Written answers
Tuesday, 2 July 2024
Department of Justice and Equality
Departmental Policies
Cathal Crowe (Clare, Fianna Fail)
Link to this: Individually | In context | Oireachtas source
301. To ask the Tánaiste and Minister for Justice and Equality the main policy achievements of her Department since 27 June 2020; and if she will make a statement on the matter. [27966/24]
Helen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source
I am pleased to inform the Deputy that in the coming weeks my Department will publish its Statement of Strategy 2024-2026, which builds upon the significant progress achieved over the past four years. I am proud of these achievements which include such a broad range of policy and legislative reforms. I am dedicated to our shared mission of a safe, fair and inclusive Ireland.
This strategy will be delivered through our annual Justice Plans. Justice Plan 2024 builds on the work described in Justice Plans 2023, 2022, and 2021 and outlines a wide range of actions under the Department's five strategic goals, which are:
- Maintaining a safe and secure Ireland
- Improving access to justice for all
- Delivering a fair immigration system
- Strengthening our influence in Europe
- Investing in people to deliver excellence
Under Justice Plan 2024, I am progressing a suite of policy and legislative reforms which are priorities for me as Minister, in line with the commitments set out in the Programme for Government. Some of the priority achievements of the Department since the formation of the Government are set out as follows.
Unprecedented increased investment in support of An Garda Síochána
I have increased investment into An Garda Síochána to the highest ever level with a budget allocation of €2.31 billion under Budget 2024. This has allowed for sustained, ongoing investment into Garda recruitment after the forced closure of the Garda College during Covid-19.
Budget 2024 provided for funding for:
- Ongoing Garda recruitment
- A 25% increase in the overtime budget
- €6m provided for Garda well-being initiatives, additional medical costs and over 2,500 units of body armour
- A new national centre of excellence in Dublin for the Garda Dog Unit, with the planned expansion to all Garda regions on a phased basis involving 50 handlers with access to 100 dogs of different capabilities
To support recruitment I have:
- Increased the Garda training allowance by 66% (to €305 per week).
- Increased the age of entry into the Gardaí from 35 to 50 years of age.
- Introduced legislation to increase the retirement age from 60 to 62
- Provided €6m for Garda well-being initiatives, additional medical costs and over 2,500 units of body armour.
This investment has enabled:
- Over 13,000 mobility devices- allowing front-line Gardaí to conduct policing tasks in real time
- Over 3,400 Garda vehicles – the largest fleet of vehicles in the organisation’s history and a 31% increase since 2015
- Increased welfare and mental health supports
- Major investment in new and refurbished stations
- The rollout of a proof-of-concept project for Body Worn Cameras (BWC) in Dublin City, with Limerick and Waterford to follow later in the year, ahead of the national rollout of BWCs
- And a new, more practical operational uniform.
Additionally I have increased the stipend that Reserve Gardaí can claim to up to €3,000 for 200 hours of service volunteered per year.
Domestic, Sexual and Gender Based Violence
I published the Government’s Zero Tolerance plan to tackle domestic, sexual and gender based violence (DSGBV) in June 2022. This is an ambitious, five year plan and its publication was accompanied by a detailed implementation plan covering the first 18 months and annual plans thereafter. This will ensure the strategy is a living document and emerging issues can be incorporated. The 2024 implementation plan contains actions for a wide range of Government Departments as well as various state bodies.
There is a huge body of work underway. Key achievements include:
- An additional €12m in funding secured in Budget 2024 to combat DSGBV.
- The establishment of Cuan, the new statutory DSGBV Agency, which will be key to delivering on the ambition of the strategy, including in relation to prevention, education and awareness raising, training for all who come into contact with vulnerable victims (including the legal professions) and ensuring the right supports are there to protect and support victims of these hideous crimes.
- The requirement that the new Judicial Appointments Commission must consider what training or continuous professional development all candidates for judicial office have undertaken in making recommendations to Government regarding their appointment to judicial office.
Enacted the Criminal Justice (Miscellaneous Provisions) Bill 2023 which contains measures targeting violent and organised crime, violence against Gardaí and also has a particular focus on domestic, sexual and gender-based violence:
- increasing the maximum penalty for assault causing harm – one of the most commonly prosecuted violent offences – from 5 years to 10 years
- introducing a new stand-alone offence of non-fatal strangulation, which can be a precursor to murder in domestic abuse situations. These changes will give judges a wider range of sentencing options to consider when addressing the more serious of assault causing harm and domestic abuse cases
- introducing a stand-alone offence of stalking and strengthening the law around harassment. While any person can be a victim of stalking or harassment, they are again common behaviours in domestic abuse situations. It introduces a new stalking offence defined in terms of causing either a fear of violence, or serious alarm and distress that has a substantial impact on a person’s day-to-day activities
- the Bill also provides for the making of civil orders restraining stalking conduct. These orders form an important first step in addressing stalking behaviour as they do not require the level of proof associated with the criminal offences. Not only are they easier to get than a criminal conviction, they provide a means for victims who don’t want to criminalise the stalker, and encourages engagement with Gardaí at an early stage
- it will also ensure the protection of the identity of alleged victims of harassment and stalking in court proceedings. The background to this provision is that offences like harassment and stalking already impinge on a person’s privacy and personal life. Preventing public identification of victims online or in the media (unless they choose to waive their right to anonymity) is to prevent putting victims at further risk of invasion of their privacy, re-traumatisation or causing them further harm
- the Bill will extend the restriction on alleged perpetrators carrying out their own cross-examinations of victims to a wider range of offences than at present (sexual offences), including those including violence, coercive control, stalking and harassment
The Sex Offenders (Amendment) Act 2023 was enacted and commenced in 2023 and provides for stronger supervision of sex offenders post release.
