Justice ANNUAL REPORT€¦ · Forward by Minister Michael McDowell,T.D. 3 Part 1 - Introduction...

Mission Statement and Values 2

Forward by Minister Michael McDowell,T.D. 3

Part 1 - Introduction

Introduction 7

Our Mandate 8

Structure of Department 8

Part 2Progress on 2001-2004 Strategy Statement HighLevel Goals and other developments during 2002

Tackling Crime (HLG 1) 10

Security (HLG 2) 18

Garda Síochána (HLG 3) 19

The Courts (HLG 4) 23

Prisons & Probation and Welfare (HLG 5) 25

Criminal and Civil Law Reform (HLG 6) 27

Human Rights (HLG 7) 40

European Union and International (HLG 8) 41

Northern Ireland (HLG 9) 48

Asylum, Immigration and Citizenship (HLG 10) 50

Equality and Disability (HLG 11) 61

Childcare (HLG 12) 70

Legal Aid (HLG 13) 72

Business Support and Customer Services (HLG 14) 75

Part 3 - Appendices

Appendix 1 Organisation Chart 87

Appendix 2 Overview of Divisions of Department 88

Contents

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Our Mission

To maintain and enhance community securityand equality through the developmentof a range of policies and high quality serviceswhich underpin:

• the protection and assertion of humanrights and fundamental freedoms consistentwith the common good;

• the security of the State;

• an effective and balanced approach totackling crime; and

• progress towards the elimination ofdiscrimination and the promotion of equalopportunities and the accommodation ofdiversity.

Values

We are guided by a set of core values inseeking to deliver on our mission.These valuesare founded on an analysis of the environmentin which we operate, the expectations ofGovernment and the community, and theresources at our disposal. These values are theguiding principles informing our work. Weaim to:

• ensure access to justice;

• apply fair and equal standards of treatmentto all groups in society;

• demonstrate accountability for our actions;

• show courtesy, integrity and openness inour dealings;

• provide excellent services to the public; and

• value the individual.

Department of Justice, Equality and Law Reform

Mission Statement and Values

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I am very pleased to have the opportunity ofpresenting this report on the activities andachievements of my Department during 2002.This year, the Annual Report also contains theprogress made on the goals and objectives setfor the Department in the 2001 - 2004 StrategyStatement.

During 2002, the officials of my Department,along with others, continued to work onadvancing the Peace Process including theimplementation of those parts of the GoodFriday Agreement for which my Departmentbears particular responsibility; this involved,amongst other things, close liaison with theIndependent International Commission onDecommissioning. An IntergovernmentalAgreement was also signed on implementingthe Patten Report recommendations whichprovides a bilateral legal framework forenhanced co-operation between the GardaSíochána and the Police Service of NorthernIreland. Work also continued on theimplementation of the recommendationscontained in the report of the Victim'sCommission.

The Garda National Drugs Unit continued tocoordinate operations against drug dealing andtrafficking during 2002 and cooperation andintelligence sharing between An GardaSíochána and the Customs Service continuedto increase, resulting in very large drug seizures

by each agency and by both agencies actingtogether. During 2002, the 13 Garda YouthDiversion Projects established in 2001 as part ofthe final phase of the expansion of the GardaYouth Diversion Programme under theNational Development Plan became fullyoperational at local level. The principal Gardaroad safety campaign, Operation Lifesaver,continued in 2002, with increased levels ofGarda enforcement focusing, in particular, ondrink driving, speeding and seat belt offences.The penalty points system commenced on amanual basis in respect of speeding offenceswith effect from 31 October, 2002.

Work continued on preparation of a Bill toprovide for the most radical reform of theGarda Síochána since its establishment and fora new Agency to replace the Garda ComplaintsBoard, which will have the power to investigatecomplaints against Gardaí and which willalso have the powers of an Ombudsman.The PULSE computer system is beingimplemented over a number of phases andcontinued to be developed during 2002. Workalso continued in relation to the Garda CCTVProgramme and grant-aid became available forCommunity Based CCTV Systems which willfacilitate community based groups who wish toproceed with their own local CCTV system.

The Pilot Drug Court Pilot Programme, whichwas launched in the Dublin District Court in

Foreword by Minister Michael McDowell,T.D.

Michael McDowell,T.D.Minister for Justice,Equality and Law Reform

Brian Lenihan,T.D.Minister of State

Willie O’Dea,T.D.Minister of State

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January, 2001, was evaluated by expertConsultants during 2002. A Consultants reportcontaining various recommendations for theProgramme has been prepared.The Programmemarks a major policy initiative in the criminaljustice system, designed as an alternativemeasure for dealing with less serious and non-violent drug related offences.

The Criminal Justice (Legal Aid) (Regulations)2002 were signed on 1st October, 2002. TheseRegulations provide for an increase in the feespayable under the Criminal Legal Aid Schemeto solicitors for attendance in the DistrictCourt and for appeals to the Circuit Court andfor an increase in the fees payable to solicitorsand counsel in respect of essential visits toprisons and other custodial centres (other thanGarda Stations) and for certain bailapplications.

In 2002, the Civil Legal Aid Regulations, 1996were amended to increase the disposableincome and capital allowance limits in order toincrease the number of those who wouldqualify for legal services on financial eligibility.With effect from 1st February, 2002, themaximum disposable income limit foreligibility purposes has been increased to€13,000 per annum.

During 2002, the business implications of themove of the Irish Prison Service from theDepartment to its new premises in Clondalkinwere analysed, the respective futureresponsibilities of the Department and the IrishPrison Service were agreed and appropriatereporting systems were put in place by me, asMinister, to discharge my responsibilities inregard to the Prison System. The Prisons andProbation and Welfare Policy Service Divisionwas restructured to reflect the new relationshipwith the Prison Service.

In 2002, An Inspector of Prisons and Places ofDetention was appointed on an administrativebasis and the Parole Board became fullyoperational.

In relation to Disability Issues, an expertConsultation Team chaired by an AssistantSecretary from the Department was appointedin April, 2002 to oversee a consultation process

on proposals for disability legislation, withparticular reference to the Disability Bill, 2001.During 2002, the Department continued to beactive on a number of fronts providing a focalpoint for disability equality policy andlegislation development. Activities includedparticipation in a number of InterdepartmentalCommittees and in European Union, Councilof Europe and other international fora. Aparticular focus was given to the preparation ofa new Disability Bill.

Throughout 2002, the necessary supportcontinued to be provided to the EqualityAuthority and the Office of the Director ofEquality Investigations for the performance oftheir statutory functions. The EqualityAuthority developed a Code of Practice onSexual Harassment and Harassment at Workwhich was launched in March, 2002.

The Equality for Women Measure of theNational Development Plan 2000 - 2006 fundsgender equality initiatives in employment,business and decision making. Expenditure onthe Measure during 2002 was €5.8 million.During 2002, as Minister I approved a further23 projects for funding, bringing to 70 thenumber of projects being financed under theMeasure. By the end of 2002, approximately,2,300 women had participated in training anda further 2,500 had availed of facilities ofservice providers under the Measure. During2002, the Measure also funded the work of theNational Framework Committee (NFC) forthe Development of Family Friendly Policies.

The Programme KNOW RACISM, launchedin October, 2001, was put into operationduring 2002. The brand image and anti-racismmessages of the programme were disseminatedthrough a mixture of activities includingnational advertising campaigns, publicity eventsand inter alia support for local anti-racismawareness initiatives.

In the area of Childcare, the National ChildcareCo-ordinating Committee continued to meetin 2002. The Committee and its Sub-Groupsundertook to address various issues relating tochildcare including children with special needsand the area of school age childcare. TheCertifying Bodies Sub-Group completed a


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Model Framework for Education,Training andProfessional Development in the EarlyChildhood Care and Education Sector. TheFramework was launched in September, 2002.Two seminars for persons engaged in childcarethroughout Ireland were also held.

During 2002 the four main elements of theframework for the development of proposednew immigration legislation to replace theAliens Act, 1935 were completed and workcommenced on the preparation of a newImmigration and Residence Bill. During theyear also, the Department continued to have amajor input into the implementation of theGovernment's Asylum strategy to, inter alia,increase the processing capacity to deliver morespeedy decisions in relation to applications forrefugee status. Significant work also took placeduring the year on the preparation of legislativeamendments to the Refugee Act, 1996 toaddress, amongst other things, the large numberof unfounded asylum applications beingreceived. The Immigration Bill, 2002 waspresented in the Seanad in February, 2002 toprovide for a scheme of carriers liability. InDecember, 2002, approval was given foradditional amendments to streamlineprocedures for dealing with withdrawn andabandoned asylum claims and enable staff tobetter manage workflows.

Minister Willie O'Dea,T.D., Minister of State atthe Department and Chairperson of theNational Steering Committee on ViolenceAgainst Women, launched a Public AwarenessCampaign to highlight the dangers of drugassisted rape in September, 2002. Researchfunded by the Department into thedevelopment of protocols for the establishmentof a Domestic Violence Intervention Projectwas finalised in 2002. The Department agreedto fund the establishment of an interventionproject on a one year pilot basis. TheDepartment was also involved in theconsultation process for drawing up theDomestic Violence (Amendment) Act, 2002which was introduced in December, 2002.

