DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM
DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Working for a Safer, Fairer Ireland
Working for a Safer, Fairer Ireland ANNUAL REPORT 2007
DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Working for a Safer, Fairer Ireland
Pinebrook House, 71/74 Harcourt Street, Dublin 2 Bishop’s Square, Redmond’s Hill, Dublin 2 Montague Court, Montague Street, Dublin 2
Tel: 01-6028202 ANNUAL REPORT 2007 Fax: 01-6615461 Lo-Call: 1890 221 227 Website: www.justice.ie Email: [email protected] Department of Justice, Equality and Law Reform Pinebrook House, 71/74 Harcourt Street, Dublin 2 Bishop’s Square, Redmond’s Hill, Dublin 2 Montague Court, Montague Street, Dublin 2
Tel: 01-6028202 Fax: 01-6615461 Lo-Call: 1890 221 227 Website: www.justice.ie Email: [email protected]
Office of the Minister for Integration Dún Aimhirgin, 43-49 Mespil Road, Dublin 4
Minister’s Office & Secretary General’s Office 94 St. Stephen’s Green, Dublin 2
Irish Naturalisation and Immigration Service (INIS) 13-14 Burgh Quay, Dublin 2
Tel: 01-6167700 Lo-Call: 1890 551 500
Financial Shared Services Killarney, Co. Kerry Tel: 064-70300
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This document is available on the Department’s website www.justice.ie
Copies of this document may be obtained from: Organisation Development Unit, Department of Justice, Equality and Law Reform, Pinebrook House, 71/74 Harcourt Street, Dublin 2
An Irish version of this document is also available.
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2 ANNUAL REPORT 2007
CONTENTS
Foreword by the Minister for Justice, Equality and Law Reform Brian Lenihan, T.D 4
About the Department of Justice, Equality and Law Reform 6
Introduction by Secretary General 7
High Level Goals 9
1. Tackling Crime 11
2. Developing Criminal Justice Services 22
3. Asylum, Immigration and Citizenship 27
4. Promoting a Fair, Tolerant and Caring Society 33
5. Contributing to a Secure and Peaceful Society 38
6. Civil Law Reform 41
7. Business Delivery and Modernisation 45
Appendices:
Appendix 1: Organisation Chart 51
Appendix 2: Annual Output Statement 2008 52
Appendix 3: Asylum and Immigration Tables 68
ANNUAL REPORT 2007 3
FOREWORD BY MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM BRIAN LENIHAN, T.D.
Minister of State Minister of State Minister of State Minister of State Brendan Smith, T.D. Conor Lenihan, T.D. Jimmy Devins, T.D. Seán Power, T.D.
This is the first Annual Report to be presented by me as Minister. The Department of Justice, Equality and Law Reform, through its programmes and activities, touches the lives of our citizens in many ways. I am extremely aware of the great responsibility and indeed honour that has been placed on me to reform our laws, bring accountable government to the people, and meet the many challenges that arise. The Government has set me as Minister, and the Department as a whole, a challenging agenda in terms of our shared commitments under the Agreed Programme for Government, the National Development Plan and Towards 2016. This Annual Report sets out the progress we have achieved looking forward to what is a five-year programme of change and development. Our aim, as ever, is to make Ireland a safer and more equitable society for the benefit of all. Tackling crime remains a key priority. An Garda Síochána has never been better equipped, better resourced and better organised to respond to ever-changing crime patterns. My appointment as Minister also coincides with the appointment of a new Garda Commissioner. I wish him well and look forward to working closely with him as we deepen the structural and organisational reform of the Force and proceed with a modernisation agenda. The creation of the Garda Reserve, the major civilianisation programme and the continuing accelerated recruitment to the Force all serve to create a highly-visible, community-focused, front-line policing organisation. The accountability mechanisms provided under the Garda Síochána Act are now fully operational and also contribute significantly to enhancing the effectiveness of the Force. The modernisation plans for our prisons continued apace in 2007. Important new security arrangements have been put in place which will ensure that those sentenced by the courts are properly supervised and do not have the opportunities to continue their criminal activities from behind bars. These arrangements will also tackle the scourge of drug abuse in our prisons. The Prisons Act 2007 was signed into law on 31 March 2007 and is key to the ongoing modernisation and reform of the Prison Service. We now have a statutory Inspector of Prisons, and new Prison Rules encompassing best international practice came into effect on 1 October 2007. The Rules represent the first major review of prison regulations since 1947. Necessary new building projects, including the Thornton Hall replacement for Mountjoy, were progressed to an aggressive timeframe with a preferred bidder identified in April 2007. The Thornton Hall site is the single largest capital project ever undertaken by the Department and a special statutory development consent process enacted in the Prisons Act, 2007 applies to the project. The Irish Youth Justice Service is now a key component of my Department and, under the Children Act, 2001, the new Irish Youth Justice Service was established with a view to modernising and reforming youth justice provisions. It provides an overarching strategic plan governing the operational relationship of key stakeholders. Cosc - the National Office for the Prevention of Domestic, Sexual and Gender-based Violence - was set up in June 2007. This is the first time there has been a dedicated Government office with the key responsibility to ensure the delivery of a well co-ordinated “whole of Government” response to domestic, sexual and gender-based violence. Improving the effectiveness and integrity of the State’s Immigration system continued to be addressed in a comprehensive manner in 2007 through the Irish Naturalisation and Immigration Service (INIS). The Immigration, Residence and Protection Bill 2007 set out a legislative framework for the management of inward migration to Ireland and represented a comprehensive overhaul of the State’s immigration and protection laws dating back to the Aliens Act of 1935. Important infrastructural developments were advanced which will afford better customer service provision and protection of national security and border protection. We have seen great strides in the developing normalisation of governance arrangements in Northern Ireland and we can record that the goal of achieving a secure and peaceful society there is well and truly advanced. The progress outlined in this Annual Report reflects well on the dedication and commitment of the staff of the Department, its agencies and associated bodies. On my own behalf, and on behalf of my Ministers of State, I would like to thank everyone concerned.
Brian Lenihan, T.D. Minister for Justice, Equality and Law Reform
ANNUAL REPORT 2007 5 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM
The Department of Justice, Equality and Law Reform’s work programme upholds the highest values and addresses the deepest concerns of our society. Our collective mission is to help make Ireland a safer and fairer place in which to live and work, visit and do business. The remit of the Justice family of agencies and services stretches across a range of human concerns and touches on every aspect of national life from child protection and involvement in Inquiries and Tribunals to all elements involved in crime and punishment and the courts system, from the buying and selling of property to a range of immigration services and the areas of disability and diversity. On the international front, the Minister and the Department manage the interests of Ireland in relation to Justice and Home Affairs matters by participating fully in the European Union, the Council of Europe and the United Nations.
Department Structure The Department is structured around ten areas. Each area is comprised of one or more Divisions and is headed by a member of the Management Advisory Committee:
Ë Crime, Security and Northern Ireland, Mutual Assistance and Extradition
Ë An Garda Síochána
Ë Prisons and Probation and Welfare Policy
Ë Criminal Law Reform and Human Rights
Ë Civil Law Reform, Courts Policy, Equality and Disability
Ë EU/International Matters
Ë Asylum, Immigration and Citizenship
Ë Reception and Integration Agency
Ë Youth Justice
Ë Human Resources, Corporate Services, Organisation Development, Project Development, Finance, Internal Audit and IT
Across all its votes the Department was responsible for a budget of � 2.45bn in 2007 which compares to a budget of � 2.21bn in 2006.
6 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM INTRODUCTION BY THE SECRETARY GENERAL SEÁN AYLWARD
2007 was a year of considerable endeavour and extensive activity by our Department. We hope this document reflects the character of the work we carry out on behalf of the people and Government of Ireland.
I want to record here the deep loyalty and commitment demonstrated by our staff at all levels, day in day out, at all hours, throughout the year under review.
We may not have reached every target we set ourselves for 2007. However, I am confident that a “safer, fairer Ireland” will result from our efforts during the year. Ours is a rather complex organisation but the values of honesty and courtesy are central to every task we are called upon to carry out.
We will continue to strive to achieve higher levels of performance within our organisation in 2008. We look forward to recording further solid progress by year’s end.
Finally, I want to acknowledge here the wonderful co-operation we experienced in the past year with the leadership and staff at all levels in the many agencies which make up the Justice “family”. We are proud to be associated with our colleagues as they work to administer justice and uphold human rights in so many different spheres and settings – even if we occasionally have different perspectives on specific issues!
Seán Aylward Secretary General
ANNUAL REPORT 2007 7 Annual Output Statement 2008 There are 9 Programmes listed in our Annual Output Statement (see Appendix 2):
1. Community Security, Law Enforcement, Crime Prevention by Support for An Garda Síochána 2. The Maintenance of Safe and Secure Custody for Offenders by Support for the Prison Service 3. Management of the Courts and Supporting the Judiciary 4. The Promotion of a Safe Society through the Provision of a Wide Range of Justice Services 5. The Promotion of a Tolerant and Equitable Society 6. The Provision of Asylum/Immigration and Related Services 7. The Provision of Probation Services 8. The Provision of a Coherent, EffectiveYouth Justice Service 9. The Provision of Property Registration Services
We have aligned our High Level Goals as far as is practicable to reflect the programmes of the Annual Output Statement as follows:
High Level Goal Programme
1. Community Security, Law Enforcement, 1. Tackling Crime Crime Prevention by support for An Garda Síochána
2. The Maintenance of Safe and Secure Custody for Offenders by support for the Prisons Service 3. Management of the Courts and supporting the Judiciary 2. Developing Criminal Justice Services 7. The Provision of Probation Services 8. The Provision of a Coherent, Effective Youth Justice Service 9. The Provision of Property Registration Services
6. The Provision of Immigration and Related 3. Asylum, Immigration and Citizenship Services
4. Promoting a Fair, Tolerant and Caring 5. The Promotion of a Tolerant and Equitable Society Society
4. The Promotion of a Safe Society through the 5. Contributing to a Secure and Peaceful Provision of a Wide Range of Justice Society Services
Note - Civil Law Reform is included in 6. Civil Law Reform Programme 5
7. Business Delivery and Modernisation Across all Programmes
8 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM HIGH LEVEL GOALS
1. Tackling Crime We will continue to develop effective anti-crime policies, implement effective and balanced laws – in line with our human rights and international obligations - and work to ensure visible policing of our communities and enforcement of the law.
2. Developing Criminal Justice Services We will further advance our structural and service reforms in An Garda Síochána, Courts, Prisons and Probation to enable those agencies implement their mandates in the most effective and efficient way possible.
3. Asylum, Immigration and Citizenship We will continue to implement Government commitments in relation to asylum, immigration and citizenship matters in addition to updating, as necessary, the legislative base in this area, enhancing a “whole of Government” approach.
4. Promoting a Fair, Tolerant and Caring Society We will promote the development of a caring, tolerant and fair society through the implementation of appropriate policies.
5. Contributing to a Secure and Peaceful Society We will contribute to securing a lasting settlement to the Northern Ireland conflict and achieving a secure and peaceful society.
6. Civil Law Reform We will continue to reform our civil laws and provide for improved regulatory systems where required.
7. Business Delivery and Modernisation We will support the delivery of the Department’s business objectives through the effective use of our resources and the implementation of modernisation commitments under the Sustaining Progress and “Towards 2016” Agreements.
ANNUAL REPORT 2007 9
TACKLING CRIME
Tackling Crime in all its forms is a top priority for this Department. We remain committed to taking whatever actions are necessary to reduce the level of crime in our society and to make our communities and our streets safer. This High Level Goal brings together a number of strategies which have been framed to deliver commitments intensifying the fight against drugs and organised crime; continuing to enforce public order; ensuring effective and visible policing; implementing stronger anti-crime laws; giving effect to our international obligations to combat all forms of crime including human trafficking; modernising and reforming the youth justice system; regulating and controlling the use of firearms and explosives; supporting victims of crime; addressing domestic and sexual violence; road safety and implementation of traffic laws.