Other key elements include:
- The doubling of the overall number of refuge units over the lifetime of the Strategy. To achieve this we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year. Development of up to 36 refuge units is underway in Wexford, Dundalk and Navan. There will be 98 refuge units in priority locations delivered by end 2025 along with a further 19 additional and upgraded units by the end of the strategy.
- The Sexual Violence Survey 2022 was published by the CSO providing high quality national prevalence data on sexual violence.
- Awareness campaigns on intimate image abuse, victims of crime and consent have been rolled out. Many of the actions in the Strategy are focused enhanced support for victims. The provision of legal aid and legal advice, trauma-informed training, and national awareness campaigns are all provided for.
- I am working to bring the Family Courts Bill 2022 through these Houses. This Bill will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system. It is my aim that the Bill will be enacted as soon as possible.
Anti-Social Behaviour
I am determined to tackle anti-social behaviour and its causes so to assist people to be safe and feels safe. Significant actions which my Department has already been taken include:
- setting up an expert forum on anti-social behaviour;
- Increasing penalties for knife crime and strengthening the use of anti-social behaviour orders (ASBOs)
- The deployment of body-worn cameras for Gardaí in Dublin City Centre, Waterford, and Limerick in 2024, with nationwide roll-out to follow
- The introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area.
- Continued expansion of youth justice and youth diversion measures
- New laws to criminalise the grooming of children into a life of crime.
- Introducing Facial Recognition Technology to help investigate and prosecute cases of serious crime
- Providing the funding necessary to strengthen the equipment available to An Garda Síochána for public order policing, including the deployment of tasers and stronger incapacitant spray.
- Proposing solutions to public order and anti-social “wicked problems” through the Local Leadership Programme which brings together local stakeholders in a structured manner.
Prisons and penal reform
- Progressing plans to deliver 1,100 additional prison spaces by 2030.
- The final report and recommendations of the High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector were published by myself and the Minister for Health in September 2022. The first annual progress report on the implementation of its recommendations, which shows concerted work across the Department of Justice and the Department of Health, as well as with multiple agencies, was published earlier this year. Implementing the recommendations contained in the Review of Policy options for Prison and Penal Reform 2022-2024 to ensure appropriate and proportionate use of imprisonment and community sanctions in a manner which best facilitates rehabilitation and reintegration.
- Together with Minister Donnelly I published the Health Needs Assessment for the Irish Prison Service in May 2023 - this is the first comprehensive health assessment undertaken for the Irish Prison Service and sets out 60 recommendations for the optimal development of healthcare services in the Prison Service. It is primarily focused on strengthening delivery of IPS Healthcare services across a range of areas and on improving governance in IPS healthcare services.
- Prison Education Taskforce – established in May 2023 and co-Chaired by my Department and the Department of Further and Higher Education, Research, Innovation and Science. The aim of the taskforce is to ensure that education and training opportunities are available to prisoners, supporting their rehabilitation and access to employment post-release.
- Publication of a policy paper ‘Promoting and supporting the provision of Restorative Justice at all stages of the criminal justice system’, delivering a key Programme for Government commitment to work with all criminal justice agencies to build capacity to deliver Restorative Justice safely and effectively.
- Implementation of the Working to Change: Social Enterprise and Employment Strategy 2021-2023 and the development of a follow on criminal justice employment strategy to address systemic barriers to employment faced by those with previous criminal convictions and to support reintegration and desistance from offending.
- Established a Prison Overcrowding Response Group to identify viable options to address management of the increasing prison population.
I have introduced and am committed to enacting significant legislation. Since my appointment the following important reforms have been implemented:
- Enacted the Harassment, Harmful Communications and Related Offences Act or “Coco’s Law” to criminalise the distribution of, and threat to distribute, intimate images without consent.
- Enacted the Courts and Civil Law (Miscellaneous Provisions) Act 2023 to rebalance the duty of care and increase personal responsibility for trips and falls, in order to lower insurance premiums.
- Enacted the Criminal Justice (Perjury and Related Offences) Act to establish a statutory criminal offence for perjury as part of our plan to lower insurance premiums.