The year also saw the enactment of a range oflegislation initiated by my Department.Important measures enacted included theCourts and Court Officers Act 2002, Solicitors

(Amendment) Act 2002, Tribunals of Enquiry(Evidence) (Amendment) Act 2002 and theDomestic Violence (Amendment) Act, 2002.Bills under preparation during 2002 includedan International Criminal Court Bill, DrugOffenders Bill, Coroner's Bill and a Gamingand Lotteries Bill.

Finally, I would like to take this opportunity tothank all the Staff of my Department for thework which they carry out on a daily basis.

Michael McDowell,T.D.Minister for Justice, Equality & Law Reform


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Introduction

This year’s annual report of the Department ofJustice, Equality & Law Reform sets outprogress on implementation of 2001-2004Strategy Statement objectives in accordancewith Section 4 of the Public ServiceManagement Act 1997 and also reports onother developments in the Department duringthe year.

Each of the main areas of the Department’swork is reported on in separate chapters underits related High Level Goal heading. Eachchapter begins with a report on progress onrelevant Strategy Statement objectives and thencovers other developments relating to the areaduring the year.

It will be clear from a reading of the report thatsignificant progress was made by theDepartment on implementation of StrategyStatement objectives in 2002. The objectivesprogressed cover a broad range of issues such as,progressing a comprehensive and measuredpolicy for responding to crime, pursuing theprogramme of change for the Garda Síochána,developing immigration policy andimplementing the Government’s asylumstrategy, enhancing the existing statutoryfoundation for equality and providing fundingand developing the supports to deliver onchildcare commitments. Chapter 6, which dealswith Criminal and Civil Law Reform mattersdetails, amongst other things, the legislationenacted and Bills published and progressedduring 2002.The Department’s ever increasingresponsibilities and workload in relation to EUand international matters in 2002 is covered inchapter 8 under a number of headings.

Progress on the Department’s modernisationagenda under the Programme for Prosperityand Fairness (PPF) is covered by chapter 14.This chapter sets out the progress achievedduring 2002 in areas such as, strategic planningand performance management, training anddevelopment, financial management, customerservice, equality of opportunities and IT ande-Government. It is also worth mentioningthat this progress was independently verified by

PART I

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the Civil Service Quality Assurance Groupestablished under the PPF.While good progresshas been achieved by the Department to dateon its modernisation agenda there is more to bedone over the coming years.

Finally, some details on the structure andstaffing of the Department are set out belowand an organisation chart and overview of thefunctions of the various divisions of theDepartment are included as appendices at theend of this report.

The Department’s Mandate

The Department’s Mission Statement, Valuesand High Level Goals reflect a Departmentwith a mandate which crosses many significantand varied areas of public sector policy andadministration.

The Department’s main areas of responsibilityinclude -

• Implementing Government policy oncrime and protecting the security of theState.

• Providing policy advice in relation to thecriminal justice system (An GardaSíochána, the Courts, Prisons andProbation and Welfare Services) andsupporting the operation of this system.

• Continuing reform of the criminal law andupdating areas of the civil law.

• Playing a central part in the implementationof core elements in the Good FridayAgreement.

• Co-operating in the EU and internationalfields and promoting Ireland’s interestswithin our areas of responsibility.

• Implementing the Government’s asylumstrategy and further developing nationalimmigration policy.

• Developing and implementing policy inrelation to equal treatment generally,anti-racism, disability equality, human rightsand childcare.

Department Structure and Staffing

The Department is structured around nineareas comprising one or more Divisions, eachheaded by a member of the ManagementAdvisory Committee (see Appendix 1):

• Crime, Security and Northern Ireland,Mutual Assistance and Extradition

• Garda Síochána, Prisons and Probation andWelfare Policy

• Criminal Law Reform and Human Rights

• Civil Law Reform and Courts Policy

• EU/International matters

• Asylum, Immigration and Citizenship

• Equality, Equal Status, Childcare andDisability Equality

• Personnel, Corporate Services,Organisation Development and ProjectDevelopment

• Finance, I.T. and the Reception and Integration Agency.

There were just over 700 staff working in theHead Office areas of the Department at the endof 2002. Numbers working in the widerJustice and Equality sector stood at about19,500. There are now some 23 organisationsin the Justice and Equality sector, eachwith specific administrative, regulatory oroperational functions (see Appendix 1).

Across all its votes the Department wasresponsible for a Budget of €1.603 billion in2002.


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Progress on 2001-2004Strategy Statement HighLevel Goals and otherdevelopments during2002

PART II

10

Progress on objectives in 2002

• The Department continued to provideresources, support and input into the workof the National Crime Council. The keyroles of the Council are to focus on crimeprevention and on raising public knowledgeand awareness of crime, examine the fear ofcrime, identify research priorities whichcould be commissioned by the Departmentand undertake in-house research.

• In July 2002, the Minister obtainedGovernment approval to establish an ExpertGroup on Crime Statistics and to carry outbiennial national crime victimisationsurveys. The Expert Group wassubsequently appointed and commenced itswork, and planning began for the first crimevictimisation survey. This followed the

publication, in November 2001, of theNational Crime Council’s first report,entitled Crime in Ireland, which inter aliarecommended that an expert group shouldbe established to examine, among othermatters, the collation of informationrelating to crimes reported to, and recordedby, the Garda Síochána. The report alsorecommended that crime victimisationstudies be carried out on a regular basis inorder to provide an empirically soundevaluation of the level of unreported crime.

• The National Crime Council commenceda consultation process on establishing apartnership approach to tackling theunderlying causes of crime, with particularemphasis on partnership at the local level.

Tackling Crime

High Level Goal 1

To achieve optimum protection against crime for all members of society

Strategy Statement 2001-2004 Objectives

• Progress a comprehensive and measured policy for responding to crime, in the context of a well-informed andbroadly-based public discussion on crime issues.

• Continue to develop and implement Department policy in relation to the problem of drug misuse in line with theobjectives and recommendations contained in Building on Experience - National Drugs Strategy 2001-2008.

• Assist in the implementation and ongoing development of multi-agency, integrated policies to deal with theproblem of drug misuse at national, regional and local level as defined in Building on Experience - NationalDrugs Strategy 2001-2008.

• Continue to develop and implement Department policy in relation to combating organised crime.

• Continue to focus on youth crime by supporting and developing evidence-based preventative measures andinterventions aimed at young offenders and those most at risk of offending.

• Promoting the co-ordination of response across agencies involved in assisting victims of domestic violence, rape andsexual assault.

• Develop a focused response to and the expertise to deal with cybercrime.

• Contribute to progressing measures to reduce deaths and injuries on our roads, including strict enforcement of theroad traffic laws.

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Funding was provided by the Departmentto enable the Council to commission aresearch study from the Institute ofCriminology at University College, Dublinon public order offences in Ireland.

• A report, entitled An Econometric Analysisof Burglary in Ireland, which wascommissioned by the Department andcarried out by University College Dublin,was published. The research studyindicated that the criminal justice systemhas a key determining role in the incidenceof this significant form of property crime. ACrime Prevention Directory, which wascommissioned by the Department andcompiled by the Centre of Social andEducational Research at the DublinInstitute of Technology, was also published.The Directory provides an outline ofprojects, programmes and agencies whicheither intend to reduce offending and/orvictimisation or carry out work thatotherwise may contribute to the reductionof offending and/or victimisation.

• The Department continued to participatein the EU Crime Prevention Network,established in 2001, which contributes todeveloping the various aspects of crimeprevention at EU level and supports crimeprevention activities at local and nationallevel. The Network pays particularattention to the fields of juvenile, urban anddrug-related crime.

• The Department provided financial supportto a range of crime prevention initiatives,including Neighbourhood Watch,Community Alert, the Missing PersonsHelpline and the Leanbh child beggingproject.

• The Department continued to play aproactive role through representation onthe structures which are in place toformulate and implement policy to tacklethe problem of drug misuse:

- Cabinet Committee on SocialInclusion;

- Inter-Departmental Group on NationalDrug Strategy (NDS);

- National Drug Strategy Team (NDST);- National Advisory Committee on

Drugs (NACD);- Fourteen Local Drugs Task Forces

(Gardaí and Probation and WelfareOfficers); and

- The National Assessment Committeefor Young Peoples Facilities and ServicesFund (YPFSF).

The “National Drug Strategy 2001-2008”agreed by Government in 2001 contains aseries of 100 individual actions to beimplemented by all of the agencies involvedin the delivery of drugs policy.

• In addition to developing measures totackle drug related activity in conjunctionwith the Garda Síochána, the Departmentcontinued to actively participate in themulti-agency structures which have beenset up to implement the National DrugsStrategy.

• Arrangements were made for the Gardaíand Probation and Welfare Services to berepresented on the proposed RegionalDrugs Task Forces to be established in 2003.

• Arrangements were made to channelfunding for pilot Local Drugs Task Forceprojects for which An Garda Síochána andthe Probation and Welfare Service are thelead agencies.

• The Department continued to providemainstream funding for a range of Justicerelated projects which originated via LocalDrugs Task Force initiatives.

• The Department’s Policy PlanningResearch Unit funded a drugs relatedresearch project on referral commissionedby Dublin’s North Inner City Local DrugsTask Force.