ANNUAL REPORT 2007 11 TACKLING CRIME
PROGRESS MADE IN THESE AREAS DURING 2007 POLICING RESOURCES and related issues. In 2006, 22 Committees were At 31 December 2007, there were 13,755 attested established in a pilot phase, and in 2007 a further 7 members of An Garda Síochána with a further 1,043 Committees were established. The Minister intends students in training. In addition there were 217 to roll-out the Committees to all local authorities in attested reserve members and 74 reserve trainees. the State as early as possible in 2008. In November The current accelerated intake of approximately 2007 a consultation seminar, bringing together 1,100 new recruits per annum continues towards representatives of the participants in the 29 achieving a total of 15,000 attested Gardaí in 2010, Committees in the pilot phase, was convened by the whilst recruitment of reserve members continues Ministers of Justice, Equality and Law Reform and towards a target strength of 1,500. Environment, Heritage and Local Government. The seminar considered the experience gained in the An increase in the retirement age for Gardaí, operation of the pilot Committees and made Sergeants and Inspectors from 57 to 60 was recommendations to enable the roll-out and future introduced in late 2006 which allows experienced operation of the Committees to take place as Gardaí to remain in the Force with the benefit of efficiently as possible. their expertise being available to the Commissioner. Operation Anvil continued to be central to the An Garda Síochána is committed to achieving the strategy of An Garda Síochána in combating serious greatest level of civilianisation consistent with the crime, murder in particular, and notable efficient and effective functioning of the improvements were achieved in the recorded number organisation. The number of civilian staff increased of incidents of crime being targeted. A significant to a total of 2,281 at 31 December 2007. The increase in resources which was approved in 2007 civilianisation of An Garda Síochána continued resulted in the seizure of a substantial quantity of throughout the year with approval being granted for drugs, guns and ammunition and the targeting of the employment of a further 300 civilian support criminals who travel around the country to commit staff, thus supporting the redeployment of burglaries and other offences. uniformed Gardaí to outdoor operational duties outside the Greater Dublin area. The procurement process for the new digital radio system which will be used by the Gardaí and other In line with recommendations of both the Advisory emergency services is well advanced. The roll-out Group on Garda Management and Leadership and of the service is being delivered in two phases. The the Garda Inspectorate, a civilian Chief first phase, a service performance evaluation in an Administrative Officer and a civilian Director of area covering parts of Dublin, including the Port and Communications were appointed to An Garda Airport and north into Co. Meath, was completed Síochána. Sanction was also obtained for the in 2007. The second phase will see full nationwide recruitment of an Executive Director of Human roll-out which is expected to be completed within a Resources, a Director of Change Management, a period of two years. The new National Digital Radio Director of ICT and a Head of Legal Affairs. Service will offer a broad range of services and advantages over existing analogue systems Funding of �14 million has been made available including: under the National Development Plan 2007-2013 • increased security of digital radio services for the purpose of facilitating Joint Policing • increased protection for Garda officers on Committees and Local Policing Fora over the period operational duty of the Plan. Joint Policing Committees are provided • improved voice quality over analogue systems for by the Garda Síochána Act 2005 and enable • increased radio coverage An Garda Síochána, locally and nationally elected • coverage for air and offshore support representatives, officials from local authorities and • communication with other emergency services, representatives from local communities to work mobile and land lines together in partnership to address local policing • interoperability with other police forces
12 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM The first phase of the new Automated Fingerprint uniformed duties until activated in response to a Identification System for An Garda Síochána and the critical incident. Irish Naturalisation and Immigration Service (INIS) was launched in November 2007. The advantages of During 2007 the distribution took place of anti-stab this system, which is being delivered on a phased or anti-ballistic personal protection vests for basis, include an enhanced ability to identify members of An Garda Síochána. In order to matches from poorer quality or smaller marks lifted enhance their personal safety while on duty, Gardaí at crime scenes, the ability to capture and store full are now required to wear the personal protection sets of palm prints and improved rate of “hits” due vests. to its ability to process a higher quality image of captured fingerprints. This new system replaces the In February 2007 a new National Standards existing system in the Garda Technical Bureau and Authority of Ireland (NSAI) standard for best has also been installed at the Office of the Refugee practice in the cash in transit industry was launched. Applications Commissioner (ORAC) allowing for the It provides specifications for quality management electronic taking and exchange of fingerprint data systems in the cash in transit industry. In conjunction on persons seeking asylum with the central EU with Garda Technical Advisory Group security fingerprint database repository – EURODAC. Units procedures, the NSAI standard is being used as a have also been installed at Store Street Garda basis for licensing by the Private Security Authority. Station in Dublin, the Bridewell Station in Cork and at Mountjoy Prison. Roll-out of the system to A Memorandum of Understanding was signed by the Garda National Immigration Bureau and full the Minister with the banking industry concerning integration of the new system with the Garda PULSE the costs to An Garda Síochána of providing cash system will be delivered in 2008. escorts. This Memorandum details the precise costing methodology to be employed in calculating Other Garda information technology projects which the cost of providing cash escorts. It also provides for commenced or were progressed in 2007 include: close to full recovery from the banking industry of the • the procurement of a new Automated Ballistics costs of cash escorts. Identifications System which is due to be commissioned in 2008 A new Garda National Age Card with enhanced • the development of a Major Investigations System security features was launched in April 2007. The which will provide significant support to the new age card has been introduced to keep in step Force during large scale investigations such as with technological advances and to ensure that it is murder enquiries and missing persons cases and protected against forgery or alteration. This is an • the development of an Automated Number important and powerful aid in dealing with the Plate Recognition System which will help An problem of underage drinking. Garda Síochána in their efforts to deny the use of the roads to perpetrators of crime. Tackling all forms of crime remains a priority for the Department. One of the ongoing elements of The addition of conductive electric devices to the this commitment is the continued funding of the range of less lethal weapons available to the Garda State’s Witness Security Programme. Although the Emergency Response Unit (ERU) was authorised by operation of the Programme is a matter solely for the the Government. Reflecting a recommendation by Gardaí, the Department is committed to maintaining the Garda Inspectorate, the Garda Commissioner is its effectiveness through the provision of adequate establishing primary response teams in each Garda funding. The amount allocated in 2007 represents region outside Dublin. These Regional Support an increase of 2.3% over the 2006 allocation. Units (RSUs) will act as initial responders to critical incidents pending the deployment of the ERU. These teams will be manned by specially trained and equipped personnel who will carry out regular
ANNUAL REPORT 2007 13 CRIME STATISTICS The commencement of the Children Act 2001 was Crime statistics issued by the Central Statistics completed. A National Youth Justice Strategy was Office showed that headline crime – the most prepared and developed in consultation with key serious crime – rose in 2007 by 1.7%. This is stakeholders to cover the period 2008-2010. It is equivalent to 24.2 offences per 1,000 population, intended to publish the Strategy in 2008. compared to 24.3 in 2006 and 24.7 in 2005. • There were 84 homicides in 2007. The New Garda Youth Diversion Projects established detection rate in the case of murder was 68% brought the total number of projects operating and 100% in the case of manslaughter. nationwide to 100. The target of establishing this • Murders involving firearms – which are number of projects by end 2007 has been met. New predominantly gangland related – were projects will continue to be put in place each year significantly reduced from 26 in 2006 to 18 in to meet the targets set out in the Programme for 2007. Government (doubling of the number of projects in • There was a substantial increase in drug place bringing the total number of projects to 168). detection, with an increase of 58.5% in the detection of the cultivation, manufacture and Responsibility for the management of children importation of drugs for sale or supply. detention school facilities was transferred on 1 • While complex issues surround the March 2007 from the Department of Education and willingness of victims to report sexual offences, Science to the Irish Youth Justice Service. The four there was a decrease of 10.7% in such offences. detention schools for which the IYJS has assumed • The number of burglaries, which represented responsibility are: Finglas Child and Adolescent 22% of all headline crime, decreased by 5.4%. Centre; Oberstown Boys School; Oberstown Girls • The number of robberies of an establishment/ School and Trinity House School. The Children Act institution was down 26.5%, and extended the children detention school model to robbery of cash/goods in transit was down 35% all persons under 18 years of age (from 16 years during the year. of age). However, as an interim measure, the Act • The overall detection rate for headline provides that 16 and 17 year old boys may continue offences for 2007 at year end was 41%, a slight to be detained in St. Patrick’s Institution pending increase on the detection rate of 40.4% at the development of facilities to accommodate them in end of 2006. the children detention schools. The cross-departmental Expert Group on Children’s In 2007, 675 incoming requests for Mutual Legal Detention Services, which was established in April Assistance in criminal matters were received 2006 to plan for the redevelopment of existing compared to 444 in 2006. There were 314 detention facilities and the development of new outgoing requests for mutual legal assistance in facilities for all offending children under 18 years, 2007 compared to 237 in 2006. submitted its final report to the Minister for Children in December 2007.
YOUTH JUSTICE A range of new Community Sanctions for children Major investment in the youth justice system was to be operated by the Probation Service was secured under the National Development Plan introduced thus giving the Courts more alternatives 2007-2013. �104 million has been allocated for the to custody for young people who offend. development of restorative justice and alternative to custody programmes; �120 million to Garda Youth Diversion Projects and �143 million for the ANTI – SOCIAL BEHAVIOUR development of children detention schools. These Part 11 of the Criminal Justice Act 2006, which monies will be made available over the lifetime of provides for civil proceedings in relation to the Plan. anti-social behaviour by adults, was commenced on 1 January, 2007. Part 13 of the Act relating
14 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM to anti-social behaviour by children commenced FIREARMS AND EXPLOSIVES on 1 March, 2007. These provisions set out an The Criminal Justice Act 2006 introduced incremental procedure for addressing anti-social substantial reforms to the law in relation to legally behaviour by adults and children. With regard held firearms. It addresses such matters as the to children, these range from a warning from a firearm certification process, the authorisation of member of An Garda Síochána, to a good behaviour rifle and pistol clubs and shooting ranges and the contract involving the child and his or her parents or registration of firearms dealers. A Project Board, guardian, to referral to the Garda Juvenile Diversion chaired by an Assistant Commissioner of An Programme and to the making of a behaviour order Garda Síochána and comprising members of the by the Children’s Court. In 2007, 443 behaviour Department and the Gardaí, was set up in 2007 warnings were issued to adults and 132 to and is actively addressing the issues which need children. Four good behaviour contracts were to be put in place before remaining provisions of issued to children. the Criminal Justice Act 2006 can be commenced. The Act also provides that firearms certificates and The Department’s anti-graffiti pilot project (initiated certificates of registration in the Register of Firearms in July 2006), was subject to an evaluation in 2007 Dealers will be renewable every three years from by the Institute of Criminology, UCD. The the date of issue/registration and not on an annual evaluation noted a largely positive reaction to the basis as heretofore. The Minister established a project at local level. Building on the evaluation Consultative Panel in 2007 comprising members report and recommendations therein regarding of hunting and sporting interest groups, An Garda the need for implementation to be devolved and Síochána and relevant Government Departments to managed locally, a new scheme to be managed assist with the introduction of the different elements by Pobal was devised for roll-out in 2008. This will of the new licensing system. involve the ongoing management of a broader community orientated Anti-Graffiti Scheme. It will The Explosives Legislation Review Group prepared involve making funding and/or services available Heads of a Bill to replace the current Explosives Act to a wider range of actors. It will supplement the 1875. Consultation took place with all Government resources already in place and at the disposal of Departments in relation to a draft Memorandum for local authorities. It is envisaged that Pobal will Government concerning the proposed Bill. Work develop the scheme by inviting and developing also continued on the drafting of associated bids from particular areas to tackle graffiti in an Regulations and Code of Practice. integrated manner. Government approval was obtained for a new Stores for Explosives Order 2007 (S.I. No. 804 of 2007) ROAD SAFETY which replaces and revokes the existing Stores The Department contributed to the preparation of for Explosives Order 1955 (S.I. No. 42 of 1955). the new Road Safety Strategy which covers the The Order regulates the licensing, construction, period 2007-2012. This Strategy was developed operation, separation distances, fire and explosion by the Road Safety Authority and launched by the assessment and safety measures associated with Minister for Transport in October 2007. stores for explosives as licensed by the local authorities. The Department oversaw an increase in the number of Traffic Corps personnel on a phased basis over A third Government Inspector of Explosives (GIE) the year, so that by the end of 2007 the Traffic Corps who will combine the roles of an Explosives had a complement of 946. Increased enforcement, Inspector (as provided for under Section 53 of the including mandatory alcohol testing, contributed to Explosives Act 1875) and a Firearms Range a decrease of 27 (or 7%) in the number of people Inspector (as provided for under Section 34 of the killed on the roads in 2007 compared to 2006. Criminal Justice Act 2006), was appointed.
ANNUAL REPORT 2007 15 The Department participated at EU Council and Working Groups and technical committees and Cosc, the National Office for the Prevention of was represented at EU/UN meetings on explosives Domestic, Sexual and Gender-based Violence, was directives, and transport of dangerous goods. established in June 2007. This is the first time there Negotiations finalised in 2007 included those in has been a dedicated Government office with the relation to a new Pyrotechnic Directive. Ireland key responsibility to ensure the delivery of a well succeeded in ensuring that the Directive will not co-ordinated “whole of Government” response to preclude Member States from taking measures to domestic, sexual and gender-based violence. The prohibit or restrict the possession, use or sale to the work of Cosc covers issues relating to domestic, general public of certain hazardous and powerful sexual and gender-based violence against women fireworks. A nationwide advertising campaign took and men (including older people in the community). place prior to Halloween to highlight the dangers of There are structures and services in place to deal fireworks and also the increased penalties for their with these crimes and to support those affected. illegal use (as introduced by amendments to the Some are provided by the State and some by Explosives Act 1875 in the Criminal Justice Act non-governmental organisations (NGOs). Generally 2006). these work independently of one another. Cosc strongly supports all of the existing services and During 2007, over 850 licence applications for works closely with the service providers who support the importation of explosives (including deemed victims and treat perpetrators. substances and fireworks), 335 firearms dealers’ licences and 1,523 applications for importation of Since it was set up Cosc has been engaged in firearms and ammunition were processed. building relationships with key partners, developing its structure, mission and work programme. There are many organisations who work in areas relevant VICTIMS OF CRIME to Cosc’s remit and the focus initially was to make The Department disbursed �946,125 to 37 groups contact with the relevant Government Departments providing frontline services to victims of crime in and their agencies, as well as national or umbrella 2007 on behalf of the Commission for the Support NGOs. Some of this work has shown clear positive of Victims of Crime. A major advertising campaign returns such as the inclusion of domestic violence promoting the organisations it funds, in particular as a priority for the Garda Policing Plan 2008 the Crime Victims’ Helpline, was carried out by the and the agreement by An Garda Síochána, the Commission in December 2007. HSE and many NGO service providers to work on improvements to data gathering on domestic In July 2007 the Government approved an extension violence. In addition to interagency work Cosc’s of one year to the term of the Dublin Archdiocese other work includes awareness raising and the Commission of Investigation to 28 September, 2008. further development of perpetrator intervention It is anticipated that the Commission will submit its programmes. In 2007 Cosc funded a wide range final report to the Minister at that time. of awareness campaigns by NGOs and perpetrator intervention programmes.
DOMESTIC VIOLENCE Funding of �21 million has been made available HUMAN TRAFFICKING under the National Development Plan 2007-2013 Ireland signed the Council of Europe Convention on to continue to support awareness raising campaigns Action against Trafficking in Human Beings in April and perpetrator intervention programmes over the 2007. period of the Plan. Funding of �2.1million in 2007 represented a 13.5% increase on the budget for The Criminal Law (Human Trafficking) Bill was 2006. published in October 2007. The Bill creates an offence of recruiting, transporting, transferring,
16 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM harbouring or causing the entry into, travel within or investigative tool for An Garda Síochána in the fight departure from the State of a person for the specific against crime. In February 2007, a major expansion purpose of the trafficked person’s sexual or labour of the Garda CCTV town centre scheme was exploitation or removal of his/her organs. Enactment undertaken with a total of 17 locations included. of this legislation will bring Ireland into compliance CCTV systems were put into operation in three with the criminal law/law enforcement elements of new locations in 2007 - Ballyfermot, Clondalkin various EU, Council of Europe and UN human and Tullamore. Contracts were signed during the trafficking instruments. year for CCTV systems in another nine locations – Castlebar, Drogheda. Ennis, Kilkenny, Mullingar, A public consultation period seeking the views of the Portlaoise, Sligo, Tallaght and Waterford. Contracts public on what should be included in the National were being finalised at end 2007 for systems in a Action Plan to Prevent and Combat Human further five locations – Athlone, Carlow, Clonmel, Trafficking commenced in October 2007 following Dungarvan and Kinsale. It is intended that the 14 the launch in Brussels of a G6 Initiative against additional systems will be in operation in 2008. To trafficking in human beings. The G6 Initiative is a date, grant aid funding of just over �4 million has co-ordinated international campaign of activity to been approved for local community groups for the tackle the trafficking of human beings. Ireland, the installation of CCTV systems under the Community UK, Netherlands, Poland, Italy and Spain are Based CCTV Scheme, bringing the total number participating in the Initiative which is being of such grants awarded to date to 97. Proposals supported by Europol, Interpol and Eurojust. This for an innovative scheme were developed in 2007 is a multi-strand operation marrying strategic policy to provide capital funding for CCTV schemes in development with a period of operational policing housing schemes occupied by older persons. This enforcement activity. The strands of the Initiative are initiative will operate on a pilot basis initially and will intelligence gathering, awareness training, law involve a total of 12 schemes with a combination of enforcement operational activity and victim Local Authority and Irish Council for Social Housing protection. Ireland will lead the strand in awareness nominated projects (rural and urban mix) as well as training. projects from RAPID areas.