- Signed an order to bring into the new personal injuries guidelines under the Judicial Council Act.
- Enacted a law to remove reporting restrictions which prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed.
- Enacted measures to introduce pre-trial hearing to ensure that victims are less likely to face stressful unexpected delays and adjournments to trial start dates.
- Enacted a new law on Garda operating model to provide more front-line Gardaí, increased visibility, and a wider range of policing services for people in their local area.
- Enacted new regulations to provide for legal aid to the families of the 48 victims and new legislation for a revised jury selection process for the Dublin Coroner, in relation to the inquests into the Stardust fire tragedy. The Stardust Fire Inquests concluded on Thursday 18 April at the Dublin District Coroner’s Court (sitting at the Pillar Room). The jury returned a majority verdict of “unlawful killing” for each of the 48 deaths.
- On 20 October 2023, I launched a wide-ranging public consultation exercise to inform the development of proposals for comprehensive reform of the Coroner Service in Ireland, which closed on 19 January 2024. Departmental officials are currently analysing the information gathered during the consultation process with a view to publishing a report on the main themes coming through from the Consultation in the third quarter of 2024 and putting forward proposals for the reform of the service thereafter.
- Enacted and commenced the Communications (Retention of Data) (Amendment) Act 2022 which will facilitate necessary access to certain communications data to protect national security and tackle serious crime.
- Enacted and commenced the Garda Síochána (Amendment) Act 2022, the legislation has clarified the legal basis of the court presenter system and avoided a potential backlog of cases in District Courts across the State.
- Amended the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) with the (Amendment) Regulations 2023, to provide for the participation in and attendance of authorised officers of the Competition and Consumer Protection Commission (CCPC) at Garda interviews.
- Enacted the Garda Síochána (Compensation) Act 2022 to replace the existing Garda compensation scheme with a new statutory scheme that will reduce the waiting times and costs associated with claims for malicious injury to Gardaí or their family members.
- Enacted the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 on the mutual recognition of custodial sentences, which provides for the transfer of sentenced persons between EU member states. The Act also amends and updates the existing legislation underpinning transfers for non-EU states, including the United Kingdom.
- Enacted the Smuggling of Persons Act on 15 December 2021 to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states.
- Enacted the Recording Devices Act to provide for body worn cameras to protect Garda members, Automatic Number Plate Recognition to detect crime and greater use of CCTV. Part of this Act has now been commenced including the parts dealing with body worn cameras and updates for CCTV in Garda Síochána premises.
- Published the General Scheme of the Recording Devices (Amendment) Bill which will provide for the retrospective searching of images which are legally in the possession of An Garda Síochána through biometric identification (which includes facial recognition technology).
- Signed orders under the Criminal Evidence Act 1992 to extend the coverage of provisions for evidence given by video link so that it is admissible nationwide and to ensure that video recorded evidence given by children is admissible in any court throughout the State.
- Enacted the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024, which makes it an offence for an adult to involve a child in any type of crime.
- Enacted the Court Proceedings (Delays) Act on 1 May 2024, which provides for the establishment of an independent assessment process, under the aegis of the Department of Justice, to assess claims for breach of the right to the conclusion of proceedings within a reasonable time and where appropriate, an award of compensation. Implementation is expected in 2025.
- Enacted and commenced the European Arrest Warrant (Amendment) Act which provides important updates to the crucial European Arrest Warrant system to ensure the continued efficient return of criminals to and from the State.
- Enacted the Policing, Security and Community Safety Act 2024 on 7 February 2024 which will, when commenced, repeal and replace the Garda Síochána Act 2005. The four main objectives of the Act are to make community safety an all of government responsibility; to strengthen independent external oversight of An Garda Síochána; to strengthen internal governance of An Garda Síochána; and to improve the oversight of National Security.
- Published the General Scheme of the Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024, which will allow law enforcement authorities like An Garda Síochána to request the preservation and production of data being held on IT systems controlled by internet service providers in order to investigate and tackle crime.
- Published the General Scheme of the Proceeds of Crime (Amendment) Bill 2024 which will strengthen the State’s ability to target the proceeds of crime. This will be achieved through refinements to the proceeds of crime regime informed by legal and operational developments.
Other key initiatives include:
- Domestic violence refuge accommodation was brought under the Minister for Justice for the first time. Under the supervision of Cuan, the Government’s target is to double the number of refuge spaces in the lifetime of the Third National Strategy.
- A once in a generation scheme to regularise the status of long term undocumented migrant was successfully introduced.
- The development of a new Immigration Services Website that is customer orientated with information available in video format and in various languages.
- The report on the International Protection Modernisation Programme for 2023 and 2024 was published. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants seeking international protection.
- Reforms to the international protection process will continue in 2024. Approximately €34m additional funding was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.
- The International Protection Office has doubled the number of staff and trebled the number of decisions issued. This increase in processing capacity is aimed at ensuring that those in need of protection receive that status without undue delay, while those that do not qualify are advised of this in good time.