• The Department continued to develop andimplement policy in relation to combatingorganised crime at national andinternational level. The operationalsuccesses of the Criminal Assets Bureau inparticular and other National SupportGarda Units, are evidence of the progress


Tackling Crime

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being made in tackling organised crime.

• The first commencement order under theChildren Act, 2001 in respect of theDepartment was signed on 23 April, 2002.The Order, which came into force on 1May, 2002, provided for, inter alia:

- the establishment of the GardaDiversion Programme on a statutorybasis. The Programme deals withchildren who have committed offences(apart from certain serious offences),unless the interests of society requireotherwise;

- the introduction of a “diversionconference” based on restorative justiceprinciples, as pioneered in NewZealand;

- the establishment of the Children'sCourt;

- the introduction of a fines structure forchildren found guilty of offences andthe payment of compensation byparents in respect of offences committedby their children;

- the introduction of a curfew forchildren found guilty of offences;

- court orders to parents to exerciseproper control over their children;

- the updating of the law in relation tocruelty to children and persons whocause or encourage a sexual offence ona child;

- reversing the burden of proof on parentswhose children are found begging;

- a limited “clean slate” in respect of mostoffences committed by children; and

- provisions relating to the safety ofchildren at entertainments.

• Garda youth diversion projects are targetedat young people who are involved - or atrisk of becoming involved - in criminal andantisocial behaviour. The projects seek todivert these young people from suchactivities by promoting personaldevelopment and civic responsibilitythrough sporting, leisure, educational andother interventions. Each project isadministered at the local level by a multi-agency management committee, whichusually comprises the Garda Síochána, the

Probation and Welfare Service, a majorvoluntary youth organisation andcommunity representatives.

During the year 2002, the 13 projectsestablished as part of the final phase of theexpansion of the Garda Youth DiversionProgramme under the NationalDevelopment Plan became fully operationalat local level.

A report, entitled Study of Participants inGarda Special Projects, which wascommissioned by the Department andcarried out by the Centre for Social andEducational Research, (CSER) at theDublin Institute of Technology (DIT), waspublished. The report provides an in-depthprofile of participants in Garda youthdiversion projects.

The rapid expansion of Gardayouth diversion projects created qualityassurance challenges in relation to theoperation and management outcomes ofthe projects. Consequently, in 2001the Department commissioned thepreparation of comprehensive guidelinesfor the establishment, management andadministration of the projects.

In 2002, the guidelines were in preparationby the CSER at DIT in conjunction with across-sectoral Advisory Group. It isexpected that the guidelines will bepublished in the first half of 2003.

• The Intoxicating Liquor Act, 1988 (AgeCard) Regulations, 1999 set out thedetailed provisions in relation to the agecard scheme, which is operated by theGarda Síochána and is designed to assistlicence holders to comply with legislativeprovisions relating to underage drinking byproviding evidence of age where a doubtexists. During the year, 39,600 cards wereissued, bringing the total to date to 87,800.

To further enhance the uptake of age cards,the Department commissioned anadvertising agency to develop andimplement a national age card awarenesscampaign.


Tackling Crime

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The campaign, commissioned at a cost ofapproximately €150,000, was implementedat Christmas 2002 and involved the creativeuse of a variety of media, including radio,poster campaigns, internet bannering,advertising in trade publications and directmail packs to alcohol retailers.

• The RAPID (Revitalising Areas byPlanning, Investment and Development)Programme targets the most concentratedareas of disadvantage in the State byensuring that priority attention is given tothese areas by Government Departmentsand State Agencies dealing withdisadvantage and local development in thewidest sense. The RAPID Programme hasselected 25 target areas in cities and townsand, in addition, 20 towns for priorityinvestment and frontloading of fundingunder the National Development Plan2000-2006.

During the year 2002 the Departmentcontinued to be represented on the RAPIDNational Monitoring Committee andco-ordinated and supported theimplementation of the RAPID Programmeby the Garda Siochána, the Probation andWelfare Service and relevant Divisions ofthe Department. At a local level the GardaSiochána and the Probation and WelfareService are represented on RAPID AreaImplementation Teams and facilitate theco-ordinated delivery of the RAPIDProgramme.

While no dedicated Departmental financialallocations as such have been made availableto provide potential funding for proposalsreceived under the RAPID Programme,particular priority is given to RAPIDproposals which fall within the functionalareas financed under the NationalDevelopment Plan. The Departmentdecides on funding for RAPID proposalswithin the context of existing allocationsacross Votes under its remit. Examples ofthe type of proposals received or supportedunder the RAPID Programme areapplications for funding under the EqualOpportunities Childcare Programme,proposals for Garda youth diversion

projects, CCTV schemes, Probation andWelfare Service projects and proposalswhich would be a matter for the GardaCommissioner to decide on (such as thedeployment of Gardaí).

The Department received a total of 81proposals in 2002 under the RAPIDProgramme. Funding of €6,736,070 wasapproved under the Equal OpportunitiesChildcare Programme for 11 childcareproposals and €300,000 in respect of acapital grant for a proposal for a Probationand Welfare Service project. In addition,seven proposals submitted under theRAPID Programme which related to theallocation of Garda resources and whichwere matters for the Garda Commissionerto decide on, were implemented.

• The Department is represented on theNational Steering Committee on ViolenceAgainst Women and also provides thesecretariat to the Committee.The NationalSteering Committee met regularly during2002 and continued to highlight and raisepublic awareness of the issue of violenceagainst women. In 2002, the Committeeundertook an awareness campaign on drugassisted rape and began developing aninformation leaflet on rape and sexualassault.

• The Department provides the Secretariatand general support to the InternetAdvisory Board, which was mandated toraise awareness about internet “downside”issues, including the area of childpornography. A major conference was heldand a radio campaign mounted to increaseawareness of risks associated with internetuse. A code of conduct for the internetproviders industry was launched in 2002.

• The Department continued to support thework of the Victim Support Organisation.The grant awarded to the organisation in2002 amounted to €1,135,000.

• The Department has general responsibilityfor monitoring the enforcement by theGarda Síochána of the Road Traffic Acts.The Department is represented on the


Tackling Crime

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High Level Steering Group on Road Safety,which is overseeing implementation of theGovernment's National Road SafetyStrategy, 1998 - 2002, and the Department'sinvolvement with the work of this groupcontinued throughout 2002. The Strategyset a primary target of a reduction of aminimum of 20% in road deaths and seriousinjuries. Considerable progress was made inreducing the number of fatalities over thelifetime of the Strategy, with fatalitiesreduced from 472 in 1997 to 376 in 2002,a reduction of 20.3%. The introduction ofpenalty points in respect of speeding in2002, together with increased levels ofenforcement, undoubtedly played a majorpart in the reduction achieved in 2002.Work commenced in 2002 on a review ofthe strategy and the preparation of a newstrategy to cover the period to 2005.

During the year, the Department continuedto ensure that the Garda Síochána isadequately resourced to enforce the RoadTraffic Acts and key road traffic policyinitiatives. The principal Garda road safetycampaign, Operation Lifesaver, continuedin 2002, with increased levels of Gardaenforcement focusing, in particular, ondrink driving, speeding and seat beltoffences. The penalty point systemcommenced on a manual basis in respect ofspeeding offences with effect from 31October, 2002. Provisional figures indicatethat the Garda Síochána issuedapproximately 53,000 on the spot fines forseat-belt offences, detected over 330,000speeding offences and over 11,000suspected drink driving cases during theyear 2002.

Other developments

Drug Supply reductionEnforcing the laws relating to drugs isprimarily the responsibility of An GardaSíochána and the Customs Service. Co-operation and intelligence sharing betweenboth law enforcement agencies continuedto increase resulting in very large drugseizures by each agency and by bothagencies acting together.

In terms of drug supply reduction, theNational Drugs Strategy sets performanceindicators, for drugs seized to increase by25% by the end of 2004 and by 50% by end2008, using the 2000 seizures figure as abaseline.

An Garda Síochána seized drugs with astreet value of approximately €50 millionin 2002; €45 million in 2001 and €20million in 2000.

Garda OperationsThe Garda view is that operations such asDóchas, Cleanstreet and Nightcapcontinued to prove effective in targetingon-street drug dealing and the distributionof controlled drugs in nightclubs andlicensed premises.

Drug trafficking is an international activityand the Garda National Drugs Unitcontinued to maintain close contact withlaw enforcement agencies in other EUMember States and beyond. This contactinvolved information and intelligencesharing, along with joint operations whichoften cross numerous jurisdictions in asingle operation. The activities of GardaLiaison Officers based in Madrid, London,Paris, the Hague and at Interpol andEuropol Headquarters have alsocontributed to major successes.

Criminal Assets BureauThe Department facilitates the operation ofthe Criminal Assets Bureau and ensures thatthe necessary funding is available for theeffective functioning of the Bureau.

The Bureau continued to fully implement amulti-agency approach to deny personsengaged in criminal activity of the proceedsof their crimes.

In 2002 the Bureau obtained InterimOrders on property to the value of over€30 million under Section 2 of theProceeds of Crime Act, 1996 andInterlocutory Orders on property worthalmost €8 million under Section 3 of theProceeds of Crime Act, 1996.