A competition was held in December 2007 to appoint an Executive Director to a new Anti-Human INTERNET SAFETY AND AWARENESS Trafficking Unit in the Department of Justice, As a response to growing concerns about internet Equality and Law Reform. safety and cyber crime, the Minister announced the establishment of an Office for Internet Safety (OIS) COMMUNITY INITIATIVES in September 2007 as an Executive Office of the The Department continued to participate in the work of Department. The Office has responsibility for the RAPID (Revitalising Areas by Planning Investment co-ordinating measures so as to ensure a safer and Development) Programme for disadvantaged internet environment within a self-regulatory and areas. Following an evaluation of the Programme co-operative framework. It is particularly concerned in 2006, the Programme is now focused on seven with combating child pornography. In addition to strategic themes, one of which is community safety placing cyber crime issues squarely within the crime and anti-social behaviour. The Department, with An policy framework of the Department, the OIS will be Garda Síochána, participated in the development in a position to encourage greater cohesion across of these strategic themes during 2007. Particular state agencies and the industry generally. The priority was given to RAPID proposals which fall current Internet Advisory Board will be replaced by within the functional areas financed by the National the Internet Safety Advisory Council, whose remit Development Plan. will be to support the work of the OIS and this body will be drawn from representatives of the key The implementation of CCTV systems provides a stakeholders in the statutory, industry and strong deterrent to crime and a powerful community sectors.
ANNUAL REPORT 2007 17 Two booklets in the GET WITH IT series were REFORM OF CRIMINAL LAW published by the Internet Advisory Board – The second phase of the codification of all “A Revised Parents’ Guide to New Media substantive criminal law in one easily accessible Technologies” and “A Parents’ Guide to Filtering penal code got under way in 2007. The Criminal Technologies”. In the region of 40,000 copies of Law Codification Advisory Committee, which will each booklet were distributed free of charge. oversee the codification process, was established on 1 February 2007 under Part 14 of the Criminal Justice Act 2006. Innovative administrative and research support arrangements for the Advisory INTERNATIONAL MATTERS Committee were also put in place. The Advisory In September 2007, Ireland signed an International Committee submitted its first work programme for Treaty establishing a new European Centre based 2008-2009 to the Minister in December 2007. in Lisbon – the Maritime Analysis and Operations Centre (Narcotics) - to tackle the increasing The Balance in the Criminal Law Review Group shipments of drugs into Europe from, in published its interim report dealing with the right to particular, both South and Latin America. The silence in February 2007. The Group’s final report Centre will maximise the operational effectiveness was published in March 2007. This Report deals in of the participating countries, namely Ireland, UK, particular with the right to silence, the introduction Netherlands, France, Spain, Portugal and Italy, of character evidence of the accused at trial, the through the pooling of resources and enhanced exclusionary rule of evidence, advance disclosure of intelligence sharing which will in turn enhance the his/her defence by the accused, “with prejudice” interception of shipments across the Atlantic into appeals in cases of wrongful acquittals, “new Europe and West African states. The Treaty also evidence” appeals, prosecution submissions before provides for the possibility of extending the sentencing and the rules in relation to hearsay operational area into the Western Mediterranean evidence. The recommendations of the Group basin. Ireland will be represented by the Irish Drugs concerning the drawing of inferences from the silence of an accused in the face of questioning by Task Force of An Garda Síochána, the Customs a member of An Garda Síochána were implemented Service and the Naval Service. in the Criminal Justice Act 2007. A number of other recommendations concerning, for example, the Ireland signed an Agreement on the Surrender access of a suspect to the audiovisual recording of of Fugitive Offenders with the Hong Kong Special his or her Garda interview, were also addressed in Administrative Region of the People’s Republic of that Act. China in October 2007. The Agreement will enter into force after the parties have notified each other The Fines Bill 2007 was published in January 2007. of the completion of their respective constitutional The main purposes of this Bill are to provide for the and legal requirements. The Agreement received payment of fines by instalment; to provide for the the approval of Dáil Éireann under Article 29.4.6 of indexation of fines for summary offences, including Bunreacht na hÉireann in November 2007. summary conviction of certain indictable offences; to increase certain fines on conviction on indictment In 2007, 173 European Arrest Warrants were and to provide an improved means of assessing the received by the Central Authority for the European capacity of a person to pay a fine. Arrest Warrant; this was an increase of 36% on the number received in 2006. 67 Persons were Approval was given to a proposal for the drafting of a new Bill entitled the Criminal Law (Defence of Life surrendered in 2007 which is an increase of 49% and Property) Bill in March 2007. The purpose of on the number surrendered in 2006. the Bill is to amend the existing legislation which applies to the defence of the person and the person’s home. A Law Reform Commission Report on the subject of legitimate defence, which will include issues related to defence of the home dwelling, is expected to be published in the first half
18 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM of 2008. A decision on the best way of progressing and for new arrangements in relation to the this issue will await the publication of the LRC circumstances in which recordings of Garda Report. The legislation which currently applies in interviews must be given to suspects as well relation to self defence generally is the Non Fatal as ending the requirement for contemporaneous Offences against the Person Act 1997. written notes to be made by Gardaí during interviews with suspects where the interview is The Prisons Act 2007 was signed into law on 31 being recorded. The Minister signed a statutory March 2007. This Act is part of the ongoing reform instrument on 18 May 2007 providing for the in the Prisons area and is a significant step forward commencement of the bulk of the provisions in in the modernisation of the Irish Prison Service. It the Act. provides for the appointment of a statutory Inspector • The Criminal Procedure (Amendment) Act 2007 of Prisons, the development of prisons and the was enacted on 25 October 2007. It clarifies the extension of a range of matters encompassed by position of senior prison staff and Peace Prison Rules. Following enactment of this Act, the Commissioners in relation to recognisances Prison Rules 2007 came into effect on 1 October where bail has been granted. 2007. They represent the first major review of prison regulations since 1947 and encompass best Bills at various stages in the legislative process international practice in this area. With regard to legislative proposals, the following matters received attention: The Provisions of the Offences against the State (Amendment) Act 1998 were renewed for a further • The General Scheme of the Criminal Justice twelve months commencing 30 June 2007. (Forensic Sampling and Evidence) Bill 2007 [formerly known as the DNA Database Bill] was On 14 August 2006 the Government agreed to the approved for drafting by the Government proposal of the former Tánaiste and Minister for on 13 February 2007. The Bill is expected to be Justice, Equality and Law Reform, Mr Michael published in 2008. McDowell, for the establishment of a Committee (the • Approval was given for drafting of a Prevention Casino Regulation Committee) to report on the of Corruption (Amendment) Bill. Publication possibilities for a legislative basis for the strict is expected early in 2008. The proposal arises regulation of casino-style operations in the State. A primarily from recommendations of the OECD copy of the final report of the Casino Regulation in relation to Ireland’s compliance with the Committee was presented in April. provisions of the Convention on Bribery of Foreign Public Officials in International Business Legislation enacted to support anti-crime measures Transactions. Elements of the EU Framework • The Criminal Law (Sexual Offences) Decision on Combating Corruption in the Private (Amendment) Act 2007 was enacted on Sector requiring legislation will also be included 7 March 2007. in the Bill. • Prisons Act 2007 (31 March, No. 10 of 2007) • The Criminal Justice Act 2007 (published on Other Bills 13 March 2007) was enacted on 9 May 2007. • Drafting of a Criminal Justice (Miscellaneous The Act formed part of a package of measures Provisions) Bill is underway. The Bill will provide including increased resources for all pillars of for miscellaneous, mainly technical, changes to the criminal justice system, drawn up to aid the criminal law and will give effect to certain efforts to counter serious crime. The Act, international commitments. Publication of the amongst other matters, amends the law Bill is expected in early 2008. relating to bail and the right to silence. It provides • Amendments to the Criminal Justice (Mutual for increased sentences for second or Assistance) Bill giving effect to the mutual subsequent convictions for certain types of assistance provisions in a number of additional offences, new monitoring and protection of international instruments, were finalised in persons orders and increased detention periods October 2007 with a view to their advancement to facilitate Garda investigations. It also provides at Dáil Committee stage. for the indefinite retention of fingerprints, for new offences relating to possession of certain articles
ANNUAL REPORT 2007 19 20 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM DEVELOPING CRIMINAL JUSTICE SERVICES
Ensuring the sufficiency of resources to the criminal justice system continues to be a priority for the Department. This High Level Goal focuses on the Department’s interaction with key organisations in our area of responsibility within the criminal justice system – An Garda Síochána, the Courts Service, the Irish Prisons Service and the Probation Service. The effectiveness of our policies and actions in this area has a direct bearing on our ability and that of the criminal justice agencies to deliver on the Government’s comprehensive anti-crime programme.
ANNUAL REPORT 2007 21 DEVELOPING CRIMINAL JUSTICE SERVICES
PROGRESS MADE IN THESE AREAS DURING 2007
AN GARDA SÍOCHÁNA A total of 54 civil actions against the State arising Structural Reform and Modernisation: from events in Donegal (the subject of the Morris Funding of �260 million has been made available Tribunal), were settled in 2007 at a cost of �8.14 under the National Development Plan 2007-2013 million. A further 29 cases in relation to these events for the purpose of improving the standard of Garda remain on hand. New Discipline Regulations for An stations and facilities throughout the State. Over the Garda Síochána, which reflect the findings of the period of the Plan, this funding will be committed to Morris Tribunal, came into effect on 1 June 2007. the provision of appropriate support facilities through the development of IT and communications COURTS infrastructure and equipment, as well as the The Government appointed an additional 14 judges additional accommodation requirements as the during 2007 - 4 High Court, 4 Circuit Court and Force expands towards 15,000. 6 District Court. Support staff were also assigned. These extra judges were deployed to reduce the The Garda Ombudsman Commission commenced waiting periods in both criminal and civil cases. operations on 9 May 2007, replacing the Garda The Court Presidents, who are independent in the Síochána Complaints Board. The Ombudsman exercise of their judicial functions, have arranged Commission’s overall objective is to ensure that for extra court sittings in an effort to reduce these admissible complaints made against members of delays. An Garda Síochána are examined in a way which is both transparent and equitable and increases Building work got underway on the landmark public confidence in the Force. The Commission is Criminal Courts Complex in Dublin in May 2007. independent in the exercise of its functions and is The Court Service Capital Funding Programme not subject to direction by the Minister or the Garda 2007-2010 places a priority on developing and Commissioner in relation to the manner in which refurbishing venues. Funding provided in the complaints are investigated. National Development Plan 2007-2013 will facilitate this continuing investment as well as plans The Final Report of the Advisory Group on Garda to develop the courts infrastructure in other areas of Management and Leadership Development was rapidly increasing population around the country. published in September 2007. This Group was established in 2006 to act in an advisory capacity in The cost of the Criminal Legal Aid Scheme addressing the management and leadership amounted to �46 million in 2007. A review is being challenges facing An Garda Síochána. undertaken of the legislation and arrangements governing the granting of criminal legal aid. The third Report of the Garda Síochána Inspectorate entitled “Policing in Ireland: Looking Forward” was Other developments included: published in September 2007. This Report deals • The Group established to consider the case for a with a wide range of issues including vision and general Court of Appeal and chaired by Mrs. change, organisational structures, police operations Justice Denham of the Supreme Court, is to issue and police administration. an interim report early in 2008. • In partnership with the Law Reform Commission, Accountability: work has commenced on a Bill to reform and The Garda Síochána Confidential Reporting of consolidate over 100 Courts Acts, 40 of which Corruption or Malpractice Regulations 2007 pre-date the establishment of the State. were published in April 2007. Also known as the • Work commenced on the follow up of “Whistleblower” Regulations, they are a key part recommendations in Family Law Reporting Pilot of the overall reform of policing accountability and Project. allow for Gardaí or civilian employees of An Garda • Establishment of a group to review the Síochána to report corruption or malpractice which operation of the District Court comes to their attention. • A project - the Irish Sentencing Information
22 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM System - has been established to examine the petition the Minister against a finding, a sanction or feasibility of providing a computerised both and the right of a prisoner to appeal a finding information system on sentences imposed for involving the forfeiture of remission. These criminal offences, in order to assist judges when Provisions will ensure that effective and transparent considering the sentence to be imposed in an disciplinary procedures operate within the prison individual case. system.
PRISONS The following Reports were published – Funding amounting to �300 million has been • Fifth Annual Report of the Inspector of Prisons made available under the National Development for the Year 2006-2007 Plan 2007–2013 to support the development of • Report on an Inspection of Cork Prison by the structures and the provision of prison rehabilitation Inspector of Prisons and Places of Detention, programmes that are aimed at increasing June 2007 employability, promoting pro-social attitudes and • Report on an Inspection of Portlaoise Prison by addressing offending behaviour over the period of the Inspector of Prisons and Places of Detention, the Plan. November 2006 • Prison Visiting Committee Annual Reports 2006: The Prisons Building Programme is proceeding to Limerick, Loughan House, Mountjoy, St Patrick’s schedule. The Thornton Hall Campus is being and the Training Unit progressed to an aggressive project timeframe with a • Report on a Re-visit Inspection of Arbour Hill preferred bidder identified in April 2007. This is the Prison by the Inspector of Prisons and Places of single largest capital project ever undertaken by the Detention, February 2007 Department and the special statutory development • Prison Visiting Committee Annual Reports 2006: consent process enacted in the Prisons Act 2007 Arbour Hill, Castlerea, Cloverhill, Cork, Midlands, will apply to the project. Portlaoise, Shelton Abbey and Wheatfield • Report on an Inspection of Castlerea Prison by A new Inspector of Prisons, Judge Michael Reilly, the Inspector of Prisons and Places of Detention, was appointed and this appointment takes effect October 2006 from 1 January 2008. Also, approval for significant • Report on an Inspection of Wheatfield Prison by additional staffing resources was received which the Inspector of Prisons and Places of Detention, will allow the introduction of a range of new security April/May 2006 measures in prisons. These measures include: • Report on an Inspection of Limerick Prison by • the establishment of a drug detection dog service the Inspector of Prisons and Places of Detention, within the Irish Prison Service June 2006 • the establishment of an Operational Support Group dedicated to and developing expertise in searching and gathering intelligence on illicit material being inside prisons and • the introduction of security screening for all persons entering prisons and a special segregation unit for suspected gang leaders in Cloverhill Prison.