- Introduced a new accelerated decision process for applicants from recognised ‘safe countries of origin’ in November 2022. Since its introduction most applicants from safe countries of origin have received a first instance decision in less than 3 months, which is a significant reduction from a norm of 17 to 24 months in previous years. All applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin.
- Since the introduction of accelerated processing in November 2022, applications from eight designated safe countries have dropped by 68%. Two additional countries were added to the to the safe country list earlier this year (Algeria and Botswana) and they have seen drops of 74% and 66% respectively. A further seven countries are under review and it is expected a decision on their possible inclusion will be made shortly.
- Extended accelerated processing to whatever country has the highest number of applicants. This will be reviewed on a quarterly basis. This is currently Nigeria, which has seen a 47% drop in applications since the commencement of the Accelerated Process in April 2024
- On 26 June the Dáil approved the motion to opt into the EU Pact on Asylum and Migration. I will now start to prepare the General Scheme of new legislation to replace the International Protection Act 2015 and an implementation plan will be launched.
- On 17 June 2024 I launched procurement process for charter flight services for the purpose of deporting and returning individuals who no longer have permission to remain in the State. Charter flights provide an alternative to commercial flights and can be more appropriate in circumstances when a group of individuals are being removed to the same destination. A request for tender has been published on the e-Tenders website with a view to procuring a suitable provider of charter flight services and relevant supporting services such as ground support, catering and, when required medical assistance, for passengers. It is expected that to have this service in place by the end of the year.
- Earlier this month, I updated the Government of my intention to reform the carrier liability provisions of the Immigration Act 2003 and I received Government approval to introduced these reforms as part of wide-ranging Miscellaneous Provisions Bill, which is planned for enactment by the Summer recess. I am proposing to increase the fines on carriers from the current maximum of €3,000 to €5,000 if they do not comply with their obligations to ensure passengers have appropriate travel documentation.
- I have assigned additional resources in Dublin Airport to carry out ‘doorstop’ operation on flights that pose risks of irregular migration. Over 3000 ‘doorstop’ operations were carried out to date this year.
- I established the Judicial Planning Working Group in 2021 to consider the number and type of judges required to ensure the efficient administration of Justice over the next five years in the first instance, but also with a view to the medium to long term. The Report of the Judicial Planning Working Group was published in February 2023, which recommended a substantial increase in judicial numbers, with 44 additional judges to be appointed in two phases. A first tranche of 24 additional judges, were appointed in 2023, with a further 20 planned following an assessment of impact of the first tranche of judges.
- The Irish Citizenship and Nationality Regulations 2023 were signed into law to allow for applications for naturalisation to be made online for the first time in Ireland.
- The reckonable residence requirement for naturalisation for children born in the State was reduced from 5 years to 3 years under the Courts and Civil Law (Miscellaneous Provisions) Act 2023, thus allowing children born here to obtain citizenship more quickly.
- Ireland opted-into the Regulation establishing a European Union Asylum Agency, and Ireland became a fully-fledged member of the Agency in August 2023.
- A Judicial Planning Implementation Steering Group was established in June 2023 to monitor the implementation of all of the Judicial Planning Working Group Report’s recommendations.
- A new Planning and Environment Division of the High Court has been established. This is in line with the commitment contained in the Programme for Government and the Housing for All strategy and its establishment has involved extensive engagement between my Department, the Courts Service and the Department of Housing, Local Government and Heritage as well as consultation across other Departments.
- Following the approval of additional judicial resources by Government arising from the recommendations of the Judicial Planning Working Group earlier in 2023, the new High Court Division has now three judges assigned to planning matters and proceedings relate to the wide suite of national and European law that applies in respect of planning and the environment. Urgent cases such as proceedings which concern large-scale projects of strategic importance, or matters of significant environmental impact, are to be given priority.
- The continued progression of the Gambling Regulation Bill through the Houses. The Bill is currently undergoing preparation for Committee Stage in the Seanad and is expected to be enacted this year. The legislation provides for a robust regulatory and licensing regime to regulate gambling both in person and online, to streamline the licensing framework and to provide for the establishment of the Gambling Regulatory Authority of Ireland.
- The ongoing work of the Civil Legal Aid Review Group, which is reviewing the current operation of the Civil Legal Aid Scheme, including how flexible and responsive the Scheme is to the needs of those it is intended to serve. While the work of the Group is ongoing, it has completed a series of consultation processes to inform its detailed deliberations.
- 2023 has seen the first full year of implementation of the Family Justice Strategy. Notable achievements under the Strategy include the completion of the Policy Review on Parental Alienation and the development of a new family law information hub by the Courts Service.
- The report of a major review of the Defamation Act 2009, which was carried out by my Department, was published in March 2022. The General Scheme of the Defamation (Amendment) Bill, which takes into account the report of the review, was published in March 2023 and I expect to publish this Bill in this session.
