Written answers
Monday, 9 September 2024
Department of Justice and Equality
Programme for Government
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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1066.To ask the Tánaiste and Minister for Justice and Equality if she will report on the implementation of the programme for Government commitments under the remit of her Department.[34013/24]
Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, the 2020 Programme for Government contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society. My Department remains steadfast in working to deliver on the commitments in the Programme over its lifetime. These commitments have been set out in my Department’s annual Justice Plans from
2021 to 2024 with update reports published twice yearly.
I am proud that there has been extensive progress including a broad range of policy and legislative reforms.
Some of the achievements of the Department since the formation of the Government are set out below.
Unprecedented increased investment in support of An Garda Síochána
I have increased investment in 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 in Garda recruitment following 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 wellbeing initiatives, additional medical costs and over 2,500 units of body armour.
- 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.
- Increased the retirement age from 60 to 62.
- Over 13,000 mobility devices- allowing frontline 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, Limerick and Waterford, ahead of a national rollout of BWCs.
- And a new, more practical, operational uniform.
Domestic, Sexual and Gender Based Violence
I published the Government’s Zero Tolerance plan to tackle domestic, sexual and gender-based violence (DSGBV) in 2022. This ambitious, five year plan has been accompanied by detailed implementation plans which ensures the strategy is a living document and emerging issues can be incorporated.
The 2024 implementation plan was published earlier this year and contains actions for a wide range of Government Departments as well as various state bodies. In addition to refuge accommodation, priorities include work on the National Services Development Plan, progressing legislative reform, evaluating the effectiveness of awareness raising campaigns, and the development of a research and data plan to support collating DSGBV information across government departments and agencies.
I am committed to doubling 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. There are also a number of actions focused on ensuring safer digital, public and workspaces, and to reduce opportunities for sexual and gender-based violence.
There is a huge body of work underway. Key achievements include:
- In excess of €7.9m in additional funding for combatting DSGBV was secured for my Department in Budget 2024. This represents a significant increase and will support the implementation of the Zero Tolerance plan - including through the new agency, which has an overall budget of €59m for 2024. This funding will also assist the agency in meeting the acute needs for services throughout the country.
- The establishment of Cuan, the new statutory DSGBV Agency, which is key to delivering on the ambition of the strategy, including in relation to prevention, education, awareness raising and 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.
- 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 standalone 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 standalone 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 Act 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.
- 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 Act 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.
- I enacted the Criminal Justice (Miscellaneous Provisions) Act which contains measures targeting violent and organised crime, violence against Gardaí and also has a particular focus on domestic, sexual and gender-based violence:
- The Sex Offenders (Amendment) Act 2023 was enacted and commenced in 2023 and provides for stronger supervision of sex offenders post release.
- A statutory review of Part 4 of the Criminal Law (Sexual Offences) Act 2017 that deals with the purchase of sexual services. It is my intention to bring this work to a conclusion as soon as possible.
- As an action under the Justice Plan 2024, I receive regular updates in relation to progress on this review and I am aware that the Research Team has analysed the data and documentation submitted on foot of the consultation process undertaken by the previously appointed external reviewer.
- The Sexual Violence Survey 2022 was published by the CSO providing high quality national prevalence data on sexual violence.
- We have committed to undertaking a prevalence survey on domestic violence, the development of which is underway.
- Implemented 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.
- Enacted ‘Coco’s Law’ to criminalise the distribution of intimate images without consent.
- Enacted measures to introduce pre-trial hearings to ensure that victims are less likely to face stressful and unexpected delays to trial start dates.
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 (ASBOSs).
- The introduction of Community Safety Partnerships around the country, to develop Community Safety Plans for every area.
- Continued extensive expansion of youth justice and youth diversion measures.
- New laws to criminalise the grooming of children into criminal behaviour.
- Ongoing work to introduce 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.
In July 2023, I published the international protection modernisation programme for 2023 - 2024 which takes account of the change in circumstances post pandemic and in particular, the significant increase in international protection claims. 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 with key achievements already delivered under the programme including:
- 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 now has 516 staff, an increase of 143% since 2022, and will make approximately 14,000 decisions this year, nearly triple that it made in 2022. 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, there has been a drop of up to 70% in applications from the designated safe countries. Two additional countries were added to the to the safe country list earlier this year (Algeria and Botswana) and a further five countries were added to this list in early July (Brazil, India, Egypt, Morocco and Malawi).
- Extended accelerated processing to whatever country, or countries, have the highest number of applicants. This is reviewed on a quarterly basis. The country with the highest number of applications last quarter was Nigeria, which has seen a 53% drop in application since the commencement of the Accelerated Process in April 2024. The country with the second highest number of applications last quarter was Jordan, which was added to this category of accelerated processing on 29 July.
- Both Houses of the Oireachtas approved the motion to opt in to the EU Pact on Asylum and Migration. I have started to prepare the General Scheme of new legislation to replace the International Protection Act 2015 and an implementation plan will be launched later this year.
- 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 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.
- Last October, 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 in January. My officials are currently finalising analysis of 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 coming weeks 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 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 later this year, 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.
- 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 2023 and 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.
- 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, 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 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.
- The continued progression of the Gambling Regulation Bill through the Houses. The Bill is currently scheduled 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 Defamation (Amendment) Bill, which takes into account the findings of the review, was published in July.
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