Further provisions of the Prisons Act 2007 relating to prisoner disciplinary procedures came into operation on 1 October 2007. These provisions allow for the holding of inquiries into alleged breaches of prison discipline, the imposition of sanctions where a breach is found and the right of a prisoner to
ANNUAL REPORT 2007 23 PROBATION The National Commission of Restorative Justice The Probation Service has continued to implement was established by the Minister for Justice, Equality its extensive modernisation programme with the and Law Reform in March 2007, with Judge Mary redeployment of personnel and the refocusing of the Martin, District Court Judge and a senior member of core work of the Service. The recruitment of 71 new the judiciary, acting as its full-time chairperson. The staff for the Probation Service to facilitate the Commission’s terms of reference require it to implementation of the Children Act 2001 nationally examine the concept of restorative justice and to and also to provide for additional administrative make recommendations to the Minister as to its support to the Service was initiated. potential wider application in this jurisdiction, including its possible application in the context of During the year the Probation Service continued to community courts. The recommendations of a develop interagency links with the Courts Service, Report on Restorative Justice in January 2007 by An Garda Síochána, the Irish Youth Justice the Oireachtas Joint Committee on Justice, Equality, Service and the Irish Prison Service. Cross-Border Defence and Women’s Rights will also be taken into and European links also continued to be fostered account. The Commission is expected to produce during 2007. an Interim Report to the Minister in early 2008.
TRIBUNALS AND INQUIRIES The Morris Tribunal was established in 2002 to inquire into allegations against some Gardaí of the Donegal Division. It has produced five critical reports to date. The Tribunal completed its oral hearings in December 2007 and it is understood that three reports remain to be completed. The cost of the Tribunal in 2007 was �9.54 million and the cumulative cost to the end of December was �39.79 million. The Garda Síochána Act 2005 and associated regulations represented a major aspect of the Government’s comprehensive response to those findings.
The Rossiter Inquiry (under the Dublin Police Act 1924) into the death of Brian Rossiter following a period in Garda custody was completed in 2007. The Chairman of the Inquiry, Mr Hugh Hartnett S.C., presented his Report to the Minister in October 2007. Questions relating to the legal aspects of its publication are currently under consideration by the Minister in consultation with his legal advisors.
RESTORATIVE JUSTICE Restorative justice is an approach to criminal justice which affords the victim and/or the community a key role in the criminal justice process, while also requiring an offender to face up to the harm he or she has caused and to repair or make good the damage done. Restorative justice puts the victim at the centre of the process.
24 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM ANNUAL REPORT 2007 25 26 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM ASYLUM, IMMIGRATION AND CITIZENSHIP
The Department places a major emphasis on the continued reform of asylum and immigration systems. This High Level Goal focuses on implementing Government commitments in relation to asylum, immigration and citizenship matters, in addition to updating, as necessary, the legislative base in this area. A key priority is the enhancement of our “whole of Government” approach by addressing such matters as the growth in legal migration, asylum processing objectives, the need to modernise legislation in keeping with national and international requirements, streamlining the State’s services and developing reception, accommodation and integration arrangements.
ANNUAL REPORT 2007 27 ASYLUM, IMMIGRATION AND CITIZENSHIP
PROGRESS MADE IN THESE AREAS DURING 2007 (see related Tables in Appendix 3)
ASYLUM APPLICATIONS AND CASE PROCESSING effect from 25 January, 2005. These arrangements Since the early 1990s, the number of asylum apply in the main to nationals of Nigeria, Croatia applications increased considerably from some 39 and South Africa. Romania and Bulgaria were also applications in 1992 to a high of 11,634 in 2002. included prior to their accession to the EU on 1 Since 2002 there has been a significant turnaround January 2007. in this trend with the number of applications for asylum received decreasing annually. The number 27% of all applications in 2007 were from of applications received in 2007 is the lowest nationals of countries covered by the prioritised annual total since 1997 and is a decrease of 66% caseload provisions. This can be compared with on the 2002 figure. It is also the first time since 38% since January, 2005. Nigerian nationals 1997 that asylum application numbers have been account for 1,028 of the 1,072 prioritised cases below 4,000. (96%) in 2007.
A total of 3,985 asylum applications were received Some 135 deportation orders to non-EU countries in the State in 2007, a 7.6% decrease on the were effected in 2007 and, in addition, 225 transfer corresponding figure of 4,314 in 2006. When the orders to other European States under the Dublin II number of transfer orders (225) effected in 2007, Regulation were carried out. The rate of success for under the EU Dublin II Regulation, is taken into effecting Dublin II Regulation transfer orders signed account this, in real terms, reduces the number of in 2007 was 66% compared to 53% in 2006. This applications to 3,760. rate is high by European standards and is due to a number of new strategies being implemented to Following their accession to the European Union in improve the operation of the Regulation in Ireland. January, 2007, asylum applications from nationals of Romania and Bulgaria are now deemed An additional 417 persons who would otherwise inadmissible for processing in the State, as citizens have been removed from the State opted to be of both countries and their family members have assisted to return home voluntarily in 2007. This is free movement rights which, in Ireland, are set out a substantial increase from 2006 when 238 persons in the European Communities (Free Movement of opted to be assisted to return home. Persons) (No. 2) Regulations 2006. Ireland In 2007, for the first time, European citizens were experienced an influx of Romanian nationals removed in accordance with Regulation 20(1)(a) seeking to apply for asylum in January 2007 when of the European Communities (Free Movement of some 220 such applications were received by the Persons), (No 2), Regulation 2006. Removal Orders Office of the Refugee Applications Commissioner. were made against nine persons of whom four were removed to various EU States during the year. Following consultations with the Attorney General, it was decided to apply the EU Treaty When voluntary returns, deportation, Dublin II Protocol on asylum for nationals of Member States transfers and removal of EU citizens are taken into of the European Union. The Protocol account, a total of 781 persons were either assisted essentially provides that applications for refugee to return home voluntarily or were removed during status from EU nationals shall be inadmissible for the year. processing by another EU Member State except in very exceptional circumstances. The Department dealt with an increased number of applications for permission to reside in the State. The top five source countries for asylum The following details reflect the very significant applications in 2007 were Nigeria, Iraq, China, increases in the number of applications received in Pakistan and Georgia. 2007: • General Permission to Remain - up 600 % since New arrangements for the speedier processing of 2003 (includes applications for Long Term prioritised applications were implemented with Residence)
28 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM • Family Reunification – a total of 647 applications cases were managed in 2007. The volume and cost received in 2007 which is an increase of 490% of Judicial Reviews now being taken has major on the 2006 figures. human and financial resource consequences for INIS and indeed the State. Some 8,003 applications for naturalisation were received in 2007 representing a 13% increase on LEGISLATION AND INTERNATIONAL the previous year. During the year, 1,501 REQUIREMENTS naturalisation certificates and 3,148 post nuptial The Immigration, Residence and Protection Bill citizenship certificates were issued. 2007 was published on 27 April 2007. The Bill sets out a legislative framework for the management Over 150,000 visa applications were processed of inward migration to Ireland and represents a worldwide in 2007, including 66,000 re-entry visas. comprehensive overhaul of the State’s immigration The establishment of further dedicated visa offices and protection laws dating back to the Aliens Act of in London, Abuja and Cairo, in addition to the 1935. It lays down a number of important existing offices in Moscow, Beijing and New Delhi principles governing the presence in the State of also took place during the year. The establishment foreign nationals, including the obligation on a of this network of offices, whose staff can make the foreign national who is unlawfully in the State to full range of visa decisions with the benefit of local leave. It also sets out statutory processes for knowledge, has increased the speed and efficiency applying for a visa, for entry to the State, for of visa processing. residence in the State, for protection in the State and for being required, when necessary, to leave. In early 2007, a scheme was announced for renewal The Government’s term of office ended soon after of leave to remain from the non-national parents of publication and the incoming Government Irish born children granted leave to remain under committed itself to the review and re-publication of the Irish Born Child (IBC) Scheme. Applicants who the Bill. By the end of the year that review was at a are successful under the renewal process have had very advanced stage. their leave to remain renewed for up to three years at which stage those qualifying will be eligible to EU Council Directive 2005/71/EC on a specific apply for full citizenship. At the end of 2007, 14,035 procedure for admitting third-country nationals for applications for renewal had been received and the purposes of carrying out scientific research was 13,697 given grant decisions. implemented in October 2007 by an administrative scheme agreed with the Department of Enterprise Supreme Court Decision Trade and Employment. In December, the Supreme Court overturned the decision of the High Court in relation to its findings Ireland chaired the Inter-Governmental in a series of test cases on the Department’s refusal Consultations on Asylum, Refugee and Migration decisions under the IBC/05 Scheme. The Supreme Policies (IGC), an inter-governmental organisation Court recognised the fundamental power of the based in Geneva, for the period July 2006 - State to control the entry, residence and exit of June 2007. foreign nationals. Ireland hosted a Workshop on Designing Effective Immigration Systems in Geneva in March and the JUDICIAL REVIEWS IGC Full Round of Consultations in Dublin in May One hundred and ninety-six legal challenges to the 2007. deportation/transfer process, through the medium of Judicial Review by persons faced with deportation Also during the year, arrangements were made were instituted in 2007. A total of 490 Judicial which allow for participation by Ireland in the Reviews were awaiting decisions by the courts at activities of the European Agency for the end 2007. Between 196 new cases and 479 cases Management of Operational Co-operation at the on hand at the beginning of 2007, a total of 675 External Borders of the Members States of the
ANNUAL REPORT 2007 29 European Union (FRONTEX). The Agency was AVATS - a new visa computerisation system, known established in 2005 following the adoption of as AVATS (Automated Visa Application and Tracking Council Regulation (EC) No 2007/004 and is tasked System) which was developed in conjunction with with improving the co-ordination of operational the Department of Foreign Affairs, provides a co-operation between the Member States in the comprehensive visa tracking mechanism and field of external border management. While Ireland includes an on-line visa application facility. The System was successfully piloted in Dublin in late is not bound by, or subject to, the application of the 2007 and it will be rolled out worldwide in 2008. Regulation establishing FRONTEX, article 12 of the Regulation provides that the Agency shall facilitate OTHER DEVELOPMENTS operational co-operation of the Member States with Government sanction was granted in 2007 for the Ireland in matters covered by its activities and to the filling of 180 posts as part of the Government’s extent required for the fulfilment of its tasks. decentralisation programme. The Department will progress the decentralisation of these posts to IT INFRASTRUCTURE Tipperary Town during 2008. Work advanced on the delivery of a number of major INIS IT projects aimed, in particular, at better Agreement was reached with the CSO at the end of customer service provision and protection of 2007 for the secondment of a statistician to assist national security and border protection. These with the development of statistical projects in INIS. projects are as follows: RECEPTION AND INTEGRATION AISIP - a new case management system for the The reception function of the Reception and Irish Naturalisation and Immigration Service (INIS) Integration Agency (RIA) accommodated 6,625 (project name AISIP -Asylum Immigration Strategic asylum seekers on 31/12/07, an increase of 21% Integration Platform) is being developed which will over the course of the year. The number of centres substantially enhance customer service provision. contracted by RIA at 31/12/07 was 63 i.e. 9 more The key modules in the AISIP system are: than at end 2006. Over the course of 2007, 8 • A Country of Origin and Library Information previously closed centres were re-opened and 2 new System which was delivered in 2007 and is now centres (including a Programme Refugee Orientation in operation. Centre) were opened. One centre was closed. • A Case Management System • An Accommodation Management System 538 destitute nationals from the 12 States which • A File Tracking System. joined with the EU in 2004 and 2007 were assisted by RIA to voluntarily return home in 2007. It is expected that the full system will be in place early in 2009. 38 Information Clinics (excluding Mosney and Dublin) were carried out in 2007 and 7 Interagency AFIS – as outlined at High Level Goal 1, Policing Resources - the development and deployment of Meetings were held. Overall, 100 inspections of a new integrated electronic fingerprint system for centres contracted to RIA were carried out in 2007, the capture of fingerprints of asylum seekers 41 by RIA staff and 59 by the independent (presenting at the Office of the Refugee inspection company QTS Limited. Applications Commissioner) and non-EEA nationals (on registration with GNIB) is part of the The cost of the Direct Provision system and related development of a new advanced integrated activities carried out by RIA remained high. �83.2 fingerprinting system for the Garda Technical million was expended in 2007, an increase of almost Bureau. This marked the replacement of the 6% on the 2006 outturn. previous manual system and the installation of electronic fingerprint capture equipment called “livescan” units at the Office of the Refugee Applications Commissioner.