I am pleased to inform the Deputy that in the coming weeks my Department will publish its Statement of Strategy 2024-2026, which builds upon the significant progress achieved over the past four years. I am proud of these achievements which include such a broad range of policy and legislative reforms. I am dedicated to our shared mission of a safe, fair and inclusive Ireland.
This strategy will be delivered through our annual Justice Plans. Justice Plan 2024 builds on the work described in Justice Plans 2023, 2022, and 2021 and outlines a wide range of actions under the Department's five strategic goals, which are:
- Maintaining a safe and secure Ireland
- Improving access to justice for all
- Delivering a fair immigration system
- Strengthening our influence in Europe
- Investing in people to deliver excellence
Under Justice Plan 2024, I am progressing a suite of policy and legislative reforms which are priorities for me as Minister, in line with the commitments set out in the Programme for Government. Some of the priority achievements of the Department since the formation of the Government are set out as follows.
Unprecedented increased investment in support of An Garda Síochána
I have increased investment into An Garda Síochána to the highest ever level with a budget allocation of €2.31 billion under Budget 2024. This has allowed for sustained, ongoing investment into Garda recruitment after the forced closure of the Garda College during Covid-19.
Budget 2024 provided for funding for:
- Ongoing Garda recruitment
- A 25% increase in the overtime budget
- €6m provided for Garda well-being initiatives, additional medical costs and over 2,500 units of body armour
- A new national centre of excellence in Dublin for the Garda Dog Unit, with the planned expansion to all Garda regions on a phased basis involving 50 handlers with access to 100 dogs of different capabilities
To support recruitment I have:
- Increased the Garda training allowance by 66% (to €305 per week).
- Increased the age of entry into the Gardaí from 35 to 50 years of age.
- Introduced legislation to increase the retirement age from 60 to 62
- Provided €6m for Garda well-being initiatives, additional medical costs and over 2,500 units of body armour.
This investment has enabled:
- Over 13,000 mobility devices- allowing front-line Gardaí to conduct policing tasks in real time
- Over 3,400 Garda vehicles – the largest fleet of vehicles in the organisation’s history and a 31% increase since 2015
- Increased welfare and mental health supports
- Major investment in new and refurbished stations
- The rollout of a proof-of-concept project for Body Worn Cameras (BWC) in Dublin City, with Limerick and Waterford to follow later in the year, ahead of the national rollout of BWCs
- And a new, more practical operational uniform.
Additionally I have increased the stipend that Reserve Gardaí can claim to up to €3,000 for 200 hours of service volunteered per year.
Domestic, Sexual and Gender Based Violence
I published the Government’s Zero Tolerance plan to tackle domestic, sexual and gender based violence (DSGBV) in June 2022. This is an ambitious, five year plan and its publication was accompanied by a detailed implementation plan covering the first 18 months and annual plans thereafter. This will ensure the strategy is a living document and emerging issues can be incorporated. The 2024 implementation plan contains actions for a wide range of Government Departments as well as various state bodies.
There is a huge body of work underway. Key achievements include:
- An additional €12m in funding secured in Budget 2024 to combat DSGBV.
- The establishment of Cuan, the new statutory DSGBV Agency, which will be key to delivering on the ambition of the strategy, including in relation to prevention, education and awareness raising, training for all who come into contact with vulnerable victims (including the legal professions) and ensuring the right supports are there to protect and support victims of these hideous crimes.
- The requirement that the new Judicial Appointments Commission must consider what training or continuous professional development all candidates for judicial office have undertaken in making recommendations to Government regarding their appointment to judicial office.
Enacted the Criminal Justice (Miscellaneous Provisions) Bill 2023 which contains measures targeting violent and organised crime, violence against Gardaí and also has a particular focus on domestic, sexual and gender-based violence:
- increasing the maximum penalty for assault causing harm – one of the most commonly prosecuted violent offences – from 5 years to 10 years
- introducing a new stand-alone offence of non-fatal strangulation, which can be a precursor to murder in domestic abuse situations. These changes will give judges a wider range of sentencing options to consider when addressing the more serious of assault causing harm and domestic abuse cases
- introducing a stand-alone offence of stalking and strengthening the law around harassment. While any person can be a victim of stalking or harassment, they are again common behaviours in domestic abuse situations. It introduces a new stalking offence defined in terms of causing either a fear of violence, or serious alarm and distress that has a substantial impact on a person’s day-to-day activities
- the Bill also provides for the making of civil orders restraining stalking conduct. These orders form an important first step in addressing stalking behaviour as they do not require the level of proof associated with the criminal offences. Not only are they easier to get than a criminal conviction, they provide a means for victims who don’t want to criminalise the stalker, and encourages engagement with Gardaí at an early stage
- it will also ensure the protection of the identity of alleged victims of harassment and stalking in court proceedings. The background to this provision is that offences like harassment and stalking already impinge on a person’s privacy and personal life. Preventing public identification of victims online or in the media (unless they choose to waive their right to anonymity) is to prevent putting victims at further risk of invasion of their privacy, re-traumatisation or causing them further harm
- the Bill will extend the restriction on alleged perpetrators carrying out their own cross-examinations of victims to a wider range of offences than at present (sexual offences), including those including violence, coercive control, stalking and harassment
The Sex Offenders (Amendment) Act 2023 was enacted and commenced in 2023 and provides for stronger supervision of sex offenders post release.