Tackling Crime

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Tax and interest collected from personssuspected of involvement in criminalactivity during 2002 amounted to over €10million and Social Welfare savings in 2002,amounted to over €155,000.

The Bureau's expenditure for 2002 was€5.401m.

Money LaunderingIn 2002 the Money Laundering Unit of theGarda Bureau of Fraud Investigationreceived 4,390 suspicious transactionreports. Over half of these reports in 2002led to the initiation of further Gardainvestigations into money laundering andother criminal activity. The number ofsuspicious transaction reports has grownconsiderably from 199 in 1995 - theincrease can be attributed to a number offactors, including changes in legislation andan increased awareness of the issue ofmoney laundering.

Violence Against WomenIn September 2002, the National SteeringCommittee on Violence Against Womenlaunched a Public Awareness Campaignwhich aimed to highlight the dangers ofdrug assisted rape. The Campaign involvedthe development of a series of posterswhich were distributed for display in pubs,night-clubs and colleges nation wide. Thecampaign was supported by the VintnersFederation of Ireland, the Irish VintnersAssociation and Student Unions. Theposters were also used in an advertisingcampaign on buses in each of the cities.

The Committee is currently developing aninformation leaflet on rape and sexualassault. It is expected that the leaflet will beavailable during 2003.

Research funded by the Department intothe development of protocols for theestablishment of a Domestic ViolenceIntervention Project was finalised in 2002.Following on from the results of theresearch, the Department agreed to fundthe establishment of an intervention projecton a one year pilot basis in one districtcourt area in Dublin. The Project, which

aims to put in place a co-ordinated responsefor both the victims and perpetrators ofdomestic violence, is due to begin operatingin 2003.

The Department was involved in theconsultation process for drawing up theDomestic Violence (Amendment) Act, 2002which was introduced in December, 2002.This legislation followed a ruling by theSupreme Court in October 2002 thatcertain sections of the Domestic ViolenceAct, 1996 in relation to the granting of aninterim barring order on an ex parte basiswere unconstitutional. The DomesticViolence (Amendment) Act provides thatan interim barring order made on an exparte basis shall have effect for a period notexceeding 8 working days. The Act alsoprovides that a note of the evidence givenby the applicant and a copy of the order willbe served on the respondent as soon aspracticable.

Firearms- Registered Firearms Dealers

A total of 430 firearms dealers wereregistered in the State during 2002.Approximately half of these traded infirearms and ammunition and paid a feeof €75 per annum, while the remaindertraded in ammunition only and paid afee of €12 per annum.

- Importation Licences (EU andNon-EU importations)1,329 importation licences were issuedduring 2002.

- Export to Other EU MemberStates541 transfer documents were issuedduring 2002.

- Firearm CertificatesIt is the Department’s current policy tolicense only shotguns, crossbows andrifles not exceeding .22 calibre, exceptin the case of deer hunting andcompetitive target shooting,where bolt-action rifles up to and including .270calibre are licensed. Firearm certificatesare granted to residents and non-


Tackling Crime

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residents by the Garda Síochána.Approximately 208,900 certificateswere issued in the year 1 August, 2001to 31 July, 2002 to residents.Approximately 4,000 such certificateswere granted to non-residents for theyear 2002. A non-resident may notbring a firearm into the country whicha resident is prohibited from holding.

ExplosivesDuring the year ended 31 December, 2002the following licences were issued:

- 770 importation licences for industrialexplosives, fireworks for displays, marinesafety flares, nitrates/sodium chlorateand a number of minor items, and

- 62 licences for the manufacture ofexplosives on site of use, i.e. quarries.

Training Courses for Drivers ofVehicles Carrying ExplosivesDuring 2002, 15 drivers attendedspecialisation courses and 2 drivers attendedrefresher courses.

Scheme of Compensation for PersonalInjuries Criminally InflictedThe Criminal Injuries CompensationTribunal administers a Scheme ofCompensation for Personal InjuriesCriminally Inflicted which provides forex-gratia compensation in respect ofexpenses and losses incurred as a result ofpersonal injuries, including fatal injuries,which are directly attributable to a crime ofviolence or which were sustained whilehelping or trying to help prevent a crime orsave a human life. The Department isresponsible for administration in relation tothe Scheme.

In 2002, the Tribunal was provided withfunding of €3.5 million for the GeneralScheme. The Tribunal paid out €3.44million in awards. The highest award paidout in 2002 was €623,104.28 and thelowest award was €125.70.

The Tribunal received 296 new applicationsin 2002 and made decisions in 227 cases.

Of the decisions made 152 applicantsreceived awards, 56 applicants had theirapplications refused and a further 19applications were withdrawn or closed.

The Tribunal also administers the PrisonOfficer's Scheme of Compensation forInjuries Criminally Inflicted. This Schemecame into force in 1990 and was backdatedto 1986. In 2002, the Tribunal wasallocated funding of €1.048 million. TheTribunal paid out €2.208 million inawards. The highest award paid out underthe Prison Officer's Scheme in 2002 was€470,637.70 and the lowest was €689.56.The Tribunal made significant awards inthree other applications and because of thisthe Tribunal went over its allocation. TheIrish Prison Service granted permission topay out these awards and any other awardson hand at the end of the year as they hadsavings in the Prison Vote under theheading “Awards”. This heading relates toawards to Prison Officers and prisoners.

The Tribunal received 101 new applicationsin 2002 and made decisions in 96 cases. Ofthe decisions made 94 applicants receivedawards and 2 had their applications refused.

Review of the Criminal InjuriesCompensation SchemeThe review of the Criminal InjuriesCompensation Scheme, mentioned in theAnnual Report of 2000, was brought to anadvanced stage before further considerationof the Scheme had to be put on holdpending the outcome of a Court decisionin relation to aspects of the Scheme.

Criminal Injuries EU DirectiveEU Member States are at presentconsidering a proposal for a CouncilDirective on compensation to CrimeVictims. The aim of the proposal is toestablish minimum standards ofcompensation throughout the EU and tofacilitate access to compensation where aresident of one Member State sufferscriminal injury in another Member State.The outcome to the EU process is beingawaited before proceeding further with thereview of the Irish Scheme.


Tackling Crime

17

Key Annual StatisticsFollowing a significant downward trend incrime experienced in recent years (crimedeclined by approximately 27% between1996 and 2000), a reversal occurred in 2001when an increase of 18% was recorded.This trend continued in 2002 withprovisional Garda figures for the yearindicating an increase of 22%.

While the overall upward trend was notreflected in the figures for murder and therewere relatively small increases for robbery(2%) and burglary (6%), there weresignificant increases in the figures for assault(50%), sexual offences (62%) and larcenies(25%). While these figures aredisappointing, looking at the figures on thebasis of the crime rate (the number ofcrimes per 1,000 of the population) showsa crime rate in 2002 of 27.02 per 1,000 ofthe population, compared with 27.79 per1,000 of the population in 1996.

In 2002, because they are a key quality oflife indicator, the Minister decided topublish statistics for headline crime as soonas they became available and in advance oftheir final validation before publication inthe Garda Commissioner’s Crime Report.As a consequence, the provisional statisticsin respect of 2001 were made public in July,2002 and the Annual Report of the GardaSíochána was published in November,2002.


Tackling Crime

18


• In 2002, the Department, in consultationwith the Garda authorities, continued tokeep the Minister and the Governmentadvised of the nature and extent of thethreat posed by terrorist organisations to thesecurity of the State and the widerinternational community.

In the latter respect, the Departmentactively contributed in the variousinternational fora and, in particular, withinthe European Union to the adoption andimplementation of wide-ranging counter-terrorism measures following the attacks inthe United States on 11 September, 2001.These measures include enhanced judicialco-operation, enhanced co-operationbetween police and intelligence services,tackling the financing of terrorism andstrengthening controls at external borders.

• Material relating to the regulation andcontrol of firearms and explosives is set outin the chapter on Tackling Crime (see page15).

Security

High Level Goal 2

To further develop policies and implement measures to underpin thesecurity of the State and to pursue such policies and measures in thewider international context of security.


• Keep under review and identify appropriate responses to threats posed by terrorism to the security of the State orthe international community.

• To keep under review the effectiveness of the regulation and control of firearms and explosives.

19


• During 2002, the Minister advised theGarda Commissioner of eight policingpriorities which the Government wished tosee addressed. These priorities have beenincorporated into the Garda SíochánaPolicing Plan, 2003.

• The Garda SMI Implementation SteeringGroup neared the completion of its reviewof structures and operating systems and isexpected to present its Final Report toGovernment in 2003.

• In 2002 the Government approved theappointment of 6 Chief Superintendentsand 24 Superintendents, mainly to fillvacancies which arose in these ranks as aresult of retirements.

• During 2002 progress continued in theimplementation of the Garda SMI changeprogramme in areas such as civilianisation,roster system, PULSE, Quality Service, etc.

• The review of structures and operatingsystems is nearing completion and will bepresented to Government in 2003.

• The Government approved the Report onPerformance and Accountability for theGarda Síochána and the legislationnecessary to give effect to the proposalstherein is being prepared.

• The Government is committed to ensuringthat the Garda Síochána are provided withthe necessary resources, both in terms ofpersonnel and equipment, to enable it todeal efficiently and effectively with themany challenges which it faces.