30 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Office of the Minister for Integration society. A follow up workshop on developing The Department places a major emphasis on integration policy took place in December 2007. continued reform of immigration related systems A cross Departmental Group was established by by updating, when necessary, the legislative base Government in February 2007 to carry out a review and enhancing a “whole of Government” approach of existing integration policy, based on a report by addressing such matters as the need to developed by the Reception and Integration Agency, develop reception, accommodation and integration and to provide an initial assessment of future policy arrangements, modernise legislation in keeping options. The Department of the Taoiseach chaired with national and international requirements and the Group. The review was completed in May 2007. streamlining the State’s services through the Irish Naturalisation and Immigration Service (INIS). A range of strategic studies geared to informing While matters of reception, accommodation and policy development in the integration area was integration arrangements have all previously been initiated. These included studies on English dealt with by the Reception and Integration Agency language provision for adults; interpretation and (RIA), the newly elected Government in June 2007 translation services and appropriate funding decided to create a new framework to deal with the mechanisms for ethnic minority organisations matter of integration through the establishment of a (commissioned under the National Action Plan dedicated Office of the Minister for Integration. This Against Racism (NAPAR)). Office represents a clear and effective platform for driving forward the integration agenda building on A range of funding initiatives was implemented the expertise gained in RIA and, in addition to under the Immigrant Integration Fund. This was developing national policy on integration, the Office seed funding to mobilise and encourage will also establish structures to achieve its core integration-related activities at a national and co-ordination and promotion aims so that the public community level. service as a whole effectively delivers on integration objectives. It will also roll forward the The Department continued to honour its current integration fund to promote mainstream commitment to offer protection to vulnerable objectives with core funding approved by the refugees under the Government’s Resettlement appropriate Department e.g. Justice, Equality and Programme. In September 2007 the National Law Reform; Community, Rural and Gaeltacht Residential Orientation and Training Centre was Affairs and Education and Science. opened where newly arrived resettled refugees receive cultural orientation and training to prepare Funding amounting to �36.25 million has been them for independent living before being made available under the National Development permanently resettled. Plan 2007-2013 which will facilitate initiatives promoting the integration of all legally resident immigrants over the period of the Plan. Research projects will also contribute to identifying appropriate and effective interventions.
On 1 February, 2007 the Irish Naturalisation and Immigration Service (INIS) in co-operation with the UNHCR hosted a conference on “Integration Policy - Strategies for a Cohesive Society” in Dublin Castle. Coming at a crucial time in the development of immigration and integration policy, the aim of the conference was to initiate a process of consultation and reflection on appropriate strategic directions for the integration of legally resident immigrants into Irish
ANNUAL REPORT 2007 31 32 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM PROMOTING A FAIR, TOLERANT AND CARING SOCIETY
The Department and its agencies have been initiating and supporting programmes to develop a more caring and tolerant society in which equality of opportunity is promoted and advanced. The focus of this High Level Goal is to continue to develop this work by addressing issues of equality, discrimination, tolerance and diversity in terms of gender, employment, racism, disability and any other sphere requiring attention. Obligations in these areas arise not only from Government commitments, but also derive from Ireland’s membership of such bodies as the EU, Council of Europe, the UN and the International Labour Organisation.
ANNUAL REPORT 2007 33 PROMOTING A FAIR, TOLERANT AND CARING SOCIETY
PROGRESS MADE IN THESE AREAS DURING 2007
SOCIAL INCLUSION NPAR, the Equality Authority and the Irish The Department’s commitment to issues of social Management Institute established a Bizlab Cultural inclusion requires the effective co-ordination of all Diversity model to promote the business case for programmes/projects and Departmental diversity through research, to explore and identify commitments in respect of such strategies as the primary issues in management of cultural Towards 2016, the National Development Plan 2007 diversity and establish a business case for -2013, the National Strategic Reference Framework, investment in diversity management. This research the National Anti Poverty Strategy, the National will be completed by the end of 2008. Reform Programme, the European Social Fund and Dormant Accounts funding. Co-ordination and Travellers reporting on these matters is ongoing. The Department co-ordinates the work of the High Level Group on Travellers Issues including DIVERSITY AND TOLERANCE implementation of its Report. This emphasises the National Action Plan against Racism need for interagency co-operation with particular The Government’s National Action Plan against focus on local delivery through the structures of the Racism (NPAR) runs for the period 2005 to 2008. County and City Development Boards (CDBs). Each The overall aim of the National Action Plan against CDB has established a Traveller Interagency Group Racism is to encourage the emergence of a more to co-ordinate local delivery. A Traveller Interagency inclusive society in Ireland based on a Fund was established by the Department to help commitment to inclusion by design, policies which support high quality projects developed through the promote equality of opportunity, mutual Traveller Interagency Groups to promote the understanding and respect. This Plan now falls development of the interagency approach. In 2007, under the remit of the Office of the Minister for 15 projects were approved under Round 2 with Integration. funding of �600,000 allocated. This complements the 12 projects that were funded under Round 1 in In February 2007, NPAR launched a major media 2006. public awareness campaign to highlight the important contribution made by members of The Department financed an independent minority ethnic groups to Irish society. This evaluation of the Civil Service Internship Scheme for campaign used real life case studies to Travellers, operated by the Department of Finance communicate a trend in Irish society, showing new during 2006/2007. The evaluation report was Irish citizens working in key areas of Irish life. launched in October 2007 by Minister of State, Mr. Sean Power T.D. and participants in the programme Under NPAR, funding was made available towards received certificates from the Taoiseach at a special the development of a National Intercultural Health ceremony in Government Buildings. Strategy. This strategy will provide a framework through which both staff and service users may be Following on a commitment in Towards 2016, the supported to participate actively and meaningfully National Traveller Monitoring and Advisory in designing, delivering and evaluating provision Committee (NTMAC) was established in March of health care to minority ethnic service users in 2007 to provide an independent forum for dialogue Ireland. on Traveller issues between the relevant social partners. All of the principal national Traveller NPAR has been actively involved in supporting the Organisations are represented on the NTMAC, as development of an intercultural strategy for soccer well as state agencies and other social partners. with the Football Association of Ireland (FAI). The FAI intercultural Programme – Many Voices One During 2007, the Department supported a number Goal – was launched by former senior international, of positive communication measures including: Paul McGrath in June 2007. The FAI has appointed • Traveller Focus Week-a nationwide a full-time National Co-ordinator to oversee this programme of cultural and information events important initiative. during the first week of December each year
34 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM • Voice of the Traveller Magazine, which is being DISABILITY EQUALITY developed as a means of providing news, Following the appointment of the Government in discussion and entertainment, focussing on June, 2007, a Delegation of Functions Order was issues of particular relevance to the Traveller made delegating responsibility for Disability Equality community. to the Minister of State with responsibility for • Pavee Point Mediation Service - The Department Disability and Mental Health, Dr. Jimmy Devins, T. D. continues to support this service which engages in a range of conflict transformation initiatives. Implementation of the National Disability Strategy is An evaluation of the work of the service was the focus of disability policy over the lifetime of the completed during the year. partnership agreement, Towards 2016. The National Disability Strategy Stakeholder Monitoring Group GENDER EQUALITY (NDSSMG), comprised of senior officials of The National Women’s Strategy 2007-2016 was Government Departments, stakeholders in the published on 18 April 2007. The Strategy is an all of disability sector and the National Disability Authority Government commitment prepared in response to (NDA), monitors the implementation of the National recommendations from the Social Partners and the Disability Strategy. The second bi-annual meeting United Nations. It aims to equalise socio-economic of the Group took place in July 2007 and the first opportunity for women; ensure their well being and implementation progress report was presented to engage women as equal and active citizens. It the Minister of State. contains twenty key objectives and over two hundred actions. A funding package of �59 million The Department has responsibility for the has been set aside in the National Development implementation of the Disability Act 2005, one of Plan 2007-2013 to implement the Strategy. the key elements of the National Disability Strategy. By the end of 2007, all Parts of the Act were The first phase of the Equality for Women Measure commenced. drew to a close during 2007. A final allocation of almost �2.2 million in grant assistance was given Part 5 of the Disability Act 2005 provides for a to 18 projects. Of this amount, more than �1.95 statutory target, currently set at 3%, for the million supported projects in CLAR areas (areas recruitment and employment of people with of rural regeneration) and about �250,000 went disabilities in the public sector. The Act provides to projects with an educational focus. These high a framework for monitoring this employment target quality projects will individually contribute further to in all public bodies through monitoring committees the knowledge, resources and support developed so under the aegis of relevant Ministers of the far under this very successful Equality for Women Government. The National Disability Authority has Measure which has benefited many thousands of an overall monitoring and reporting role under the women since it was first launched in 2000 and Act. The first report on 2006 data was submitted which had a total funding package of �37 million. by the NDA to the Minister of State on 30 November 2007. The report was also submitted to Government Funding of �68 million has been made available in December 2007. from the National Development Plan 2007-2013 to support the next phase of the Equality for Women The Director of the newly established Centre of Measure which aims to build upon the previous Excellence in Universal Design in the NDA took up phase in a more structured manner. It aims, inter duty in April 2007. Recruitment of specialists in the alia, to improve equality between men and women, areas of the built environment, product design and to tackle educational and social barriers to women ICT is ongoing. The NDA launched the Centre with entering and progressing within the workforce and a Conference on Universal Design on 16 October, to support the advancement of women to 2007. decision-making levels in employment and in civil society. The second Excellence through Accessibility (EtA) Awards ceremony took place on 3 December 2007.
ANNUAL REPORT 2007 35 The NDA organised the ceremony to coincide with funding programme. Thirty one major innovative the International Day for people with disabilities and projects to assist people with disabilities were 13 public bodies received EtA awards. The aim of funded by this Department in 2007, with Pobal the EtA award is to examine and encourage the administering a further �4.3 million of the �15 accessibility of services provided by Government million funding package. In addition, the Departments and agencies under their remit to Department provided an expenditure package of people with disabilities. The NDA is responsible for �790,000 in grants under the Accessible Transport issuing guidelines in accordance with international Project Funding to enable 18 organisations to norms and awarding an accessibility symbol to purchase accessible vehicles to assist people with compliant public offices. disabilities to interact more fully with their community, assist independent living and allow Ireland was in the first group of countries to sign, improved access to services. The Department also subject to ratification, the United Nations participated in the funding of a number of Convention on the Rights of Persons with Disabilities awareness raising projects including the About the when it opened for signature on 30 March 2007. House TV programme, the Three 60 TV programme, A high-level, cross-departmental implementation the National Information Day on Disabilities and the group was established under the chairmanship of European Year of Equal Opportunities. this Department in 2007 to advise on any changes to the Government’s National Disability Strategy The Department also provided funding to the that may be required to enable Ireland to ratify the disability organisations People with Disabilities in Convention as soon as possible. One area being Ireland Ltd (PwDI) and the Vantastic Dial-a-Ride addressed is reform of the law on the legal capacity demonstration project on accessible transport for of vulnerable adults. This implementation group is people with disabilities. consulting with representatives of people with disabilities as it carries out its work. The NDA hosted EMPLOYMENT EQUALITY a seminar on the UN Convention and the Council of A new board of the Equality Authority was appointed Europe’s Disability Action Plan 2006-2015, and the by Government. The Authority plays a lead role in implications for Ireland, in Farmleigh on 3 October contributing to a society where diversity is valued 2007. and where those experiencing discrimination can instead experience and enjoy equality and inclusion.
Funding of over �16 million was made available The Working Group on Insurance-related issues in under the National Development Plan 2007-2013 the Gender Non-Employment Directive (2004/113/ for a programme of overarching support-projects in EC) published their report in 2007. The Group was the Justice area focusing on improved accessibility established in 2006 to examine the implications of to services including technology development and implementing the EU Directive’s principle of equal implementation of existing legal provisions in relation treatment between men and women in the access to the position of people with disabilities. to, and supply of, goods and services in the insurance and related financial service sectors. A An expenditure package of �6 million in grant aid copy of the report is available on the Department’s was administered under the Independent website, www.justice.ie. The Government accepted Living Support Programme. Sixty four voluntary the recommendations of the Working Group and and not-for-profit organisations throughout the authorised the drafting of legislation for their country received funding for the purchase of capital implementation, by way of amendments to the Civil equipment which will assist them in enabling and Law (Miscellaneous Provisions) Bill 2006. maintaining independent living for people with disabilities.
The Department has worked with Pobal to progress the delivery of the Enhancing Disability Services
36 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM ANNUAL REPORT 2007 37 38 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM CONTRIBUTING TO A SECURE AND PEACEFUL SOCIETY
A primary function of the Department is to ensure, through appropriate policies and measures, that the security of the State is guaranteed. This High Level Goal underpins the Department’s role in the Government’s commitment to continuing to contribute to the Northern Ireland peace process
ANNUAL REPORT 2007 39 CONTRIBUTING TO A SECURE AND PEACEFUL SOCIETY
PROGRESS MADE IN THE FOLLOWING AREAS DURING 2007
The Government announced its approval to extend was not engaged in paramilitary activity. In its the term of the Remembrance Commission to end response the Government welcomed these October 2008 as it was of the view that the positive and clear-cut findings and looked Commission’s task was not yet complete and still forward to addressing the outstanding obstacles had a valuable contribution to make. A budget of to the restoration of the devolved institutions at �1.76 million was secured for this purpose. The the St. Andrews talks. final budget for 2007 was �1.25 million. • 13th Report - this report was requested by the two Governments as part of the timetable for The Department continued to liaise closely with the implementation of the St Andrews Agreement. Independent Monitoring Commission (IMC), whose In its response the Government welcomed the role is to report on paramilitary activity, security very positive assessment of the PIRA’s continuing normalisation and participation in the political commitment to following the political path, with institutions of the State. no involvement in any type of terrorist activity or criminality. The Report also stated unequivocally The Independent Commission for the Location of that “Terrorism and violence have been Victims’ Remains (ICLVR) remains active in its work abandoned” by PIRA. of trying to locate and recover the remains of those • 14th Report - this report was the third to the two who were killed during the Troubles and buried in Governments under Article 5(1) of the secret. The ICLVR retained the services of experts in International Agreement establishing the this area and undertook a publicity campaign during Commission and deals with the programme of 2007 with a view to encouraging people who may security normalisation published by the British have information which may assist in locating Government on 1 August 2005. The Government remains to give that information. A freephone welcomed the Report’s conclusion that the service was also established to facilitate people commitments entered into by the British passing on information. Government had been met, ahead of target in some areas and outlined the specific actions The Department remains engaged with the issue of taken by the British Government in the third six criminal justice co-operation with Northern Ireland. months of the security normalisation programme. The Intergovernmental Agreement on Co-operation • 15th Report - this Report reiterated the IMC’s on Criminal Justice Matters set out the formal earlier assessments that the PIRA had structures for enhancing North-South co-operation abandoned terrorism and violence and continued in criminal justice. A Working Group of Senior as an organisation not to be involved in criminal Officials continued the work in advancing activity. co-operation across a range of areas, including • 16th Report - this was the fourth and final Report forensic science, youth justice and support for to be delivered under Article 5(1) (programme victims of crime and probation. New areas for of security normalisation published by the co-operation are also being examined. British Government on 1 August 2005) of the International Agreement establishing the The Department also continued to liaise with the Commission. The overall conclusion of the Report International Independent Commission of was that the normalisation programme as a whole Decommissioning and to provide, in conjunction had been complied with. with the UK Government, financial support for its • 17th Report – this Report continues the regular, work. The following Reports of the IMC to the Irish periodic examination of paramilitary activity. It and British Governments under the International noted the continuing violence and criminality Agreement establishing the Commission in 2003 associated with dissident groups and other were published – paramilitaries.