Other key elements include:
- The doubling of the overall number of refuge units over the lifetime of the Strategy. To achieve this we are working with all stakeholders to put in place the necessary structures and supports to accelerate the delivery of additional refuge accommodation year on year. Development of up to 36 refuge units is underway in Wexford, Dundalk and Navan. There will be 98 refuge units in priority locations delivered by end 2025 along with a further 19 additional and upgraded units by the end of the strategy.
- The Sexual Violence Survey 2022 was published by the CSO providing high quality national prevalence data on sexual violence.
- Awareness campaigns on intimate image abuse, victims of crime and consent have been rolled out. Many of the actions in the Strategy are focused enhanced support for victims. The provision of legal aid and legal advice, trauma-informed training, and national awareness campaigns are all provided for.
- I am working to bring the Family Courts Bill 2022 through these Houses. This Bill will establish new dedicated Family Courts within the existing court structures and put families at the centre of the family justice system. It is my aim that the Bill will be enacted as soon as possible.
Anti-Social Behaviour
I am determined to tackle anti-social behaviour and its causes so to assist people to be safe and feels safe. Significant actions which my Department has already been taken include:
- setting up an expert forum on anti-social behaviour;
- Increasing penalties for knife crime and strengthening the use of anti-social behaviour orders (ASBOs)
- The deployment of body-worn cameras for Gardaí in Dublin City Centre, Waterford, and Limerick in 2024, with nationwide roll-out to follow
- The introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area.
- Continued expansion of youth justice and youth diversion measures
- New laws to criminalise the grooming of children into a life of crime.
- Introducing Facial Recognition Technology to help investigate and prosecute cases of serious crime
- Providing the funding necessary to strengthen the equipment available to An Garda Síochána for public order policing, including the deployment of tasers and stronger incapacitant spray.
- Proposing solutions to public order and anti-social “wicked problems” through the Local Leadership Programme which brings together local stakeholders in a structured manner.
Prisons and penal reform
- Progressing plans to deliver 1,100 additional prison spaces by 2030.
- The final report and recommendations of the High Level Task Force to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector were published by myself and the Minister for Health in September 2022. The first annual progress report on the implementation of its recommendations, which shows concerted work across the Department of Justice and the Department of Health, as well as with multiple agencies, was published earlier this year. Implementing the recommendations contained in the Review of Policy options for Prison and Penal Reform 2022-2024 to ensure appropriate and proportionate use of imprisonment and community sanctions in a manner which best facilitates rehabilitation and reintegration.
- Together with Minister Donnelly I published the Health Needs Assessment for the Irish Prison Service in May 2023 - this is the first comprehensive health assessment undertaken for the Irish Prison Service and sets out 60 recommendations for the optimal development of healthcare services in the Prison Service. It is primarily focused on strengthening delivery of IPS Healthcare services across a range of areas and on improving governance in IPS healthcare services.
- Prison Education Taskforce – established in May 2023 and co-Chaired by my Department and the Department of Further and Higher Education, Research, Innovation and Science. The aim of the taskforce is to ensure that education and training opportunities are available to prisoners, supporting their rehabilitation and access to employment post-release.
- Publication of a policy paper ‘Promoting and supporting the provision of Restorative Justice at all stages of the criminal justice system’, delivering a key Programme for Government commitment to work with all criminal justice agencies to build capacity to deliver Restorative Justice safely and effectively.
- Implementation of the Working to Change: Social Enterprise and Employment Strategy 2021-2023 and the development of a follow on criminal justice employment strategy to address systemic barriers to employment faced by those with previous criminal convictions and to support reintegration and desistance from offending.
- Established a Prison Overcrowding Response Group to identify viable options to address management of the increasing prison population.
I have introduced and am committed to enacting significant legislation. Since my appointment the following important reforms have been implemented:
- Enacted the Harassment, Harmful Communications and Related Offences Act or “Coco’s Law” to criminalise the distribution of, and threat to distribute, intimate images without consent.
- Enacted the Courts and Civil Law (Miscellaneous Provisions) Act 2023 to rebalance the duty of care and increase personal responsibility for trips and falls, in order to lower insurance premiums.
- Enacted the Criminal Justice (Perjury and Related Offences) Act to establish a statutory criminal offence for perjury as part of our plan to lower insurance premiums.
- Signed an order to bring into the new personal injuries guidelines under the Judicial Council Act.
- Enacted a law to remove reporting restrictions which prevented parents from speaking publicly about their deceased child in cases where the child was unlawfully killed.
- Enacted measures to introduce pre-trial hearing to ensure that victims are less likely to face stressful unexpected delays and adjournments to trial start dates.