• The allocation provided in the 1997Estimates for the Garda Vote was a figure ofjust under €600 million. The Estimateprovision for the Garda Vote for the year2002 was €919 million, representing anincrease of over 53% on the 1997 EstimateProvision.

Garda Síochána

High Level Goal 3

To ensure that the Garda Síochána has the resources and the capacityto carry out its functions as effectively as possible and in a mannerwhich meets the requirements of a modern police force.


• Ensure that the Garda Síochána has the personnel and financial and other resources it needs to provide aneffective and high-quality policing service.

• Pursue the programme for change arising from the recommendations of the Report of the Steering Group on theEfficiency and Effectiveness of the Garda Síochána

• Provide up to date IT systems to enhance the capacity of the Garda Síochána to avail of theadvantages of using these systems.

• Repair and maintain Garda buildings to an appropriate standard.

• Establish a Garda Inspectorate to undertake inspection arrangements for the Garda Síochána and to deal withcomplaints by the public against Garda members.

20

• The personnel strength (all ranks) of AnGarda Síochána on 31 December 2002 was11,901. This represents an increase of 933(or 8.5%) since the 31st December, 1997.The Government has authorised theMinister to make the greatest possible useof the existing capacity of the GardaTraining College in Templemore over thenext two years to bring the strength of theforce to 12,200, its current authorisedmaximum strength.

• Significant progress has been made onimplementation of the Garda IT Plan asfollows:

- PULSEThe PULSE computer system (PoliceUsing Leading Systems Effectively) isbeing implemented over a number ofphases and continued to be developedduring 2002. Development of the finalphase has been completed and it isplanned to complete its roll out in 2003.As part of the implementation ofPULSE there has been a significanteffort in business process redesign andthis has led to a streamlining ofprocedures and, in many instances, thereduction or elimination of paperwork.

- Fixed Charge Processing SystemA contract for the development of thecomputerised Fixed Charge ProcessingSystem was finalised and signed inSeptember 2002. Work commenced onthe development and design of thesystem and will continue throughout2003. From a Garda Síochánaperspective this System will facilitate thefull implementation of the provision ofthe Road Traffic Act 2002 and theintroduction of penalty points.

- National Digital Radio SystemThe pilot project for the digital trunkedradio system was implemented in twoDivisions in Dublin in 2002, togetherwith the traffic Divisions of the DublinMetropolitan Region .

- The Schengen Information SystemThe Schengen Information System was

established under the 1985 SchengenConvention. It provides for freemovement of persons within theSchengen countries which is balancedby greater sharing of certain policeinformation among those countries.The SIS consists of a cental databaselocated in Strasbourg, together withnational copies of this database inparticipating countries. The GardaSíochána will be required to install adatabase system which will be linked tothe central system. To this end, a requestfor tender was published in the OJEUin August 2002 for the first phase of theproject which will involve theformulation of an implementation planfor the development of a nationalsystem and its integration with thecentral system.

• During 2002 the ongoing programme ofreplacement and refurbishment of GardaStation accommodation continued.Building and refurbishment projects werecompleted at the following locations:Kilmacthomas, Cobh, Kilrush,Thomastown, Tourmakeady, Roundstone,Ballymore, Clifden and Blanchardstown(Drug Unit).

Work also commenced on the followingstations: Templemore, Ballinrobe,Ballymore, Kilmihill and Rathangan.

In addition a large number of maintenanceprojects were completed at various Gardalocations country-wide during the year.

• Work continued on the preparation of aBill to provide for the independent GardaInspectorate, which will have the power toinvestigate complaints against Gardaí andwhich will also have the powers of anOmbudsman. Following Governmentapproval, the Bill is expected to bepublished in 2003.

Other developments

Performance and AccountabilityGovernment approved the publication ofthe Report on Performance and


Garda Síochána

21

Accountability in an Garda Síochána. Thereport sets out a performance andaccountability framework for an GardaSíochána based on the Minister settingannual policing objectives, and approvingproposals prepared by the Commissionerfor the implementation of those objectives.This framework will be built around aThree-year Corporate Strategy Statement,an Annual Policing Plan, the setting ofperformance indicators and theestablishment of a new police policy andplanning forum made up of seniorDepartment and Garda representatives.These new arrangements will be statutebased and the proposed legislation is nowbeing prepared. This legislation will alsocontain provisions to enable a transfer tothe Garda Commissioner of the role ofAccounting Officer for the Garda Vote.This transfer will take effect when theGovernment is satisfied that theperformance and accountability frameworkitself is in place and will mean that, as wellas having an enhanced reportingrelationship with the Minister for policeperformance, the Commissioner will beaccountable directly to the Public AccountsCommittee of the Dáil for the manner inwhich he manages the resources available tohim.

Head of the Training andDevelopment UnitArising from a Review of In-ServiceTraining, a Training and Developmentexpert has been recruited to head the newTraining and Development Unit at theGarda College in Templemore. This unitwill provide technical advice and support tothe Director of the College across a widerange of training and development areas.

Garda Air Support UnitThe EC 135 Garda Helicopter came intooperation in late December 2002. Theentering into service of the EC 135 willgreatly expand the area of operations of theGarda Air Support Unit and allow forgreater availability of air support in the fightagainst crime

Garda FleetA total of €9.03 million was spent in 2002on the purchase of vehicles for the Gardaand Ministerial Fleets. The operationalcapability of the Force at the end of the yearwas 1,979 vehicles.

Garda CCTV SystemsWork was completed in 2002 on theinstallation of a Garda CCTV System inCork City. The system comprises 29cameras which are monitored fromAngelsea Street Garda Station.

Contracts have been placed in relation tothe CCTV systems for Bray, Dundalk, DúnLaoghaire, Finglas, Galway and Limerick.Work is currently ongoing in each of theselocations and it is intended that theinstallation of cameras will commence oncompletion of the planning process withthe relevant local authorities andrefurbishment works in the different GardaStations to accommodate the CCTVmonitoring rooms and associatedequipment.

Community Based CCTV SystemsA new grant-aid scheme for CommunityBased CCTV Systems was launched on 14May, 2002 to facilitate community basedgroups who wish to proceed with theirown local CCTV system. Grant assistanceof up to €100,000 will be available fromthe Department towards the cost of suchschemes - subject to the availability offunds. A prospectus has been prepared toprovide information on the Scheme.

A Code of Practice has been drawn up inco-operation with the Office of the DataProtection Commissioner, and detailedTechnical Specifications have been drawnup by An Garda Síochána. It is expectedthat these documents will be finalisedshortly and will issue to all communitieswho express an interest in the Scheme.Anyapplications received will be evaluated andprocessed.

Peacekeeping An Garda Síochána continued to contributeto international peacekeeping operations in


Garda Síochána

22

2002 - in Cyprus and Bosnia with the UNand in Macedonia with the Organisationfor Security and Co-operation in Europe(OSCE). While the Garda involvement inMacedonia was discontinued and the UNMission to Bosnia ended in 2002, there arestill 20 members of the Garda Síochánaengaged in the United Nations Force inCyprus (UNFICYP).

Video RecordingThe implementation of the national schemeof suspect interview video recording inGarda Stations continued in 2002. Theinstallation of the necessary technicalequipment in selected stations wassubstantially completed in 2002, as was therequired training of Gardaí in the use of theequipment.

Compensation ClaimsDuring the year €7.5 million includingcosts was awarded by the High Court in141 compensation claims arising under theGarda Síochána (Compensation) Acts, 1941and 1945. A further 229 new applicationswere received in 2002. Proposals forchanges to the operation of theCompensation Scheme under the GardaSíochána Compensation Acts are beingformulated for consideration byGovernment.

Civil ActionsThere was a total of €2.74 million,including settlements, awards and costs paidin 2002 in respect of 138 claims arisingfrom non-malicious injuries to Gardaí,injuries to civilians on Garda premises, legalactions taken by Gardaí and legal actionsarising from acts or omissions by the GardaSíochána. There were 134 new cases in2002.

Tribunal of Inquiry into the facts andcircumstances surrounding the fatalshooting of Mr. John Carthy atAbbeylara, Co. Longford on 20 April2000On foot of Motions put before the Housesof the Oireachtas by the Minister forJustice, Equality and Law Reform, anindependent Tribunal of Inquiry into the

fatal shooting of Mr. John Carthy atAbbeylara, Co. Longford on 20 April 2000was formally established on 1 July 2002 byan Instrument under the Tribunals ofInquiry (Evidence) Acts, 1921 to 2002.Former High Court Judge, Mr. JusticeRobert Barr, was appointed as its solemember. The Tribunal is currently carryingforward its work, with public hearings set tocommence in February 2003.

Tribunal to inquire into complaintsconcerning some Gardaí of theDonegal DivisionFollowing a Resolution passed by bothHouses of the Oireachtas the instrumentestablishing a Tribunal of Inquiry intoGarda activities in Donegal was signed on24 April 2002. The Tribunal under theChairmanship of Mr Justice FrederickMorris, former President of the HighCourt, commenced its preliminary work inMay. In July, applications for representationfor the various parties involved were heardand public hearings opened with apreliminary statement in DonegalCourthouse in November. The Tribunal isexpected to take about two years tocomplete its work.