• 12th Report (published end 2006) – this report reiterated the IMC’s view that PIRA had committed itself to following the political path and
40 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM ANNUAL REPORT 2007 41 42 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM CIVIL LAW REFORM
Legislation to reform specific areas of civil and administrative law accounts for a significant proportion of the Department’s substantial law reform output.
The objective of this High Level Goal is to complete the programme of civil law reform contained in the Government’s Legislative Programme, to continue to keep civil law under review and to provide for improved regulatory systems where required
ANNUAL REPORT 2007 43 CIVIL LAW REFORM
PROGRESS MADE IN THE FOLLOWING AREAS DURING 2007
Legislation to reform specific areas of civil law its establishment. Seanad Committee Stage accounts for a significant proportion of the consideration of the Bill was completed on Department’s output and its ongoing objective in this 11 December, 2007. respect is to complete the programme of law reform contained in the Government’s Legislative The new Head Office of the National Property Programme, to keep all law under review and to Services Regulatory Authority (NPSRA), located provide for improved regulatory systems where in Navan, Co. Meath, was officially opened by required. the Minister in November 2007. The Minister also launched (i) a new Code of Practice for the The Court and Court Officers (Amendment) Bill property services industry and (ii) the Public 2007 was enacted in 2007. It provides for the Register of Licensed Auctioneers and Estate appointment of four additional judges of the High Agents. The Code of Practice identifies the key Court, four additional judges of the Circuit Court and principles and values which should guide property six additional judges of the District Court. services providers in their daily business and sets out the minimum standards of professional The Land and Conveyancing Law Reform Bill 2006 conduct to be expected of them in the provision completed Second Stage in Dáil on 6 November of property services whilst the Public Register of 2007 (having completed all stages in the Seanad). Licensed Auctioneers and Estate Agents includes The Bill will simplify and modernise land and details of the names, addresses and trading names conveyancing law by repealing over 150 pre-1922 of all licensed Auctioneers and Estate Agents. statutes and replacing them with provisions more Information relating to those who signed up to the suited to modern conditions. new Code of Practice was included in the Register with effect from end-November. Ultimately, the In April 2007 the Coroner’s Bill was published. This Register will include relevant details of all property Bill provides for a comprehensive reform of the law services providers, including management agents. and for the structural reform of the Coroner Service. A Property Services Regulatory Authority Bill in the The Bill completed Second Stage in the Seanad on course of being drafted, will formally establish the 4 October, 2007 and awaits Committee Stage. Property Services Regulatory Authority to provide for the licensing of property service providers The Tribunals of Inquiry Bill 2005 which was including auctioneers, estate agents and property presented to Dáil Éireann on 25 November, 2005 management agents. commenced Second Stage consideration on 20 November, 2007. The Bill provides for a modern The Legal Practitioners (Irish Language) Bill 2007 comprehensive statutory framework governing all was published in November 2007 and completed aspects of the operation of a tribunal, from Second Stage in the Dáil in December 2007. It establishment to the publication of final report. It replaces existing statutory provisions for Irish reforms and consolidates current legislation and language competence for barristers and solicitors, implements in large part the recommendations promotes the better use of the Irish language by contained in the Law Reform Commission’s final legal practitioners and the provision of legal services Report on Public Inquiries including Tribunals of through Irish. The Bill requires King’s Inns and the Inquiry. Law Society to provide Irish courses and the establishment of registers containing details of The Defamation Bill 2006, presented to the Seanad practitioners competent to provide legal services in in July 2006, updates the law on defamation, Irish. taking into account the need for a balance between the competing rights of freedom of expression and The Report of the Study Group on Pre-nuptial respect for one’s good name and reputation. It Agreements, published in April 2007, provided a provides for recognition of an independent Press comprehensive analysis of the law in this area and Council, subject to certain conditions regarding its recommendations are under consideration. The
44 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Report examines pre-nuptial agreements in the • Drafting of a Bill providing for the establishment context of the constitutional protection accorded of a Legal Services Ombudsman was at an to marriage and the right to marry, and the advanced stage in late 2007 and is expected to overriding constitutional imperative of proper be published in early 2008. provision on divorce. • Work is at an advanced stage on the preparation of proposals for the Mental Capacity Bill that will Other Bills at various stages in the legislative implement the Law Reform Commission’s process: recommendations in their report on Vulnerable Adults and the law. Draft heads are in • The Sale of Alcohol Bill – work is progressing preparation on a Family Law Bill to deal with a on the drafting of a comprehensive Bill which will range of family law matters and a Judicial Council repeal the Licensing Acts 1833 to 2004, as well Bill to provide effective remedies for complaints as the Registration of Clubs Acts 1904 to 2004 about judicial misbehaviour including lay and replace them with provisions more suited to participation in the investigation of complaints. modern conditions. In the latter case, consultations with the judiciary • Proposals for a Civil Partnership Bill were are ongoing. advanced. The purpose of this Bill is to fulfil the • The Report of the Implementation Group Government’s commitment to legislate for civil established to advise on administrative structures partnership and to give effect to the redress was published on 1 March 2007 in respect of the scheme for qualified cohabitants as recommended Legal Costs Bill. by the Law Reform Commission. • The Civil Law (Miscellaneous Provisions) Bill EU and International: 2006 completed Committee Stage in the Dáil in Negotiations on a range of EU and International December 2007. The Bill provides for proposals continued during the period in question. amendments to the law in a variety of areas In particular, two important EU instruments were including business tenancies, courts and court adopted in the civil area dealing with small claims’ officers, making of statutory declarations abroad, judgements and applicable law in the area of censorship of films, civil legal aid and succession non-contractual obligations. In addition, within the law. framework of the Hague Conference on Private • The Government approved the establishment of International Law, there was agreement on the the Government Alcohol Advisory Group in terms of a new Convention with aims to facilitate the December 2007 to examine the following aspects recovery of maintenance in a worldwide context. of the law governing the sale and consumption of alcohol and to report to the Minister with their assessment on the best way forward, namely- Ó the increase in the number of supermarkets, convenience stores and petrol stations with off-licences and the manner and conditions of sale in such outlets, including below unit-cost selling and special promotions; Ó the increase in the number of licensed premises availing of special exemption orders which permit longer opening hours; and Ó the use, adequacy and effectiveness of existing sanctions and penalties, particularly those directed towards combating excessive and under-age alcohol consumption. The Group is due to report to the Minister by 31 March 2008.
ANNUAL REPORT 2007 45 46 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM BUSINESS DELIVERY AND MODERNISATION
The Department is committed to achieving its business objectives and driving improvements in service levels and output.
This High Level Goal provides the Department’s support of business objectives through the effective management of resources and the implementation of modernisation commitments under Partnership Agreements.
ANNUAL REPORT 2007 47 BUSINESS DELIVERY AND MODERNISATION
PROGRESS MADE IN THESE AREAS DURING 2007
The Department is committed to achieving its The Department’s website was re-launched in 2007 business objectives and in driving improvements in with emphasis placed on clearer wording and services levels and outputs. It supports its business description with a more user friendly design and objectives through the effective management of better site accessibility. The Department’s website resources and the implementation of modernisation has been designed to comply with WAI Triple A commitments under the Partnership Agreements. compliance requirements and has been rated by external audit as being reasonably accessible. Work Opportunities for Team Working and Cross is ongoing to improve this assessment. Functional Working across the Department’s full range of activities are analysed on an ongoing basis The Department has undertaken a training and contact is made with other Departments and programme to provide services in Irish. Staff are now Justice and Equality Sector organisations whenever available where necessary to deal with customer necessary. An example of this in 2007 is Cosc, the queries where there is a request by the customer for newly established, dedicated National Office for the the provision of services through Irish. Prevention of Domestic, Sexual and Gender-based Violence. Training was contracted for staff in the Department and in INIS regarding the use of Plain English when POLICY PLANNING AND RESEARCH dealing with customers with poor/little English. The Policy Planning Research Unit (PPRU) approved a total of seven new projects in 2007 Planning in respect of a Course aimed at including: improving the quality of correspondence issuing • The Codification of Criminal Law from the Department was finalised. The Course will • Research into the establishment of a Court of become available in 2008. Appeal • A study of Firearms Dealers INFORMATION TECHNOLOGY • European Arrest Warrant Act 2003 – High Court Since March 2007, the Interim Parole Board, the and Supreme Court Judgements from 2004 to Refugee Appeals Tribunal, the Office of the 2007 Censorship of Publications, the Criminally Inflicted • The Fulbright Commission Scholarship Injuries Compensation Tribunal and the National Programme 2008-2009 Crime Council have been brought into the shared IT • The NACD Drug Markets Study service. • Prejudice in Ireland Revisited In the area of Human Resource Management, work CUSTOMER SERVICE continued during 2007 to clean the existing data Customer Service is a central component of any on the Human Resource Management System and organisation, in that the quality of the service to input data which was not previously maintained provided determines the perceived effectiveness electronically. and efficiency of that organisation by the public at large. Consequently, this matter is given priority on FINANCIAL MANAGEMENT an ongoing basis by the Department and a number Financial Management constitutes a major facet of of significant initiatives have been advanced during effective and efficient management. With regard 2007. to this the Oracle Financial Management System has been extended to the Probation Service and is The Department’s Disability Advisory Group fully operational under the Department’s Charter of continued to meet in 2007 to seek ways of Accounts and financial reporting procedures. Also, improving access to public services provided by the a contract to outsource certain elements of Department for people with disabilities. system maintenance and development for the Oracle Financial Management System is now in place. This ensures that any skills deficit in the
48 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Financial Shared Services centre is filled (b) Late Payments appropriately and also ensures that there is continued development of the system with support Invoice No. of Amount of and maintenance of a standard that reduces the Amount Invoices Interest Paid likelihood of system downtime for users. �
All staff are now on the Travel and Subsistence self Under �317 251 2,480.85 service system and budget and reporting delivery Over �317 1,342 63,296.74 systems are in place for all managers of cost centres. Costing models have been delivered and Total 1,593 65,777.59 training is ongoing in their use, and an online financial enquiry service in now available to all line (c) Overall percentage of late payments to managers requiring access. Resource Allocation total payments and total interest paid and Business Planning within the Department has • The overall percentage of late payments to total resulted in the production of the first Annual Output payments was 3% Statement in March 2007 which will be an annual • The total amount of interest paid with respect to feature of Departmental reporting in the future late payments was �65,777.59 (See Appendix 2). The draft procurement Plan was finalised in Q.4 2006 and is currently being updated INTERNAL AUDIT in line with the Strategy Statement 2008-2010. The Department of Justice Equality and Law Reform remains committed to the highest standards of FINANCIAL SHARED SERVICES Corporate Governance and established an Audit The Department’s Financial Services centre in Committee in January 2004. The committee Killarney provides financial services to the comprises five members; four members are Department, An Garda Síochána, the Irish Prison independent of the Department of Justice, Equality Service, the Courts Service, the Property and Law Reform. The committee has its own terms Registration Authority, the Department of Arts, Sport of reference and charter and the members of the and Tourism, the National Library of Ireland and the Audit Committee continue to provide a valuable National Museum of Ireland. Service delivery is service to the organisation. governed by Service Level Agreements between these organisations and the Financial Shared The role of the Audit Committee includes Services Centre. The services include payroll, advising the Secretary General on the adequacy and accounts payable, staff expenses and the support effectiveness of the systems and internal controls and development of financial computer systems. operating within the Department. The Audit Following successful negotiations throughout 2007, Committee met six times in 2007 and reviewed a the services are being extended to the Department range of work across Votes 19 and 21 (Justice and of the Taoiseach in early 2008. the Prison Service).
PROMPT PAYMENT OF ACCOUNTS ACT 1997 FREEDOM OF INFORMATION (FOI) In accordance with the Prompt Payment of Every effort was made to maintain high quality Accounts Act 1997, the following information is decision making in responding to all Freedom of provided in respect of the financial period ending Information requests through the provision of 31 December 2007 ongoing training for appointed deciding officers and (a) Payment Practices - appeals officers of the Department. The Department makes payment to suppliers in accordance with the terms specified in the The Department continues to participate in the Civil respective invoices or conditions specified in Service Users Network group (CSUN) - a group of individual contracts, if appropriate. Since 2002 the FOI Officers in Civil Service Departments which is standard terms are 30 days.
ANNUAL REPORT 2007 49 an invaluable tool in the exchange of information newly built permanent accommodation in Longford when dealing with inter-departmental FOI requests, town on 23 July, 2007, involving the relocation of assisting in the processing of common requests in a 141 posts. Another move from Garda Headquarters unified and efficient manner. has now been completed with the Fixed Charge A total of 445 requests were processed under the Processing Section relocating to Thurles on 30 Freedom of Information Acts 1997 and 2003 October 2007, bringing the total number of posts • 73% of requests were for personal information moving to the town to over one hundred. An early from staff and clients of the Department phase move of the Equality Authority to Roscrea • approximately 18.4% of requests were from has taken place involving an advance party of 20. journalists There are 9 staff in situ and a further 11 will join them in early 2008. The National Property Services ARCHIVES ADVISORY GROUP Regulatory Authority (7 posts) was opened by the In June 2007, the Department transferred about Minister in Navan on 15 November 2007. Work 185 files and records dealing with national is underway in relation to an advance move of security matters covering the period 1923-1933 to around 60 posts from the Irish Naturalisation and the National Archives. During the second half of Immigration Service (INIS) to Tipperary town. 2007, the Archives Advisory Group continued its work of examining files covering the years DATA STRATEGY 1934-1939 (for release during 2008). Effective analysis of the complex policy issues facing the Department requires progress to be made in developing the data and statistics collected and REGULATORY REFORM disseminated for the purpose of policy making/ The Department is engaged in the ongoing process evaluation and a comprehensive strategic approach of review, modernisation and evaluation of is required if this wide range of data needs is to be effectiveness of law reform activity and has addressed effectively. This involves an audit of the nominated two representatives to the data sources available, an evaluation of the interdepartmental group, the RIA network. This situation across the Department and the Justice and network will promote and facilitate the use of Equality Sector organisations and the production Regulatory Impact Analysis within and across of a comprehensive Strategy document containing Government Departments and Offices and provide recommendations on how to progress the matter. a contact point in each Department and Office to During 2007, an evaluation of the situation within facilitate contact and information-sharing between the Department was undertaken and a preliminary the various bodies. report compiled.
