases to determine whether any further action can be taken.

The Commissioner has been very clear that alleged failings by individual Gardaí will be fully investigated at Divisional level. The Deputy will appreciate that this is a matter for the Commissioner and his management team and any process of that kind has to be allowed to take its course and should not be pre-judged.

Tommy Broughan (Dublin Bay North, Independent)
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284. To ask the Tánaiste and Minister for Justice and Equality if he has requested from An Garda Síochána a further report on the findings of the recent Garda internal review into diversion programme referrals as to whether similar gaps exist for the investigation and prosecution of crimes by adult offenders since 2010; and if he will make a statement on the matter. [5430/19]

Charles Flanagan (Laois, Fine Gael)
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As I have stated previously, there are very serious issues to be addressed arising from the Garda Commissioner’s Interim Report on the handling of youth crime cases.

They will be addressed through implementation of the recommendations contained in the Report of the Commission on the Future of Policing in Ireland. I want to emphasise the Government’s commitment to implementing that report, which provides a strategic framework to address the full range of systemic, organisational and cultural deficits within An Garda Síochána.

A High Level Implementation Plan was published in December, which was endorsed by every Minister and Government Department. This is an ambitious but realistic plan and the timescale is in line with the Commission’s own recommendations. It is being overseen by an independently chaired Programme Office located in the Department of the Taoiseach, in recognition of the multiplicity of agencies and Departments charged with implementing it.

One point I want to emphasise again is that this issue should not cast any shadow on the value of the Garda Youth Diversion Programme itself. These issues relate to cases that were deemed unsuitable for the Garda Youth Diversion Programme. Therefore, no negative implications have been identified for the Diversion programme itself, which is very beneficial and has helped generations of young people take a path away from criminal activity. Neither is it regarded as having implications for the community projects funded by my Department to support the diversion programme. We need to distinguish between the failings in relation to youth crime case management and the very valuable work of the Diversion programme.

I am of course aware that members of the Policing Authority asked if similar issues could arise in relation to prosecutions and case management for adult crime cases. The Commissioner has acknowledged that it would be necessary to examine that question further. Needless to say, I am concerned that we have assurance about the quality of Garda prosecution procedures and systems in relation to all crimes, not just youth crime.

The Policing Authority has indicated that it will assess whether there are any wider implications for Garda crime management and prosecution procedures which need to be addressed. The Authority is responsible for independent oversight of policing and is clearly the appropriate body to examine these matters in the first instance.

My Department has already been in touch with the Authority and will maintain close contact to monitor developments to make sure we get a clearer overall picture of crime case management and prosecution.