Garda Síochána

23


• Funding of €91.056m was secured for theCourts Service for 2002 which allowed theService to continue to provide a highquality service to all court users.

• Manual implementation of the PenaltyPoints system between the Courts Service,Gardaí and Department of Environmentand Local Government for speedingoffences was implemented.

• The Drug Court pilot programme wasevaluated by expert consultants during2002.The Courts Service Board forwardedthe Report and their recommendations tothe Minister in late 2002.

• 17 judges were appointed during 2002 totake account of retirements and additionalposts created.

Other developments

The Courts Service Strategic Plan2002-2005The Courts Service Strategic Plan 2002-2005 was approved by the Minister inDecember 2002 and will be published in

April 2003.

Courts and Court Officers Act, 2002The Courts and Court Officers Act, 2002[No. 15 of 2002] was signed into law on 10April, 2002 (see Page 28 of Chapter 6,Criminal and Civil Law Reform). Amongother things the Act provided for thefollowing increase in judicial numbers : 2High Court Judges, 3 Circuit Court Judgesand 2 District Court Judges. The 3 newCircuit Court Judges were assigned to theFlood Tribunal of Inquiry initially and willserve in that capacity until the Tribunalcompletes its work.Under section 39 of the Courts(Supplemental Provisions) Act, 1961 theMinister made an order dated 1 September,2002 providing for the permanentassignment of an additional Judge of theDistrict Court in Cork City.

Drug CourtsThe Pilot Drug Court Programme, whichwas confined to Dublin's North Inner City,was launched by the Courts Service in theDublin District Court in 2001. The pilotprogramme was evaluated by expert

The Courts

High Level Goal 4

To facilitate the Courts Service in effectively managing the Courts,supporting the judiciary and providing a quality service to all courtusers.


• Ensure that all ministerial functions in relation to the courts are effectively discharged.

• Co-ordinate and integrate the policy objectives of the Minister and the Government across the widercriminal justice system with those of the courts system.

• Ensure that the Courts system has the appropriate administrative infrastructure, systems and resources in place toenable it to provide a high-quality service to the public and to judges, including improved access and facilities forcourt users.

24

consultants who reported to the CourtsService Board on the operation of the pilotscheme. In late October 2002 the Boardforwarded the Report and theirrecommendations to the Minister.

Rules CommitteesFollowing the enactment of legislation,court rules are made by the RulesCommittees of the respective Courts andforwarded to the Department which liaiseswith the Office of the Attorney Generaland the Director of Public Prosecutions, asappropriate, and arranges for the submissionof these rules to the Minister forconcurrence and for publication followingsignature by the Minister.

- District Court RulesTwo new rules were made during 2002by the District Court RulesCommittee:S.I. No : 206 of 2002 - District Court (SexOffenders) Rules 2002S.I. No : 207 of 2002 - District Court(Company Law Enforcement) Rules 2002

- Superior Courts RulesOne new Rule made during 2002 bythe Superior Courts Rules Committee :Rules of the Superior Courts (No. 1)(Renumeration of Committees of Ward ofCourt)( S.I. No. 208 of 2002 refers)

Judicial Appointments during 2002Judges are appointed by the President actingon the advice of the Government. TheMinister for Justice, Equality and LawReform is responsible for bringing toGovernment the names of candidatesrecommended by the JudicialAppointments Advisory Board forappointment as Judges. The Departmentassists the Minister in carrying out thenecessary administrative arrangements.

The overall number of serving SupremeCourt Judges (including the Chief Justice)at 31 December, 2002 was 8. There was 1appointment to the Court during 2002.

The statutory number of Judges in theHigh Court is 27 (including the President).

The number increases to 28 when thePresident of the Law Reform Commissionis a High Court Judge as is currently thecase. There were 5 appointments during2002.

The total number of Judges serving in theCircuit Court (including the President) at31 December 2002 was 31. There were 6appointments to the Circuit Court during2002, which includes 3 Judges who wereassigned to the Flood Tribunal of Inquiry .

The number of Judges (including thePresident) serving in the District Court at31 December 2002 was 53. There were 5appointments to the District Court in2002.


The Courts

25


• Working closely with Prison ServicePersonnel, the business implications of themove of the Irish Prison Service from theDepartment to its new premises inClondalkin were identified; the respectivefuture responsibilities of the Departmentand the Irish Prison Service were agreedand appropriate reporting systems wereput in place to enable the Minister todischarge his responsibilities in regard tothe Prison System. The Prisons andProbation and Welfare Policy Division wasrestructured to reflect the new relationshipwith the Prison Service.

• An Inspector of Prisons and Places ofDetention was appointed on anadministrative basis in April, 2002.

• The Parole Board became fully operationalin Spring 2002.

• A Service Level Agreement Template wasagreed by representatives of the Prison andProbation and Welfare Services.

• The preparation of comprehensive newPrison Rules was progressed significantly.

Other developments

The mission, aims and objectives of thePrison Service are set out in its StrategyStatement for 2001-2003.

The mission, aims and objectives of theProbation and Welfare Service are set outin the Strategy document Advancing ourAim which covers the period 2001 to 2003.

PetitionsThe 1995 High Court Judgement onpetitions stated that the power of clemencywhich the Minister may exercise mustbe used sparingly and only in specialand exceptional circumstances. As aconsequence of applying the High CourtJudgement to the assessment ofpetitions/applications to open a petition,over 99% of petition cases which theMinister adjudicated on in 2002 wererefused.

Prisons and Probation & Welfare

High Level Goal 5

To promote community safety through effective offender managementby both the Prison Service and the Probation and Welfare Service inaccordance with the law and the sentences and sanctions handed downby the courts. To encourage best practice including appropriatemechanisms of accountability for both these Services.


• Progress the process of structural and systems change.

• Ensure that the Prison Service and the Probation and Welfare Service collectively support the aims and objectivesof the Minister and the Government in relation to the management of Offenders.

• Ensure that there is an effective legislative and operational framework underpinning work in the Prisons andProbation and Welfare Service.

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Peace CommissionersPeace Commissioners are appointed by theMinister as the need arises in particularareas. The Office of Peace Commissioner isan honorary one. 84 persons wereappointed as Peace Commissioners in 2002and 131 Peace Commissioners resigned,died or were removed from Office duringthe year. At year’s end the number on theRoll of Peace Commissioners was 6,870.

Parole BoardThe membership of the Board is as follows:

Mr. Gordon Holmes, Holmes O'MalleySexton, Solicitors, Limerick (Chairperson);Ms. Lillian McGovern, Chief Executive ofVictim Support;Ms. Daisy O'Reilly, Member of Board ofManagement of Harristown House,Castlerea;Mr. Tim O'Donoghue, Project Manager,Kerry Diocesan Youth Service Project;Mr. Seán Lowry, Principal Probation andWelfare Officer, Probation and WelfareService;Dr. Charles Smith, consultant psychiatrist,Central Mental Hospital;Ms. Anne O'Gorman, Principal Officer,Prisons and Probation and Welfare PolicyDivision, Department of Justice, Equalityand Law Reform;Mr. Brian Purcell, Director of Operations,Irish Prison Service;Mr. Martin Tansey, former PrincipalProbation and Welfare Officer, Probationand Welfare Service;Mr. Frank McCarthy, former PrisonGovernor.

The Parole Board is advisory in nature - thefinal decision resting with the Minister.TheBoard reviews cases of eligible prisonersserving determinate sentences of more than8 years but less than 14 years at the half of

sentence stage. In the cases of prisonersserving sentences of 14 years or moreincluding life sentences, the Board willreview the case after 7 years of the sentencehave been served.

The Board, which is an independentadvisory body, is located at 31-35 BowStreet, Dublin 7. Three civil servants areassigned to the Board to act as itssecretariat.

PRISON INSPECTORATEMr. Justice Dermot Kinlen, a retired judgeof the High Court, was appointed to thenewly created non-statutory position ofInspector of Prisons and Places ofDetention on 24th April 2002. His termsof reference are, in essence, to inspect andreport to the Minister for Justice, Equalityand Law Reform on all prisons and placesof detention under the aegis of theMinister, in particular on the conditions inthose institutions and on the regimes inplace for prisoners and detainees. TheInspector is also to investigate and report onany specific issue referred to him by theMinister. Copies of the First Annual Reportof the Inspector of Prisons and Places ofDetention as well as four InspectionReports of Cloverhill, Limerick, Mountjoyand Portlaoise Prisons are available on theDepartment of Justice, Equality and LawReform website, www.justice.ie. Theinspections of the four prisons outlined inthe Reports took place during 2002 withmore inspections to take place in 2003.TheOffice of the Inspector of Prisons andplaces of detention is at 1 Lower GrandCanal Street, Dublin 2.The Inspector has astaff of 3 persons assigned to his office.


Prisons and Probation & Welfare

2002 - Petitions/Applications to open a petition

Applications to open a petition (AOPs) received 88

Petitions/AOPs finalised - including cases carried forward from 2001 153

Petitions/AOPs carried forward to 2003 39

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• The current criminal law programmeincludes legislative issues relevant to thisDepartment which have been identified inthe Government’s Legislative Programmewhich in turn includes the commitmentsset out in the Agreed Programme forGovernment. Details of progress on theimplementation of the programme in 2002is set out below. While the LegislativeProgramme is a committed programme ofwork, it is subject to change in response todevelopments both at national andinternational level. For example, following

the events of September, 2001 a higherpriority was given to a number oflegislative provisions relevant to theinternational response to terrorism. Atnational level, the appointment of the new

Government during the year resulted insome re-ordering of legislative priorities inline with Government policy.