RIA’s were carried out on the following pieces of ENERGY SAVING MEASURES legislation during 2007: There was further progression in the Department’s • Amendment of Equality Legislation in order to policy to use products which are 100% recycled, transpose EU Directive 2004/113/EC into Irish partly recycled or made by way of the forest control Law method. • Criminal Justice (Money Laundering) Bill • Explosives Bill 2008 An energy audit was commissioned for the office • Government Committee Stage Amendments to building in Burgh Quay and was carried out with the Civil Law (Miscellaneous Provisions) Bill Sustainable Energy Ireland (SEI) in the latter half of 2007. Following this, significant savings in energy DECENTRALISATION bills were made. The Department’s Decentralisation Programme has made significant progress during 2007. The Irish Prison Service relocated from its Dublin offices to its
50 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM APPENDICES
ANNUAL REPORT 2007 51 Appendix 1 Business Delivery Censor Publications Office Protection Commissioner Compensation Tribunal Authority • Office of the Film • Censorship of • Office of the Data • Criminal Injuries • Property Registration • Corporate Services • Financial Shared Services Centre • Financial Management Unit • IT • Human Resources • Organisation Development Unit • Project Development Communications & • Press • FOI Minister of State Mr. Brendan Smith T.D. Mr. Law Reform • Criminal Law Reform • Civil Law Reform • Human Rights and Peaceful Society Promotion of a Secure Minister of State • Security & Northern Ireland Mr. Jimmy Devins T.D. Mr. Society Promotion of a Caring Authority Integration Mr. Brian Lenihan, TD Mr. Integrated and Equitable • National Disability • Equality Tribunal • Equality Authority • Office of the Minister for • Disability Equality • Diversity & Equality Law • Gender Equality Secretary General, Mr. Seán Aylward Seán Aylward Secretary General, Mr. Minister for Justice, Equality and Law Reform Minister of State Services Mr. Conor Lenihan T.D. Mr. Provision of Asylum/ Applications Commissioner Tribunal Immigration and Related • Office of the Refugee • Refugee Appeals • Irish Naturalisation and • Irish Naturalisation and Immigration Service • Immigration • Visa • Citizenship • Repatriation • Asylum • Reception & Integration Agency Services Developing Justice Service Services Regulatory Authority • Irish Prison Service • Courts Service • Probation Service Justice • Irish Youth • Parole Board • Legal Aid Board • National Property • Prisons & Probation Policy • Courts Policy Minister of State Mr. Seán Power T.D. Mr. Síochána and Tackling Crime Tackling Supporting An Garda Complaints Board Ombudsman Commission Office for the Prevention of Domestic, Sexual and Violence Gender-based Laboratory ance Policy Organised Crime) Northern Ireland Explosives) Extradition Division • Garda Síochána • Garda Síochána • Garda Inspectorate • Garda Síochána • Cosc- The National • Forensic Science • National Crime Council Authority Security Private • • State Pathology Service • Office for Internet Safety • Garda Division • Finance & Resources • Human Resources • Accountability • Governance & Perform • Garda 1 Administration • Crime 1 • Crime 2 (Drugs and • Crime 3 (Security & • Crime 4 (Firearms & • Mutual Assistance & • International Policy
52 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Appendix 2
Justice Sector Group Output Statement 2008
ANNUAL REPORT 2007 53 Introduction
During 2007 the first Annual Output Statements were published by Government Departments. These publications represent a new increased level of transparency and accountability across the Public Service and allow for enhanced Dáil scrutiny of the Estimates.
As part of these initial statements Government Departments explicitly entered into commitments to deliver specific outputs on foot of their 2007 estimates allocations. For perhaps the first time a systematic approach has been adopted in relation to these commitments and to the measurement of the delivery of specific output targets.
The inaugural Annual Output Statement for the Justice Sector primarily focused on the priorities set down for us in the Agreed Programme for Government. These priorities are further reflected in our Strategy Statement and in particular, the High Level Goals set out in that document. These High Level Goals reflect the policies, operational mandates and activities which underpin the wide ranging and complex business of the delivering of justice and equality services. The Department, in the exercise of its functions – either directly, as a resource provider or in its oversight role aims to operate in accordance with the following set of shared values.
• Ensure access to justice • Apply fair and equal standards of treatment to all groups in society • Demonstrate accountability for our actions • Show courtesy integrity and openness in our dealings • Provide excellent services to the public • Value the individual.
In this, our second statement, our aim is to build on the momentum of 2007 and specifically to focus on:
• Reporting progress in relation to our 2007 targets • Commitment to 2008 output targets.
In 2007 the output targets set for the Justice Sector were measurable and ambitious. We are pleased to report that overall these targets have been largely delivered. Where, in the minority of instances, full delivery has not yet been achieved significant progress has been made towards completion.
In this, the 2008 Statement we have again committed to a full and ambitious set of output targets for the year ahead. The attainment of each of these outputs will in its own way contribute to our overall goal of developing a “safer, fairer Ireland”.
54 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Programme Introduction and Overview
The Justice Vote Group under the direction and control of the Minister for Justice, Equality and Law Reform Mr. Brian Lenihan TD is comprised of five individual Votes: Vote 19 Justice, Equality and Law Reform, Vote 20 Garda Síochána, Vote 21 Prisons, Vote 22 Courts Service and Vote 23 Property Registration Authority.
In terms of its business, the Vote Group is concerned with nine core areas of activity. Each of these core areas represents a programme or pillar on which the business of the Justice Group is supported. These pillars are not discrete or confined to any of the individual Votes. They are a reflection of the relationships and inter - dependencies which exist between the separate, often complex agencies within the Vote Group. These key relationships are necessary to enable the Group conduct its business and satisfy its mission as captured by our Mission Statement:
“To maintain and enhance community security and promote a fair society through the development of a range of policies and high quality services which underpin:
• The protection and assertion of human rights and fundamental freedoms consistent with the common good; • The security of the State; • An effective and balanced approach to tackling crime; • Progress towards the elimination of discrimination, the promotion of equal opportunities and tolerance.”
All policy, legislation and other activities are undertaken with the goal of maximizing the positive impact on society in these areas.
Programme 1: Community security, law enforcement, crime prevention by support for An Garda Síochána
Programme 1 revolves around the activities of An Garda Síochána and their responsibilities with regard to community security, law enforcement and crime prevention. In addition to the core gross allocation on the Garda Vote 20 of �1,616.0m in 2008 it identifies expenditure of �56.1m contained in the Justice Vote 19 which is utilised to assist and support An Garda Síochána in their endeavours. Supports range from direct activities such as Forensic Science to indirect activities such Financial Services.
Programme 2: The maintenance of safe and secure custody for offenders by support for the Prison Service
Programme 2 focuses on the activities of the Prison Service in its remit to provide safe and secure custody to offenders. A total gross estimate of �394.3m for Vote 21 combined with an allocation of �4.4m in support expenditure from Vote 19 which covers support areas such as the Prisons Inspectorate, Parole Board, policy and Financial Services giving a gross total of �398.7m for this programme.
Programme 3: Management of the Courts and supporting the Judiciary
Programme 3 focuses on the core activities of the Courts Service including its role in support of the Judiciary. A total gross estimate of �136.2m for Vote 22 combined with a significant allocation of �72.7m in Legal Aid support expenditure from Vote 19 plus allocated expenditure from policy areas and Financial Services giving a gross total of �215.1m for this programme.
ANNUAL REPORT 2007 55 Programme 4: The promotion of a safe society through the provision of a wide range of Justice Services
Programme 4 focuses on the wide and diverse range of activities within Vote 19 which do not naturally fall into the other core areas of activity. Such activities range from Commissions and Special Inquiries, Human Rights Commission to the Mental Health Review Board, National Property Services Regulatory Authority, Irish Film Censors Office and Private Security Authority amongst others. A total gross estimate of �35.6m for these services combined with an allocation of �1.3m in support expenditure which covers support areas such as policy and Financial Services giving a gross total of �36.8m for this programme.
Programme 5: The promotion of a tolerant and equitable society
Programme 5 focuses on the areas of Equality, Disability and Civil Law Reform within Vote 19. A total gross estimate of �47.7m for these areas combined with an allocation of �8.2m in support expenditure which covers support areas such as policy and Financial Services giving a gross total of �55.9m for this programme.
Programme 6: “The provision of Immigration and Related services”
Programme 6 focuses on the areas of Immigration and Related Services within Vote 19. A total gross estimate of �138.2m for these areas combined with an allocation of �9.0m in support expenditure which covers support areas such as policy and Financial Services giving a gross total of �147.1m for this programme.
Programme 7: The provision of Probation Services
Programme 7 focuses on the area of Probation Services within Vote 19. A total gross estimate of �54.0m for this area combined with an allocation of �5.1m in support expenditure which covers support areas such as policy and Financial Services giving a gross total of �59.1m for this programme.
Programme 8: The provision of a coherent effective Youth Justice Service
Programme 8 focuses on the relatively new area of Youth Justice within Vote 19. A total gross estimate of �59.9m for this area combined with an allocation of �0.9m in support expenditure which covers support areas such as policy and Financial Services giving a gross total of �60.7m for this programme.
Programme 9: The provision of Property Registration Services
Programme 9 is concerned with the Vote of the Property Registration Authority Vote 23. A total gross estimate of �46.8m for this Vote combined with an allocation of �2.8m in support expenditure which covers support areas such as policy and Financial Services giving a gross total of �49.6m for this programme.
56 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM 1. Summary Statement of High Level Goals and Associated Programmes
High Level Goals Associated Programmes
1. Supporting An Garda Síochána and Tackling 1. Community Security, Law Enforcement, Crime Crime Prevention by Support for An Garda Síochána
2. Developing Justice Services 2. The Maintenance of Safe and Secure Custody for Offenders by Support for the Prisons Service 3. Management of the Courts and Supporting the Judiciary 7. The Provision of Probation Services 8. The Provision of a Coherent, Effective Youth Justice Service 9. The Provision of Property Registration Services
3. Provision of Immigration and Related Services 6. The Provision of Immigration and Related Services
4. Promotion of a Caring, Integrated and Equitable 5. The Promotion of a Tolerant and Equitable Society Society
5. Promotion of a Secure and Peaceful Society 4. The Promotion of a Safe Society through the Provision of a Wide Range of Justice Services
6. Law Reform For ease of reporting all Law Reform information is contained in HLG 6 even though Civil Law Reform is included in Programme 5
7. Business Delivery Across all programmes
ANNUAL REPORT 2007 57 High Level Goals and aggregate impact indicators
High Level Goals Impact Indicators
Supporting An Garda Síochána and Tackling Crime We will further advance law enforcement, crime Reduction in crime and a safer environment in prevention and community security by our which to live and work continuing structural and service reform of An Garda Síochána and through the development of effective anti-crime policies, the implementation and enforcement of effective and balanced laws and working to ensure visible policing of our communities. Developing Justice Services We will continue to advance our structural and Delivery of a faster and more effective justice system service reforms of justice services – criminal and civil - so as to enable the Department and the Justice and Equality Sector organisations implement their mandates in the most effective and efficient way possible. Provision of Immigration and Related Services We will continue to implement Government Policies implemented effectively and enhanced commitments in relation to the provision of delivery of migrant systems immigration and related services and to update when necessary the legislative base in this area. Promotion of a Caring, Integrated and Equitable Society We will promote the development of a caring and A more caring society in which equality of equitable society and co-ordinate, support and opportunity is promoted and advanced facilitate the integration of all legally resident immigrants into Irish society through the implementation of appropriate policies. Promotion of a Secure and Peaceful Society We will continue to promote a secure and The security of the State guaranteed through peaceful society through the provision of a wide appropriate measures and policies range of Justice Services and we will continue to contribute to the development of accountable local governance in Northern Ireland. Law Reform We will continue to reform our laws – criminal and Robust legislation and an appropriate regulatory civil – and provide for improved regulatory systems environment that meets the ongoing changing needs where required. of society in place Business Delivery We will support the delivery of the Department’s Business objectives managed and delivered business objectives through optimising staff effectively performance and development, providing a high quality working environment for staff and customers, maintaining the highest standards of corporate governance and through the effective use of resources.
58 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Justice Vote Group - Vote Summary 2007 / 2008
Justice Vote Group 2007 Outturn 2008 % Change � million 2007 � million on � million Outturn Net Voted Expenditure 2,343.6 2,388.7 2,604.2 9% Appropriations in Aid 108.9 124.1 91.5 -26% Gross Voted Expenditure 2,452.5 2,512.8 2,695.7 Non Voted 7% Total Gross Expenditure 2,452.5 2,512.8 2,695.7 7%
Justice 2007 Outturn 2008 % Change � million 2007 � million on � million Outturn Programme 1 1,504.2 1,527.2 1,672.1 9% Programme 2 358.7 399.5 398.7 0% Programme 3 204.4 206.1 215.1 4% Programme 4 38.9 39.5 36.8 -7% Programme 5 42.3 42.6 55.9 31% Programme 6 145.9 171.5 147.1 -14% Programme 7 69.1 55.4 59.1 7% Programme 8 42.4 27.1 60.7 124% Programme 9 46.4 43.8 49.6 13% Total Gross Expenditure 2,452. 2,512.8 2,695.7 7% Exchequer pay and pensions included in 1,709.8 1,677.7 1,889.9 12.6% above gross total Number of associated Public Service employees 31,426 31,164 32,759 5.1% and pensioners
ANNUAL REPORT 2007 59 Programme 1 Justice Vote Group Community security, law enforcement, crime prevention by support for the Garda Síochána*
Inputs Programme A etc. (As at 3) 2007 Outturn 2008 % Change on � million 2007 � million Outturn � million Programme Expenditure - Current 1,288.6 1322.7 1,424.7 8% - Capital 49.0 42.2 69.5 65% Programme Administration - Pay 48.9 50.1 55.0 10% - Non-Pay 63.3 65.3 66.8 2% Support Expenditure 54.4 46.9 56.1 20% Total Gross Programme Expenditure 1,504.2 1,527.2 1,672.1 9% Number of Staff employed on Programme Number of Staff (whole time equivalents) as at 31 December 2007 16,541
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Increase in Garda Strength to 1. Garda strength as at 31st 1. The projected strength of the 14,700. December 2007: 14,845. Force to be as follows: 1st January 2009 15,385
2. Increase in Traffic Corps to 2. The personnel strength of the 2. Increase in Traffic Corp to 1,030. Traffic Corps nationally at the 31st 1,200. December 2007 was 1,030.