- Enacted a new law on Garda operating model to provide more front-line Gardaí, increased visibility, and a wider range of policing services for people in their local area.
- Enacted new regulations to provide for legal aid to the families of the 48 victims and new legislation for a revised jury selection process for the Dublin Coroner, in relation to the inquests into the Stardust fire tragedy. The Stardust Fire Inquests concluded on Thursday 18 April at the Dublin District Coroner’s Court (sitting at the Pillar Room). The jury returned a majority verdict of “unlawful killing” for each of the 48 deaths.
- On 20 October 2023, I launched a wide-ranging public consultation exercise to inform the development of proposals for comprehensive reform of the Coroner Service in Ireland, which closed on 19 January 2024. Departmental officials are currently analysing the information gathered during the consultation process with a view to publishing a report on the main themes coming through from the Consultation in the third quarter of 2024 and putting forward proposals for the reform of the service thereafter.
- Enacted and commenced the Communications (Retention of Data) (Amendment) Act 2022 which will facilitate necessary access to certain communications data to protect national security and tackle serious crime.
- Enacted and commenced the Garda Síochána (Amendment) Act 2022, the legislation has clarified the legal basis of the court presenter system and avoided a potential backlog of cases in District Courts across the State.
- Amended the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) with the (Amendment) Regulations 2023, to provide for the participation in and attendance of authorised officers of the Competition and Consumer Protection Commission (CCPC) at Garda interviews.
- Enacted the Garda Síochána (Compensation) Act 2022 to replace the existing Garda compensation scheme with a new statutory scheme that will reduce the waiting times and costs associated with claims for malicious injury to Gardaí or their family members.
- Enacted the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 on the mutual recognition of custodial sentences, which provides for the transfer of sentenced persons between EU member states. The Act also amends and updates the existing legislation underpinning transfers for non-EU states, including the United Kingdom.
- Enacted the Smuggling of Persons Act on 15 December 2021 to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states.
- Enacted the Recording Devices Act to provide for body worn cameras to protect Garda members, Automatic Number Plate Recognition to detect crime and greater use of CCTV. Part of this Act has now been commenced including the parts dealing with body worn cameras and updates for CCTV in Garda Síochána premises.
- Published the General Scheme of the Recording Devices (Amendment) Bill which will provide for the retrospective searching of images which are legally in the possession of An Garda Síochána through biometric identification (which includes facial recognition technology).
- Signed orders under the Criminal Evidence Act 1992 to extend the coverage of provisions for evidence given by video link so that it is admissible nationwide and to ensure that video recorded evidence given by children is admissible in any court throughout the State.
- Enacted the Criminal Justice (Engagement of Children in Criminal Activity) Act 2024, which makes it an offence for an adult to involve a child in any type of crime.
- Enacted the Court Proceedings (Delays) Act on 1 May 2024, which provides for the establishment of an independent assessment process, under the aegis of the Department of Justice, to assess claims for breach of the right to the conclusion of proceedings within a reasonable time and where appropriate, an award of compensation. Implementation is expected in 2025.
- Enacted and commenced the European Arrest Warrant (Amendment) Act which provides important updates to the crucial European Arrest Warrant system to ensure the continued efficient return of criminals to and from the State.
- Enacted the Policing, Security and Community Safety Act 2024 on 7 February 2024 which will, when commenced, repeal and replace the Garda Síochána Act 2005. The four main objectives of the Act are to make community safety an all of government responsibility; to strengthen independent external oversight of An Garda Síochána; to strengthen internal governance of An Garda Síochána; and to improve the oversight of National Security.
- Published the General Scheme of the Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024, which will allow law enforcement authorities like An Garda Síochána to request the preservation and production of data being held on IT systems controlled by internet service providers in order to investigate and tackle crime.
- Published the General Scheme of the Proceeds of Crime (Amendment) Bill 2024 which will strengthen the State’s ability to target the proceeds of crime. This will be achieved through refinements to the proceeds of crime regime informed by legal and operational developments.
Other key initiatives include:
- Domestic violence refuge accommodation was brought under the Minister for Justice for the first time. Under the supervision of Cuan, the Government’s target is to double the number of refuge spaces in the lifetime of the Third National Strategy.
- A once in a generation scheme to regularise the status of long term undocumented migrant was successfully introduced.
- The development of a new Immigration Services Website that is customer orientated with information available in video format and in various languages.
- The report on the International Protection Modernisation Programme for 2023 and 2024 was published. This programme is implementing measures to improve efficiencies and throughput as well as improving the application, interview and decision-making process for applicants seeking international protection.
- Reforms to the international protection process will continue in 2024. Approximately €34m additional funding was allocated in budget 2024 to the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) to continue to scale up processing.
- The International Protection Office has doubled the number of staff and trebled the number of decisions issued. This increase in processing capacity is aimed at ensuring that those in need of protection receive that status without undue delay, while those that do not qualify are advised of this in good time.