• Important laws enacted during the year :-

- Tribunals of Enquiry (Evidence)(Amendment) Act 2002The Act amends the Tribunals ofInquiry (Evidence) Act 1921 to enable aTribunal to exclude the public from ahearing if there is a risk of prejudice tocriminal proceedings. The Act alsoprovides that a tribunal can appointinvestigators to assist it in carrying outits functions, and persons who arerequired to furnish information to aninvestigator are entitled to the sameprivileges and immunities as a witness

Criminal and Civil Law Reform

High Level Goal 6

In accordance with the Government’s programme, policies andpriorities:• to enhance the protection of persons, property and society from

criminality by progressively reforming the criminal law;• to reform the civil law and, through ongoing review, to achieve a

system of law that is responsive to the needs of modern society.


• Complete the programme of criminal and civil law reform contained in the Government Legislation Programme.

• Promote research, as required, into areas of the criminal and civil law and keep abreast of developments in otherjurisdictions to support policy formulation and development.

• Ensure that the criminal and civil law is kept under review and up-to-date and, in this regard, that adequatesystems for consultation are in place with the Department’s main customers.

• Ensure efficient and effective national contribution to the deliberations and achievements of the European Unionand other relevant international bodies in the area of criminal and civil law co-operation.

• Ensure an efficient and effective contribution to deliberations, both within the Department and betweenDepartments, on matters impacting on or likely to impact on the area of civil or criminal law.

28

before the High Court. Statements oradmissions made to an investigator cannot be used as evidence against theperson making them in any criminalproceedings. The person to whom thetribunal is to report may apply to theHigh Court regarding the publicationof the report if it is considered thatpublication would prejudice criminalproceedings that are pending at thetime.

- Courts and Court Officers Act 2002The Courts and Court Officers Act2002 contains a number of provisionsrelating to the Courts, Courts Officersand the Courts Service. These includeprovisions to enable solicitorsof appropriate experience andqualification to be eligible forappointment as judges of the HighCourt and Supreme Court. The Actalso provides for an increase in thenumber of judges in the High, Circuitand District Courts. The way in whichinterest is calculated on legal costs ismodified so as to provide for theapplication of a special low rate ofinterest between the time judgement isgiven and the parties agree costs or acertificate of taxation issues. Provisionsconcerning the good administration ofthe Courts Service are included as anamendment to the Bail Act 1997.

- Solicitors (Amendment) Act 2002The main provisions of the Act are tocurtail advertising which is in bad tasteand is likely to bring the solicitors’profession into disrepute, strengthen thedisciplinary requirement for solicitors,provide remedies for those who fail toco-operate with an investigation and itfacilitates the transposition of the EULawyers Establishment Directive 98/5EC. The Act doubles the size of theDisciplinary Tribunal to cater for anincreased workload and it will berequired to make a separate finding oneach ground of alleged misconduct andto have regard to previous findings ofmisconduct when imposing a sanctionor making a recommendation to the

High Court as to the sanction it shouldimpose.The Tribunal will be required togive reasons for a finding of nomisconduct and there will be a right ofappeal to the Court on all aspects of itswork. It will also be required to informthe Law Society when it receives acomplaint from a member of the publicand the circumstances in which theSociety can send an investigator toinspect documents at a solicitor's officehave been extended.

- Domestic Violence (Amendment)Act 2002 The Act replaces section (4)(3) of theDomestic Violence Act 1996 relating tothe making of interim barring orders exparte which was held unconstitutionalby the Supreme Court. The newsection (4)(3) stipulates that an ex parteorder has effect for not more than eightworking days unless, on application bythe applicant and on notice to therespondent, the ex parte order isconfirmed within that period by orderof the court. Also an application for aninterim barring order must be madeeither on affidavit or on sworninformation and, if the order is made exparte, a note of the evidence giventogether with the court order and theaffidavit or sworn information must beserved on the respondent as soon aspracticable.

• A number of important Bills werepublished during the year :-

- The Criminal Justice (TerroristOffences) Bill 2002 Published in December 2002. This Billwill enable the State to meetcommitments undertaken as part of theinternational community such ascompliance with the EU FrameworkDecision on Combating Terrorism andseveral UN Conventions.

- The Criminal Justice (PublicOrder) Bill 2002Published in February 2002. Thepurpose of the Bill is to strengthen the



29

law in order to deal more effectivelywith late night public disorder anddisturbance which mainly has its originsin alcohol abuse. The Bill provides forthe making of an exclusion order in thecase of persons who are facing aconviction for a public order offenceunder certain provisions of the CriminalJustice (Public Order) Act, 1994. Thisorder will prohibit such persons fromentering or being in the vicinity of thetypes of premises covered by the Bill.The Bill allows the Gardaí to apply tothe District Court for a closure orderwhich will have the effect of limitingthe hours of opening of such premises.The premises in question may berestricted from opening for business forcertain times and periods as the Courtmay determine, for the purposes ofavoiding disorder either on thepremises or in the vicinity.

- Immigration Bill 2002The Bill provides for important changesto general immigration law, inparticular, the introduction of a schemeof carriers liability whereby a carrier isobliged to ensure that each non-national passenger seeking to land in theState or transit a port in the State haswith him or her the appropriate (validpassport and, if necessary, a visa). (Theseprovisions do not apply to arrivals fromwithin the Common Travel Area). TheBill also provides for substantiveamendments to the Refugee Act 1996,for the purpose of the more efficientand effective operation of that Act.

- Data Protection (Amendment) Bill2002The main purpose of the Bill is to giveeffect to the provisions of Directive95/46/EC of 24 October 1995 on theprotection of individuals with regard tothe processing of personal data and onthe free movement of such data. TheBill amends and extends the DataProtection Act 1988 to cover certainmanual as well as computerisedpersonal data, and attaches additionalconditions to the processing of personal

data. In addition, the Bill strengthensindividuals' rights, particularly inrelation to the processing of theirpersonal data, and sets out newconditions in relation to the transfer ofpersonal data to countries andterritories outside the EuropeanEconomic Area. The Bill was passed bythe Seanad on 24 April 2002, andSecond Stage in the Dáil wascompleted on 24 October 2002.

• A number of Bills were progressed in2002:-

- Proceeds of Crime (Amendment)Bill 1999Published in November 1999. The Billwill amend the Proceeds of Crime Act1996 in a number of technical respectsarising from the experience of theCriminal Assets Bureau in operating theAct.

- Criminal Justice (Illicit Traffic bySea) Bill 2000Published in April 2000.The purpose ofthe Bill is to give effect to the Councilof Europe Agreement on Illicit Trafficby Sea implementing Article 17 of theUnited Nations Convention againstIllicit Traffic in Narcotic Drugs andPsychotropic Substances. An agreedmethod of dealing with the issue ofshared jurisdiction among Conventionstate ships suspected of drug traffickingoffences on the high seas is established.The flag state, that is the state where theship is registered, is given preferentialjurisdiction.The Bill also makes certainamendments to Part V of the CriminalJustice Act 1994 to allow Irishenforcement officers to take action inIrish territorial waters againstConvention state vessels which aresuspected of drug trafficking offenceswithout the necessity of obtaining theconsent of that state.

- Criminal Justice (TemporaryRelease of Prisoners) Bill 2001Published in March 2001.The purposeof this Bill is to amend the Criminal



30

Justice Act 1960, to provide a clearerlegislative basis for the Minister’s powerto grant temporary release by settingdown the principles which will apply tothe exercise of this power.

- Private Security Services Bill 2001The Bill provides for the establishmentof a Private Security Authority whichwill control and supervise providers ofprivate security services with a view toensuring that high standards aremaintained and developed. Theprincipal function of the Authority willbe to operate a licensing system in orderto control access to the sector and tomaintain and improve standards withinthe sector. Second Stage wascompleted in the Dáil on 13 December2002.

• Bills under preparation during 2002:-

The International Criminal CourtBillCrimes BillEuropean Union (European ArrestWarrant) BillCommissions of Investigation BillCriminal Justice (International Co-operation) BillCriminal Justice (Joint Investigation Teams) BillEnforcement of Fines BillFines BillCriminal Justice (Protection of Confidential Information) BillCriminal Justice (Miscellaneous Provisions) BillCriminal Justice (Garda Powers) BillPrison Service BillProceeds of Corruption BillDrug Offenders BillTelecommunications (Retention ofTraffic Data) BillDPP appeal against unduly lenientsentences in the District Court BillDefamation BillContractual Obligations (Applicable Law) BillCoroner's Bill

Courts (Miscellaneous Provisions) BillDormant Funds (Courts) BillLandlord and Tenant (Miscellaneous Provisions) BillFamily Law (Pensions) BillImmigration and Residence BillIntoxicating Liquor BillGaming and Lotteries BillGround Rent Bill

• An important component of effectivecriminal law is that it is kept under review.The Law Reform Commission (LRC) hasa specific and important role to play in thisarea and the Department continues to liaiseclosely with the LRC in relation to itswork. The Department also sponsoredresearch into a number of areas and inconjunction with relevant parties, keptunder review the operation of certainlegislative provisions as well as maintainingcontact with relevant organisations atnational and international level.