3. Implementation plan for na- 3. Impact assessment of 3. 5% increase in intelligence led tional DNA database. implementation of a National operations against drug, gun and DNA Database completed. human trafficking networks
*Offices/Agencies incorporated within this programme Garda Síochána, Garda Complaints Board, Criminal Assets Bureau, Forensic Science Laboratory, State Pathology, Criminal Injuries Compensation, Crime Prevention Measures, Garda Ombudsman Commission, Office of the Garda Inspectorate
60 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Programme 2 Justice Vote Group The maintenance of safe and secure custody for offenders by support for the Prisons Service*
Inputs Programme 2 2007 Outturn 2008 % Change on � million 2007 � million Outturn � million Programme Expenditure - Current 310.2 341.8 340.8 0% - Capital 36.0 44.2 43.8 -1% Programme Administration - Pay 7.9 7.5 8.6 15% - Non-Pay 1.0 1.8 1.1 -37% Support Expenditure 3.6 4.2 4.4 4% Total Gross Programme Expenditure 358.8 399.5 398.7 0% Number of Staff employed on Programme Number of Staff (whole time equivalents) as at 31 December 2007 3,502
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Finalise contract in relation to 1. Contract close to finalisation. It 1. Award Contract and Thornton Hall. is expected that negotiation with commence construction of the preferred bidder will conclude Thornton Hall. mid 2008.
2. Implement Integrated 2. System now being piloted 2. Commence Roll-out of Sentence Management. in Wheatfield and Arbour Hill Integrated Sentence Management prisons across Prisons.
3. Complete detailed design and planning stage for Munster Regional Prison at Kilworth.
*Offices/Agencies incorporated within this programme Prisons Service, Prisons Inspectorate, Parole Board
ANNUAL REPORT 2007 61 Programme 3 Justice Vote Group Management of the Courts and supporting the Judiciary
Inputs Programme 3 2007 Outturn 2008 % Change on �million 2007 �million Outturn �million Programme Expenditure - Current 72.7 74.7 76.9 3% - Capital 39.0 34.7 39.0 12% Programme Administration - Pay 11.5 11.4 12.4 8% - Non-Pay 7.7 8.3 8.0 -5% Support Expenditure 73.5 77.0 78.9 3% Total Gross Programme Expenditure 204.4 206.1 215.1 4% Number of Staff employed on Programme (whole time equivalents) Number of Staff as at 31 December 2007 1,050
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Commence construction in 1. Construction began in early 1. The Criminal Justice Interoperability respect to the development of May 2007and is expected to Pilot Project to improve electronic a Criminal Courts Complex in be operational in 2010. communication between the Courts 2007. Service and An Garda Síochána. Pilot phase to commence in 2008.
2. Commence operation of the 2. The new approach and 2. The establishment of a shared Central Courts Accounting system has been rolled out to a service centre for the processing and Office to process all District number of offices on pilot basis administration of accounting functions Court financial transactions in during 2007 and has been of the District Courts was successfully 2007. very successful. piloted in 2007. It will be rolled out to District Court offices in 2008.
3. Implement on-line Small 3. Pilot implemented during 3. Family Law Case Progression : Claims system in 2007. 2007. Primary legislation to become law, mid 2008, with this initiative commencing in the final law terms of the year
*Offices/Agencies incorporated within this programme Courts Service, Legal Aid – Criminal, Legal Aid Board, Free Legal Advice Centres
62 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Programme 4 Justice Vote Group The promotion of a safe society through the provision of a wide range of Justice Services
Inputs Programme 4 2007 Outturn 2008 % Change on �million 2007 �million Outturn �million Programme Expenditure - Current 32.1 32.6 30.9 -5% - Capital 0.0 0.0 0.0 Programme Administration - Pay 0.4 0.3 0.4 7% - Non-Pay 4.4 4.6 4.3 -8% Support Expenditure 2.0 1.9 1.3 -34% Total Gross Programme Expenditure 38.9 39.5 36.8 -7% Number of Staff employed on Programme (whole time equivalents) Number of Staff as at 31 December 2007 100
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Establishment of a National 1. Authority Established, Code of 1. A Bill providing for the Property Services Regulatory practice finalised and a National establishment of the National Authority Public Register of all licensed Property Services Regulatory auctioneers and house agents Authority on a statutory basis established and published. scheduled for Publication in 2008.
2. Licensing of circa 20,000 2. Target has been achieved. 2 Introduction of CCTV licensing individuals providing security by Private Security Authority. guarding and door security services in both security companies and in-house security in shops, pubs nightclubs etc. by the Private Security Authority
*Offices/Agencies incorporated within this programme Commissions and Special Inquiries, Human Rights Commission, Commission for the Victims of N.I. Conflict, Independent International Commission, Independent Monitoring Commission, Office of the Data Protection Commissioner, Coroner Service, Victim Support, Central Authorities (Child Abduction), Private Security Authority, Office of the Film Censor, Property Services Authority, Graffiti Removal Operation (GRO), Social Disadvantage Measures - Dormant Account Funded, Mental Health (Criminal Law) Review Board
ANNUAL REPORT 2007 63 Programme 5 Justice Vote Group The promotion of a tolerant and equitable society *
Inputs Programme 5 2007 Outturn 2008 % Change on �million 2007 �million Outturn �million Programme Expenditure - Current 31.4 29.3 41.5 42% - Capital 0.0 0.0 0.0 Programme Administration - Pay 0.4 0.4 0.4 20% - Non-Pay 4.3 3.9 5.8 49% Support Expenditure 6.3 9.0 8.2 -9% Total Gross Programme Expenditure 42.4 42.6 55.9 31% Number of Staff employed on Programme (whole time equivalents) Number of Staff as at 31 December 2007 157
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. National Disability Authority. 1. This target has been met. The 1. The publication of Code of The implementation of systems to initial statutory report on the Practice on access to Heritage monitor progress towards compliance by the public service Sites during 2008. realisation of the 3% employment has now been submitted by the target of people with disabilities. NDA.
2. Publish and begin 2. The National Women’s Strategy 2. Introduce a new Equality for implementation of the National was published in April 2007 and Women Measure, which will Women’s Strategy. (NWS) work has commenced on its make grant assistance available implementation. for positive actions to support the economic and civil advancement of women during 2008 3. Decentralisation of the Equality 3. Currently pursuing planning Tribunal to Portarlington. acquisition of site.
*Offices/Agencies incorporated within this programme Equality Authority, Equality Tribunal, Grant for the National Women’s Council, Equality Proofing, Cosc, Equality Monitoring / Consultative Committees, Gender Mainstreaming and Positive Action for Women, Anti Racism Awareness Campaign, N.C.C. on Racism and Interculturalism, Childcare, Status of People with Disabilities, National Disability Authority, Disability Projects, Civil Law Reform, Office of the Minister for Integration
64 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Programme 6 Justice Vote Group The provision of Immigration and Related services *
Inputs Programme 6 2007 Outturn 2008 % Change on �million 2007 �million Outturn �million Programme Expenditure - Current 118.0 137.9 120.9 -12% - Capital 0.0 0.0 0.0 Programme Administration - Pay 1.6 1.7 1.8 2% - Non-Pay 15.4 18.6 15.5 -17% Support Expenditure 10.9 13.3 9.0 -32% Total Gross Programme Expenditure 145.9 171.5 147.1 -14% Number of Staff employed on Programme (whole time equivalents) Number of Staff as at 31 December 2007 677
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Establishment of an Immigrant 1. The 2007 target to establish 1. Establishment of a Ministerial Integration Unit an Immigrant Integration Unit Council for Immigrants. has been achieved. A Minister of State with special responsibility for Integration Policy was appointed in June 2007.
2. Drafting of Immigration 2. Achieved April 2007. 2. Publication of Immigration Residence and Protection Bill. Residence and Protection Bill.
*Offices/Agencies incorporated within this programme I.N.I.S., Asylum Seekers Task Force - Legal Aid, European Refugee Fund, Asylum Seekers Accommodatione
ANNUAL REPORT 2007 65 Programme 7 Justice Vote Group The Provisions of Probation Services*
Inputs Programme 7 2007 Outturn 2008 % Change on �million 2007 �million Outturn �million Programme Expenditure - Current 44.7 41.2 44.5 8% - Capital 8.2 1.6 5.0 204% Programme Administration - Pay 3.5 1.2 1.4 18% - Non-Pay 4.3 3.3 3.2 -4% Support Expenditure 8.5 8.0 5.1 -37% Total Gross Programme Expenditure 69.1 55.4 59.1 7% Number of Staff employed on Programme (whole time equivalents) Number of Staff as at 31 December 2007 472
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Implementation of relevant 1. Of the relevant sections of the 1. The establishment of a sections of the Children’s Act Children’s Act 6 are now fully dedicated team to manage high 2001 during 2007. implemented, 5 are partially risk offenders. implemented with the remaining 3 to receive high priority in 2008.
2. Completion of Value For Money 2. Draft review complete. 2. Implementation of remaining review into funding of Community section of the Children’s Act. based bodies.
*Offices/Agencies incorporated within this programme Probation Service
66 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Programme 8 Justice Vote Group The provision of a coherent effective Youth Justice Service *
Inputs Programme 8 2007 Outturn 2008 % Change on �million 2007 �million Outturn �million Programme Expenditure - Current 23.1 22.0 45.4 106% - Capital 16.6 1.8 9.0 388% Programme Administration - Pay 0.8 0.9 1.1 20% - Non-Pay 1.5 0.9 4.4 380% Support Expenditure 0.5 1.5 0.9 -41% Total Gross Programme Expenditure 42.4 27.1 60.7 124% Number of Staff employed on Programme (whole time equivalents) Number of Staff as at 31 December 2007 393
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Launch of Youth Justice 1. Complete and awaiting Strategy. Ministerial approval.
2. Expansion of Garda Youth 2. Garda Youth diversion projects 1. Expansion of Garda Youth Diversion Projects to 100. have been increased to 100 Diversion Projects to 112 during during 2007. 2008.
3. Assume responsibility of 4 3. Transfer of responsibility for the 2. Government decision on major main detention centres from management of children capital development programme Dept. Ed & Science. detention school facilities to IYJS for the new detention school took place on 1 March, 2007. facilities and commencement of its implementation.
*Offices/Agencies incorporated within this programme Youth Justice Service
ANNUAL REPORT 2007 67 Programme 9 Justice Vote Group The provision of Property Registration Services. *
Inputs Programme 9 2007 Outturn 2008 % Change on �million 2007 �million Outturn �million Programme Expenditure - Current 34.7 32.8 37.1 13% - Capital 5.5 4.0 5.0 24% Programme Administration - Pay 3.5 3.5 3.7 7% - Non-Pay 1.0 0.7 1.0 40% Support Expenditure 1.7 2.8 2.8 1% Total Gross Programme Expenditure 46.4 43.8 49.6 13% Number of Staff employed on Programme (whole time equivalents) Number of Staff as at 31 December 2007 705
Outputs* 2007 2007 2008 Output Target Output Achieved Output Target 1. Registration of legal 1. Completion of 218,000 Legal 1. Completion of 220,000 Legal transactions, together with the Transactions and 1,140,000 Transactions. Completion of over provision, by electronic means, certification and searching 3 million searching, certification of certification and searching services by electronic means. and eLodgement electronic services. transactions during 2008.
2. A further 7 counties’ maps to 2. 8 Counties Maps fully digitised. 2. A further 7 Maps to be fully be fully digitised by end 2007. digitised Completion of the digitisation of a further 7 counties’ maps in 2008 will ensure that 16 counties in total will have fully digitised maps by the end of 2008. This project is critical to the provision of an electronic registration framework.
3. Completion of decentralisation 3. An additional 32 PRA Staff to Roscommon decentralised.
*Offices/Agencies incorporated within this programme Property Registration Authority
68 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Appendix 3
Asylum/Immigration Tables
Table 1
3500 2915 3000 2411 2500 1899 2000 Deportation Orders 1547 1500 Signed 1000 500 417 0 2003 2004 2005 2006 2007
Table 2
Number of Deportations Effected 2003 - 2007
700 591 599 600 500 396 400 Deportations 302 300 Effected 200 135 100 0 2003 2004 2005 2006 2007
ANNUAL REPORT 2007 69 Table 3 Removals Effected through the use of Charter Flights 2007 Date Destination Adults Minors Total Cost � 25 July Romania 66 45 111 148,920 1 October Germany 1 0 1 13,110 4 December Nigeria 9 0 9 206,400
Table 4 Total Number of Voluntary Returns 2003 – 2007 Year Department of International Total Justice, Equality Organisation for and Law Reform Migration assisted assisted 2007 162 255 417 2006 63 175 238 2005 125 210 335 2004 218 393 611 2003 361 401 762
Table 5 Top 5 nationalities for Transfer Orders signed and effected in 2007 and Regulation States of origination. ORDERS SIGNED ORDERS EFFECTED ARRIVED FROM Eritrea 51 Eritrea 55 UK 227 Somalia 40 Somalia 33 Germany 24 Nigeria 38 Iran 23 Greece 16 Sudan 28 Sudan 18 Belgium 14 Iraq 20 Nigeria 17 Netherlands 13 Others 166 Others 79 Others 49 TOTAL 2007 343 TOTAL 2007 225 TOTAL 2007 343 TOTAL 2006 556 TOTAL 2006 *294 TOTAL 2006 556 TOTAL 2005 426 TOTAL 2005 209 TOTAL 2005 426 TOTAL 2004 238 TOTAL 2004 65 TOTAL 2004 65
Table 6 Section 17(7) applications in 2007 No. of Section 17(7) applications for re-admittance received 151 No. of applications approved 30 No. of applications refused 110 No. of applications on hand at end 2006 11
70 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM ANNUAL REPORT 2007 71 72 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM ANNUAL REPORT 2007 73 74 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM
DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Working for a Safer, Fairer Ireland
Working for a Safer, Fairer Ireland ANNUAL REPORT 2007
DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Working for a Safer, Fairer Ireland
Pinebrook House, 71/74 Harcourt Street, Dublin 2 Bishop’s Square, Redmond’s Hill, Dublin 2 Montague Court, Montague Street, Dublin 2
Tel: 01-6028202 ANNUAL REPORT 2007 Fax: 01-6615461 Lo-Call: 1890 221 227 Website: www.justice.ie Email: [email protected]