- Introduced a new accelerated decision process for applicants from recognised ‘safe countries of origin’ in November 2022. Since its introduction most applicants from safe countries of origin have received a first instance decision in less than 3 months, which is a significant reduction from a norm of 17 to 24 months in previous years. All applications are examined fully and individually on their merits, including those from countries which are designated as safe countries of origin.
- Since the introduction of accelerated processing in November 2022, applications from eight designated safe countries have dropped by 68%. Two additional countries were added to the to the safe country list earlier this year (Algeria and Botswana) and they have seen drops of 74% and 66% respectively. A further seven countries are under review and it is expected a decision on their possible inclusion will be made shortly.
- Extended accelerated processing to whatever country has the highest number of applicants. This will be reviewed on a quarterly basis. This is currently Nigeria, which has seen a 47% drop in applications since the commencement of the Accelerated Process in April 2024
- On 26 June the Dáil approved the motion to opt into the EU Pact on Asylum and Migration. I will now start to prepare the General Scheme of new legislation to replace the International Protection Act 2015 and an implementation plan will be launched.
- On 17 June 2024 I launched procurement process for charter flight services for the purpose of deporting and returning individuals who no longer have permission to remain in the State. Charter flights provide an alternative to commercial flights and can be more appropriate in circumstances when a group of individuals are being removed to the same destination. A request for tender has been published on the e-Tenders website with a view to procuring a suitable provider of charter flight services and relevant supporting services such as ground support, catering and, when required medical assistance, for passengers. It is expected that to have this service in place by the end of the year.
- Earlier this month, I updated the Government of my intention to reform the carrier liability provisions of the Immigration Act 2003 and I received Government approval to introduced these reforms as part of wide-ranging Miscellaneous Provisions Bill, which is planned for enactment by the Summer recess. I am proposing to increase the fines on carriers from the current maximum of €3,000 to €5,000 if they do not comply with their obligations to ensure passengers have appropriate travel documentation.
- I have assigned additional resources in Dublin Airport to carry out ‘doorstop’ operation on flights that pose risks of irregular migration. Over 3000 ‘doorstop’ operations were carried out to date this year.
- I established the Judicial Planning Working Group in 2021 to consider the number and type of judges required to ensure the efficient administration of Justice over the next five years in the first instance, but also with a view to the medium to long term. The Report of the Judicial Planning Working Group was published in February 2023, which recommended a substantial increase in judicial numbers, with 44 additional judges to be appointed in two phases. A first tranche of 24 additional judges, were appointed in 2023, with a further 20 planned following an assessment of impact of the first tranche of judges.
- The Irish Citizenship and Nationality Regulations 2023 were signed into law to allow for applications for naturalisation to be made online for the first time in Ireland.
- The reckonable residence requirement for naturalisation for children born in the State was reduced from 5 years to 3 years under the Courts and Civil Law (Miscellaneous Provisions) Act 2023, thus allowing children born here to obtain citizenship more quickly.
- Ireland opted-into the Regulation establishing a European Union Asylum Agency, and Ireland became a fully-fledged member of the Agency in August 2023.
- A Judicial Planning Implementation Steering Group was established in June 2023 to monitor the implementation of all of the Judicial Planning Working Group Report’s recommendations.
- A new Planning and Environment Division of the High Court has been established. This is in line with the commitment contained in the Programme for Government and the Housing for All strategy and its establishment has involved extensive engagement between my Department, the Courts Service and the Department of Housing, Local Government and Heritage as well as consultation across other Departments.
- Following the approval of additional judicial resources by Government arising from the recommendations of the Judicial Planning Working Group earlier in 2023, the new High Court Division has now three judges assigned to planning matters and proceedings relate to the wide suite of national and European law that applies in respect of planning and the environment. Urgent cases such as proceedings which concern large-scale projects of strategic importance, or matters of significant environmental impact, are to be given priority.
- The continued progression of the Gambling Regulation Bill through the Houses. The Bill is currently undergoing preparation for Committee Stage in the Seanad and is expected to be enacted this year. The legislation provides for a robust regulatory and licensing regime to regulate gambling both in person and online, to streamline the licensing framework and to provide for the establishment of the Gambling Regulatory Authority of Ireland.
- The ongoing work of the Civil Legal Aid Review Group, which is reviewing the current operation of the Civil Legal Aid Scheme, including how flexible and responsive the Scheme is to the needs of those it is intended to serve. While the work of the Group is ongoing, it has completed a series of consultation processes to inform its detailed deliberations.
- 2023 has seen the first full year of implementation of the Family Justice Strategy. Notable achievements under the Strategy include the completion of the Policy Review on Parental Alienation and the development of a new family law information hub by the Courts Service.
- The report of a major review of the Defamation Act 2009, which was carried out by my Department, was published in March 2022. The General Scheme of the Defamation (Amendment) Bill, which takes into account the report of the review, was published in March 2023 and I expect to publish this Bill in this session.
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