Other developments

Statutory Regulations made in 2002:-

- Extradition (European UnionConventions) Act 2001(Commencement) Order 2002S.I. No. 85 of 2002: This Order broughtthe Act into force with effect from 20March 2002.

- Criminal Justice Act 1994 (section57A) Order 2002S.I. No. 101 of 2002: This Orderdesignates Nauru as a state that in theopinion of the Minister has not in placeadequate procedures for the detectionof money laundering, and came intooperation on 2 April 2002.

- Children Act 2001 (Commencement)Order 2002S.I. No. 151 of 2002: This Orderbrought into operation certain parts andprovisions of the Children Act 2001with effect from 1 May 2002.



31

- Criminal Justice Act 1994 (section46(1)) Order 2002S.I. No. 152 of 2002: This Orderdesignated, with effect from 23 April,2002, an additional 18 countries whoseconfiscation orders may be enforced byIreland arising from their becomingparty to the UN Convention againstIllicit Traffic in Narcotic Drugs andPsychotropic Substances and/or theCouncil of Europe Convention onLaundering, Search, Seizure andConfiscation of the Proceeds fromCrime.

- Criminal Justice Act 1994 (section47(1)) Order 2002S.I. No. 153 of 2002: This Orderdesignated, with effect from 23 April,2002, an additional 18 countries whoseforfeiture orders may be enforced byIreland arising from their becomingparty to the UN Convention againstIllicit Traffic in Narcotic Drugs andPsychotropic Substances and/or theCouncil of Europe Convention onLaundering, Search, Seizure andConfiscation of the Proceeds fromCrime.

- Criminal Justice Act 1994 (section55(1)) Order 2002S.I. No. 154 of 2002: This Orderdesignated, with effect from 23 April,2002, an additional 22 countries whoserequests for the search and seizure ofevidence in the investigation of anoffence under law may be executed inIreland, to the extent that there wouldbe a power of search and seizure inrespect of similar conduct in Ireland.The countries in question weredesignated arising from their becomingparty to the UN Convention againstIllicit Traffic in Narcotic Drugs andPsychotropic Substances, the EuropeanConvention on Mutual Assistance inCriminal Matters or the UNConvention against Torture and OtherCruel, Inhuman or DegradingTreatment or Punishment.

- Criminal Justice (Theft and FraudOffences) Act 2001 (Commencement) Order 2002S.I. No. 252 of 2002: This Orderbrought into operation, with effect from1 August 2002, the remaining provisionsof the Criminal Justice (Theft and FraudOffences) Act 2001 (other than section57, which deals with provision ofinformation to juries) which were notalready in operation.

- Prevention of Corruption(Amendment) Act 2001(Commencement) (No. 2) Order2002S.I. No. 477 of 2002: This Orderbrought into operation, with effectfrom 11 October 2002, section 4 (2) (c)of the Prevention of Corruption(Amendment) Act 2001.This subsectionprovides for a presumption ofcorruption in certain circumstances inrelation to functions under the planningcode.

- European Communities (PersonalInsolvency) Regulations 2002S. I. No. 334 of 2002: TheseRegulations are intended to facilitatethe operation of Council Regulation(EC) No. 1346/2000 of 29 May 2000on Insolvency Proceedings, insofar asthey concern personal insolvency. TheRegulations set out the necessaryamendments to domestic legislation(the Bankruptcy Act of 1988) and makenecessary provisions for the goodadministration of the CouncilRegulation, which came into effect on31 May, 2002. (The facilitation of theoperation of the Council Regulationwith regard to corporate insolvency isset out in Statutory Instrument No. 333of 2002.)

- European Communities (Civiland Commercial Judgements)Regulations 2002S. I.No. 52 of 2002:Council Regulation(EC) No. 44/2001 on jurisdiction andthe recognition and enforcement ofjudgements in civil and commercial



32

matters entered into force on 1 March2002. The Minister for Justice, Equalityand Law Reform made Regulationsentitled the European Communities(Civil and Commercial Judgements)Regulations, 2002 which set out theeffect on domestic legislation of theBrussels I Regulation and make thenecessary provisions for its goodadministration.

- Courts and Court Officers Act 2002 (Sections 19 to 21)(Commencement) Order 2002S.I. No. 407 of 2002: Courts and CourtOfficers Act 2002 (Sections 19 to 21)(Commencement) Order 2002,provided for the coming into force on 1October 2002 of:

(i) section 19 - Extension ofjurisdiction of Circuit Court andDistrict Court under section 21A ofFamily Law (Maintenance ofSpouses and Children) Act, 1976;

(ii) section 20 - Extension ofjurisdiction of Circuit Court andDistrict Court under section 23 ofFamily Law (Maintenance ofSpouses and Children) Act, 1976;and,

(iii)section 21 - Extension ofjurisdiction of Circuit and DistrictCourt under Guardianship ofInfants Act, 1964.

- Courts and Court Officers Act 2002(Section 22) (Commencement)Order 2002S.I. No. 451 of 2002: Courts and CourtOfficers Act 2002 (Section 22)(Commencement) Order 2002 providesfor the coming into force on 1 October2002 of Section 22 of the Courts andCourt Officers Act 2002. Section 22 ofthe Courts and Court Officers Act 2002confers powers on County Registrarswhich extend and are in addition tothose conferred on them by the Courtsand Court Officers Act 1995.

Note: Secondary legislation has not yetbeen enacted in respect of sections 13 to

18 inclusive (jurisdiction provisions) andsection 46 (Register of ReservedJudgements) of the Courts and CourtOfficers Act 2002.

- Irish Nationality and CitizenshipAct 2001 (Commencement) Order,2002S.I. No. 128 of 2002: This Ordercommences all remaining sections ofthe Irish Nationality and CitizenshipAct, 2001 with effect from 30November 2002.

- Irish Nationality and Citizenship(Declaration of Citizenship)Regulations 2002S.I. No. 196 of 2002: These Regulationsprescribe the forms to be used by aperson born in Ireland who wishes tomake a declaration that he or she is anIrish citizen as provided for in section 6of the Irish Nationality and CitizenshipAct 1956 (amended by section 3 of theIrish Nationality and Citizenship Act2001).

- Irish Nationality and CitizenshipRegulations, 2002S.I. No. 567 of 2002: The Regulationsprescribe the procedure to be followedand the forms to be used by personswho make declarations for the purposesof the Irish Nationality and CitizenshipAct 1956 to 2001, or who apply forcertificates of naturalisation. They alsoprescribe the form of certificates ofnaturalisation which the Minister maygrant, and the form of notice in IrisOifigiúil of the grant of a certificate ofnaturalisation (S.I. No 196 of 2002 isrevoked and replaced by theseRegulations).

- Refugee Act 1996 (Appeals)Regulations 2002S.I. 571 of 2002: These Regulationsrevoke and replace the Refugee Act,1996 (Appeals) Regulations, 2000 (S.I.No. 342 of 2000). The Regulationssupplement in detail the procedures setout in section 16 of the Refugee Act1996 in relation to the determination by



33

the Refugee Appeals Tribunal of appealsagainst recommendations of theRefugee Applications Commissioner onapplications for recognition as a refugee.

- Solicitors (Amendment) Act 2002(Commencement) Order 2002S.I. No 494 of 2002: This orderprovides for the coming into force ofspecified provisions of the Solicitors(Amendment) Act 2002.

Resolutions approved by theHouses of the Oireachtas in 2002:-

- European Union ConventionsResolutions in accordance with Article29.5.2 of the Constitution wereapproved by Dáil Éireann approving theterms of the 1995 Convention onSimplified Extradition Procedures andthe 1996 Convention on Extradition.Both Conventions were subsequentlyratified by Ireland.

- Council Framework DecisionsResolutions in accordance with Article29.4.6 of the Constitution wereapproved by both Houses of theOireachtas approving the exercise by theState of the options or discretionsprovided by Article 1.11 of the Treaty ofAmsterdam to take part in the adoptionof proposals for Council FrameworkDecisions on Joint Investigation Teams,Combating Trafficking in HumanBeings, Combating the SexualExploitation of Children and ChildPornography and on the strengtheningof the penal framework to prevent thefacilitation of unauthorised entry, transitand residence.

- Council DirectiveA resolution in accordance with Article29.4.6 of the Constitution was approvedby both Houses of the Oireachtasapproving the exercise by the State ofthe option provided by Article 4 of theFourth Protocol to the Treaty ofAmsterdam in relation to the Directiveon defining the facilitation ofunauthorised entry, transit andresidence.

Developments in European Union andInternational LawIn recent years work at EU level in the areasof criminal and civil law co-operation hasexpanded significantly and this continuedin 2002 creating new demands forparticipation in the negotiation of EU andother international instruments,participation in various internationalmonitoring mechanisms and theproduction of legislative proposals atnational level to meet our internationalobligations. Instruments under negotiationor adopted during the year included aCouncil Framework Decision oncombating tra

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